Chapter 5.05
BUSINESS REGULATIONS AND LICENSES
Sections:
5.05.010 Soliciting, hawkers, peddling and canvassing.
Prior legislation: Ords. 1723, 2531; Code 1990 §§ 5-101 – 5-104; Code 1969.
5.05.010 Soliciting, hawkers, peddling and canvassing.
A. Purpose. The purpose of this section is to protect the public against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruptions of privacy, and to preserve the public health, safety and welfare by regulating and controlling solicitors, hawkers, and peddlers.
B. Definitions. For the purpose of this section the words and phrases defined hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by context.
“Canvass” as used in this chapter means opinion sampling, poll-taking, proselytizing, or other similar activity from house to house, door to door, street to street, or from place to place.
“Canvasser” as used in this chapter means a person who engages in canvassing for themselves or any other person.
“Charitable” as used in this chapter means any activity represented as carried on from unselfish, civic, or humanitarian motives, or for the benefit of others, and includes, without limitation, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, eleemosynary, scientific, athletic, medical or religious activities, either actual or implied.
“City” as used in this chapter means the City of Gardner, Kansas.
“Hawker” as used in this chapter means any person traveling around soliciting by means of shouting or going from door to door.
“Peddle” as used in this chapter means to operate from a temporary stand, display or similar facility or to travel from house to house, door to door, street to street or from place to place, carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the same for sale.
“Peddler” as used in this chapter means a person who peddles for himself or any other person.
“Person” as used in this chapter means any individual, firm, partnership, corporation, company, religious sect, or denomination, society, organization or league, and includes any trustee, receiver, assignee, agent, or other similar representative thereof.
“Solicitation” or “solicit” as used in this chapter means and includes any one or more of the following:
1. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind, character or description;
2. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose;
3. Hawking or peddling as defined in this section;
4. Advertising or offering of (to include, but not limited to) any item, service or benefit by the hanging of any flyer or handbill to any door, residence or business, regardless of whether a doorbell is rung or any physical or verbal contact is made.
A “solicitation” as defined herein shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.
“Solicitor” as used in this chapter means a person who solicits for themselves or any other person.
According to K.S.A. 25-2712 the City shall not regulate or prohibit canvassing, polling, soliciting or otherwise approaching private residences for the purpose of distributing campaign literature or campaigning for a candidate for an elected office.
C. Prohibited Acts. It shall be unlawful for any solicitor to:
1. Ring the bell or knock on the door or otherwise attempt to gain admittance for the purpose of soliciting at a residence, dwelling, or apartment at which a sign bearing the words “No Solicitors,” “No Trespassers” or words of similar import indicating that such persons are not wanted on the premises, is painted, affixed or otherwise prominently displayed to public view; provided, that this subsection shall not apply to any solicitor who gains admittance to such residence at the invitation or with the consent of the occupant thereof.
2. Solicit at hours other than the following: 10:00 a.m. to 7:00 p.m. local time of any day.
3. Engage in soliciting upon any premises (including parking lots), business or dwelling house, apartment or other residence after having been asked by the owner or occupant thereof to leave the premises, business or residence.
4. Fail, at the outset, to disclose to the prospective buyer or prospective donor their name and the name of the company, product or organization he represents.
5. Make any assertion, representation or statement which misrepresents the purpose of the call or use any plan, scheme or ruse which misrepresents such purpose.
6. To cut across or walk upon any lawn, front yard or courtyard, except upon sidewalks or walkways if such walkways are provided or upon a regularly established path where no sidewalk or walkway has been provided to the house or other building.
It shall be unlawful for any person to solicit who:
1. Has been convicted of a felony, misdemeanor or ordinance violation involving force, violence, moral turpitude, deceit, fraud or the violation of any law regulating the act of soliciting as defined in this chapter within the past five years in the City, state, or subdivision thereof or any other state or subdivision thereof or of the United States.
2. Is required to register pursuant to the Kansas Offender Registration Act, K.S.A. 22-4901 et seq. and amendments thereto or pursuant to an offender registration act of any other state.
D. Duty of Police to Enforce. It shall be the duty of any police officer of the City to enforce the provisions of this chapter against any person found to be violating the same.
E. Penalty. Any person, corporation, partnership or association violating the provisions of this chapter shall, upon conviction thereof, be fined in any amount not to exceed $100.00 or be imprisoned not to exceed 30 days or be both so fined and imprisoned. Each day during or on which a violation occurs or continues shall constitute a separate offense. (Ord. 2787 § 1)