Chapter 5.10
SOLICITORS
Sections:
5.10.010 Registration required.
5.10.040 House-to-house canvassing or soliciting.
5.10.050 Notice regulating soliciting.
5.10.070 Uninvited soliciting prohibited.
5.10.010 Registration required.
It shall be unlawful for any person engaged in business as a canvasser or solicitor to call at residences for the purpose of soliciting orders, sales, subscriptions or business of any kind, or seeking for information or donations, without first having registered in the office of town clerk-treasurer. The registrant shall give his complete identification, his signature, the name of his employer, the nature of the products or services in which he is interested, the names of the manufacturers of such products or of the organization which he is representing and the proposed method of operation in the town. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 1]
5.10.020 Application.
A. Any person desiring to secure such a solicitor’s permit shall apply therefor in writing over his or her signature to the town clerk-treasurer on forms provided by the town, and such applicant shall complete all information required on the application, including:
1. The name and address of the person, firm or corporation by whom employed.
2. The length of service of such applicant with such employer.
3. The place of residence and nature of the employment of the applicant during at least the preceding year.
4. The nature or character of the goods, wares, merchandise or services to be offered by the applicant.
5. The personal description of the applicant.
6. The complete description and license number of the vehicle to be used by such applicant; and such other credentials and evidence of the good moral character and identity of the applicant as may be reasonably required by the [chief of police].
B. A fee, which shall be nonrefundable, shall accompany such application, as follows:
1. For nonresidents of the town of Whitestown:
a. The sum of $5.00 for perishable and consumable goods to be offered by the applicant, which shall be valid for a period of one year from the date of issue.
b. The sum of $5.00 for all other goods to be valid for a period of 30 days from the date of issue, provided, however, said permit can be renewed for 11 additional 30-day periods without charge.
2. For residents of the town of Whitestown:
a. The sum of $5.00 for any goods to be offered, whether perishable and consumable or nonperishable and nonconsumable, the same to be valid for a period of one year from the date of issue.
The town clerk-treasurer shall not issue such permit unless a period of 24 hours has expired from the time application has been made. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 2]
5.10.030 Certificate.
Each person shall at all times, while soliciting or canvassing in the town, carry upon his or her person the registration certificate, and the same shall be exhibited by such registrant whenever he is required to do so by any police officer or requested to do so by any person solicited. Said certificates, when issued, shall be nontransferable. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 3]
5.10.040 House-to-house canvassing or soliciting.
It shall be unlawful to engage in the business of going upon the premises of another for the purpose of soliciting orders, contributions or information, or for the purpose of selling or peddling after the hour of 7:30 p.m. of any evening, or without the consent or invitation of the owner or occupant of such premises. The fact that such canvasser, solicitor, or peddler is a resident of the municipality, or the employee or proprietor of a business established in the municipality, shall be prima facie proof that the owner or occupant of such premises has given the consent required. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 4]
5.10.050 Notice regulating soliciting.
Every person desiring to secure the protection intended to be provided by the regulations pertaining to soliciting contained in this chapter shall comply with the following directions, to-wit:
A. Notice of the determination by the occupant of giving invitation to solicitors, or the refusal of invitation to solicitors, to any residence shall be given in the manner following:
1. A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:
“Only Solicitors Registered in Whitestown Invited”
or
“No Solicitors Invited”
2. The letters shall be at least one-third inch in height. For the purpose of uniformity, the cards shall be provided by the [chief of police] to persons requesting, at the proportionate cost thereof. Such cards so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 5]
5.10.060 Duty of solicitors.
It shall be the duty of every solicitor upon going onto any premises in the municipality upon which a residence as herein defined is located to first examine the notice provided for in WMC 5.10.050, if any attached, and be governed by the statement contained on the notice. If the notice states “No Solicitors Invited,” then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises. Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 6]
5.10.070 Uninvited soliciting prohibited.
It is hereby declared to be unlawful, and shall constitute a nuisance, for any person to go upon any premises and ring the door bell upon or near any door or to create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof, and engage in soliciting as herein defined in defiance of the notice exhibited at the residence in accordance with the provisions of WMC 5.10.050. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 7]
5.10.080 Exceptions.
The provisions of this chapter shall not apply to veterans under the Acts of 1895 of the state of Indiana, Chapter 121, as amended, nor to the officers or employees of the town, county, state or federal government or any subdivision thereof, when on official business. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 8]
5.10.090 Revocation.
Any such registration may be revoked by the president of the town board or the [chief of police] because of any violation by the registrant of this chapter or of any other ordinance of the town, or any state or federal law, or whenever the registrant shall cease to possess the qualifications and character required by the provisions of the original registration. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 9]
5.10.100 Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than $500.00 for each offense. [Ord. 1984-05 § 10. Prior code Title 4, Art. 2, Ch. 1, § 10]