ARTICLE 2. SOLICITATION, PEDDLING AND CANVASSING
5-201. Purposes.
The purposes of this chapter are 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, peddlers and canvassers. (Ord. 1299)
5-202 Definitions.
For the purpose of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.
A. "Canvass" as used in this chapter means opinion sampling, poll-taking, proselytizing, or other similar activity that is not exchanging goods or services for a fee from house to house, door to door, street to street, or from place to place, excluding federal, state, county or Tonganoxie municipal census takers.
B. "Canvasser" as used in this chapter means any person who engages in canvassing in person.
C. "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 not for private gain, and may include without limitation patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, eleemosynary, scientific, historical, athletic, medical, or religious activities, either actual or implied.
D. "City" as used in this chapter means the City of Tonganoxie, Kansas.
E. "Individual Dwelling Unit" as used in this chapter means a portion of a building containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one family.
F. "Multi-Family Dwelling Complex" as used in this chapter means a grouping of individual buildings which are arranged, intended or designed for occupancy by two (2) or more families, commonly referred to as apartments, town homes, or condominiums.
G. "Peddle" as used in this chapter means to travel from house to house, door to door, street to street, building to building or from place to place, carrying, conveying, or transporting goods, wares, merchandise or services for the purpose of offering and exposing the same for sale.
H. "Peddler" as used in this chapter means a person who peddles.
I. "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.
J. "Solicit" and "Solicitation" 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. Canvassing 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.
K. "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.
L. "Solicitor" as used in this chapter means a person who solicits for himself or any other person." (Ord. 1299; Ord. 1382, Sec. 1; Ord. 1411, Sec. 1)
5-203 License Required.
It shall be unlawful for any person to engage in the business of a peddler, as defined in the preceding sections of this article, within the corporate limits of the city without then having an unrevoked and unexpired license therefor in his or her possession and issued by the city clerk or designee. (Ord. 1382, Sec. 2; Ord. 1411, Sec. 2)
5-204 License Required; Application Required.
Before the city clerk or designee will issue a license required by this article, he or she shall require an application on a form supplied by the city to be completed and reviewed by the city administrator or designee and the police department. In addition, the applicant will be required to provide a copy of a state issued photo ID, or other official form of photo identification such as a passport. Those obtaining a peddler’s license will not be required to obtain a city business license in addition. (Ord. 1382, Sec. 3; Ord. 1411, Sec. 3)
5-205 License Required; License Fee.
Every peddler shall be subject to a license fee. The fee shall be $10 per day or $100 per year per person to peddle within the city limits. (Ord. 1382, Sec. 4; Ord. 1411, Sec. 4)
5-206 License Required; License Fee Exemptions.
The fee as described in section 5-205 shall not apply to those working on behalf of a nonprofit organization soliciting donations for a charitable cause or businesses placing flyers or coupons on the doors of residents without otherwise disturbing the residents. (Ord. 1382, Sec. 5; Ord. 1411, Sec. 5)
5-207 Prohibited Acts.
A. 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 exposed 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.
For purposes of this section, the "No Solicitors" decal can be purchased from the City Clerk at City Hall for one dollar ($1.00), and prominently displayed on the door. Such decal shall constitute sufficient notice to all Solicitors. However, other similar signs, as defined above, are also sufficient.
2. It shall be unlawful for any solicitor to solicit or attempt to solicit at an Individual Dwelling Unit in a Multi-Family Complex when all street entrances to the Multi-Family Complex have been clearly posted with signs marked "No Solicitors". This paragraph shall not apply to Solicitation in an Individual Dwelling Unit when the Solicitor has been invited onto the property to solicit there by the occupant for that dwelling unit.
3. Solicit at hours other than the following: between ten o’clock (10:00) A.M. to five (5:00) P.M. local time of any day.
4. 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.
5. Make more than one solicitation call at the same residential premises for identical goods, services, or contributions within any consecutive fourteen (14) day period without receiving a prior invitation therefore from the occupants of the premises. This provision shall be construed to include solicitation upon the same premises by employees, agents, or other persons acting on behalf of the same person more than once during the aforesaid period without a prior invitation as herein provided.
6. Fail to provide, at the request of the purchaser, a written receipt for purchases exceeding five dollars ($5.00) in cash or tangible property, which receipt shall be signed by the person making the sale and shall set forth a brief description of the goods or services sold, the total purchase price thereof, amount of cash payment, if any, and the balance due and terms of payment; or for any charitable solicitor or organization accepting any contribution exceeding five dollars ($5.00) in cash or tangible property to fail to provide, at the request of the donor, a written receipt acknowledging such contribution and personally signed by the person accepting such contribution.
7. Fail at the outset, to disclose to the prospective buyer, prospective donor or canvassee his/her name and the name of the company, product or organization he/she represents.
8. Make any assertion, representation or statement which misrepresents the purpose of the call or use any plan, scheme, or ruse which misrepresents such purpose.
9. Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, increase traffic congestion or delay or constitute a hazard to traffic, life or property, or an obstruction of adequate access to fire, police or sanitation vehicles.
10. Advertise or offer (to include, but not limited to) any item, service or benefit by the handing of or flyer or handbill to any door, residence or business, if asked to discontinue by the owner/occupant, or if a "No Solicitors" sign is posted on the property, regardless of whether a doorbell is run or any physical or verbal contact is made.
11. 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.
B. It shall be unlawful for any person to:
1. Solicit who 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 (5) years in this City, State or subdivision thereof or any other state or subdivision thereof or of the United States.
2. Solicit or attempt to solicit at a place of residence at any entrance other than the main entrance of the residence. (Ord. 1299; Ord. 1382, Sec. 6. Formerly 5-203)
5-208 Special Regulations for Ice Cream Vendors.
It shall be unlawful for any ice cream vendor to:
A. Exceed a speed of twelve (12) miles an hour when cruising neighborhoods seeking sales or when attempting to make a sale;
B. Make more than two stops in any one block to make any sale;
C. Stop anywhere within twenty-five feet of an intersection when making a sale or attempting to make a sale;
D. Double-park, or park in any manner contrary to any ordinance relating to parking when attempting a sale or when making a sale;
E. Make a U-turn on any block;
F. Drive his vehicle backwards to make or attempt any sale;
G. Permit any person to hang on the vehicle or permit any person to ride in or on the vehicle, except a bona fide assistant or assistants;
H. Remain standing or stopped at any place for a period of time exceeding five (5) minutes;
I. Sell or attempt to sell along any particular route more than one time during a twenty-four hour period; (Ord. 1299; Ord. 1382, Sec. 6. Formerly 5-204)
5-209 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. (Ord. 1299; Ord. 1382, Sec. 6. Formerly 5-205)
5-210 Penalty.
A. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not more than Two Thousand Five Hundred Dollars ($2,500.00) for each offense or shall be imprisoned for a period not to exceed one hundred seventy nine (179) days, or shall be both so fined and imprisoned.
B. Each day any violation of this Code continues shall constitute a separate offense. (Ord. 1299; Ord. 1382, Sec. 6. Formerly 5-206)