Chapter 5.08
SOLICITORS AND CANVASSERS
Sections:
5.08.020 Registration required.
5.08.060 Revocation of certificate.
5.08.070 Limitation on times for soliciting and canvassing – Nuisance.
5.08.080 No soliciting signs – Compliance.
5.08.010 Definitions.
For the purpose of this chapter, the following words as used in this chapter shall be considered to have the meaning ascribed in this section:
A. “Registered solicitor” means and includes any person or business which has obtained a valid certificate of registration as provided in this chapter.
B. “Residence” means and includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
C. “Soliciting” or “canvassing” means and includes any one or more of the following in-person or door-to-door activities:
1. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever, for any kind of consideration whatever; or
2. Seeking to obtain prospective customers for application or purchase of insurance of any type or character; or
3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or
4. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any association, organization, corporation or project. (Ord. 691 § 1, 1998; Ord. 239 § 1, 1976)
5.08.020 Registration required.
It is unlawful and a nuisance for any person to engage in commercial or business solicitation and/or canvassing, calling at residences without the previous consent of the occupant for purposes of soliciting orders, sales, subscriptions or business or commercial information without first having registered in the office of the city clerk. The applicant shall provide a written signed application stating:
A. The name, address, telephone number and contact person for the principal applicant;
B. The nature of the products or services involved, the names of the manufacturers, if any;
C. The proposed method of operation in the city;
D. The state tax identification number;
E. A list of persons who will solicit or canvass in the city, including each person’s name, address and telephone number, a general description of each person, and any convictions of any crimes by each person; and
F. Any other information required by the city. (Ord. 691 § 2, 1998; Ord. 309 § 1, 1984; Ord. 239 § 2, 1976)
5.08.030 Fee.
Each registrant shall pay to the city clerk a registration fee as established periodically by city council resolution for the period expiring 15 days after the date of the registration. Upon approval, the registration may be renewed; provided, that each renewing registrant shall pay an annual registration fee. (Ord. 1026 § 1, 2011; Ord. 787 § 1, 1999; Ord. 439 § 26, 1989; Ord. 326 § 17, 1984; Ord. 239 § 3, 1976)
5.08.040 Certificate.
A. Each applicant who shows that the purpose of the application is to engage in a lawful and legitimate commercial or professional enterprise and that the facts stated in the application are true and who pays the fee provided for in this chapter shall be furnished a certificate indicating that he or she has registered and showing the dates covered by such registration.
B. Each person shall at all times while soliciting in the city carry upon his person the registration certificate and the certificate shall be exhibited by such registrant whenever he is required to do so by any police officer or by any person solicited. (Ord. 691 § 3, 1998; Ord. 239 § 4, 1976)
5.08.050 Exemptions.
A. Officers or employees of the city, county, state or federal government, or any subdivision thereof, when on official business shall be exempt from the provisions of this chapter;
B. Charitable, religious or nonprofit organizations or corporations which have received exempt status under 26 U.S.C. Section 501(c)(3), as amended, or other similar civic, charitable or nonprofit organizations shall be exempt from all provisions of this chapter except LFPMC 5.08.080; and
C. Candidates for political office, campaign workers, members and representatives of political committees or political organizations campaigning on behalf of ballot issues, distributors of sample ballots and other political literature and persons soliciting signatures of registered voters on petitions to be submitted to any governmental agency shall be exempt from all provisions of this chapter. (Ord. 691 § 4, 1998; Ord. 239 § 5, 1976)
5.08.060 Revocation of certificate.
Any such registration may be revoked by the mayor or the chief of police because of any violation by the registration of this chapter or of any other ordinance of the city, or of any state or federal law, or whenever the registrant ceases to possess the qualifications required in this chapter for the original registration, or if the registrant made a misrepresentation of fact in the registration application. (Ord. 691 § 5, 1998; Ord. 239 § 6, 1976)
5.08.070 Limitation on times for soliciting and canvassing – Nuisance.
No soliciting or canvassing shall occur without a prearranged appointment between the hours of 9:00 p.m. and 8:00 a.m. (Ord. 691 § 6, 1998; Ord. 657 § 1, 1995; Ord. 239 § 7, 1976)
5.08.080 No soliciting signs – Compliance.
No soliciting or canvassing shall occur at a residence with a posted No Soliciting sign on the premises. (Ord. 691 § 7, 1998; Ord. 239 § 8, 1976)
5.08.090 Violation – Penalty.
Violation of any provision of this chapter is a civil infraction, and any person, firm or corporation found guilty thereof shall be punished by a fine not to exceed $250.00 per violation. A separate civil infraction is committed on each day on which a violation occurs or continues. (Ord. 691 § 8, 1998; Ord. 239 § 9, 1976)