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90-O-28 ~ ...." ORDINANCE NO. 90-0-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, DECLARING AND ESTABLISHING POLICIES AND PROCEDURES WITH RESPECT TO PEDDLING, SOLICITING AND CANVASSING WITHIN THE CITY LIMITS; REQUIRING REGISTRATION OF CERTAIN PERSONS AND ESTABLISHING BUSINESS REGULATIONS FOR SUCH PERSONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, door-to-door solicitors and peddlers present a continuing danger to the residents of this city of fraud, rob- bery, and other crimes; and WHEREAS, registration of names and notice of areas to be canvassed will enable the city to better protect its residents from such crimes; and WHEREAS, individual residents should have a choice as to whether or not solicitors will be permitted on their premises, and WHEREAS, the City Council of the City of Edgewater, at a regularly scheduled meeting on the 4th day of June, 1990 recom- mended that an Ordinance be prepared on the subject, and directed the City Attorney to prepare an Ordinance on the subject. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. Statement of Purpose It is the purpose of the City to assist in the accornplish- ment of the following goals: (a) prevention and/or reduction of crimes; (b) protection of the privacy and peaceful enjoyment of the home and business; and (c) making available to residents information helpful to determine their response to solicitors. SECTION 2. Definitions As used in this ordinance, the following definitions shall apply: (a) Peddler, Solicitor or Canvassor - Irrespective of com- mon usage, these terms may be used interchangeably to describe any person who makes contact, directly or indirectly, by tele- phone, mail or in person or otherwise with any resident of the 1 ....... ~ City for the purpose of soliciting. (b) Solicit, Solicitation or Soliciting - These terms de- scribe the act of requesting, directly or indirectly, expressly or by implication, money, credit, property, financial assistance, information or any other thing of value either in return for goods or services, or for an order for either goods or services, or as a contribution or donation whether or not such contribution or donation results in receipt of any goods, merchandise or ser- vice or any similar exchange of something of value between the person engaging in the act of solicitation and a resident of the City, whether such things of value be tangible or intangible. (c) Transient merchant - A "transient merchant" which shall include the words "itinerant merchant" or "itinerant vendor" is defined as any person, firm or corporation, whether its owner, agent, consignee or employee, whether a resident of the City or not, who engages in temporary business of selling and delivering goods, wares and merchandise within the City, and who, in further- ance of such purpose hires, leases, uses or occupies any build- ing, or structure, vehicle, tent, room, apartment, shop, street, alley, property, or other place within the City for the exhibi- tion and sale of such wares or merchandise, either privately or at a public auction, provided that such definition shall not in- clude any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the pur- pose of securing orders for future delivery. Persons, firms or corporations so engaged shall not be relieved from complying with provisions herein by reason of temporary association with or spon- sorship by any local dealer, trader, merchant or auctioneer, or by conducting such transient business with, as a part of, or in the name of any local licensee. (d) Resident of the City - Any person with a mailing or street address located within the City, including temporary visitors, renters or boarders. (e) Portable sign - Any sign not permanently affixed to the ground or the structure on the site it occupies. (f) Sign - Any device for visual communication which is 2 ...... ....,. used to or intended to attract the attention of the public for business or professional purposes, when the display of this de- vice is visible beyond the boundaries of the property upon which the dusplay is located. The term "sign" shall not include any flag or badge or insignia of any government or governmental agency. The term "sign" shall not include the displays or adver- tising devices in a merchant's window or within the interior of a building. (g) Structure - Any object constructed or installed by a person having a permanent location on the ground. SECTION 3. Registration Required. Except as otherwise provided in Section 14, it shall be un- lawful for any person to engage in soliciting within the City without first beingregistered for that purpose as provided in this Ordinance. SECTION 4. Application. Applicants for registration shall complete and return to the City Clerk, not fewer than five working days in advance of the date upon which the applicant wishes to commence solicitations within the City, a registration form furnished by the City which shall require the following information: (a) Name, social security number, permanent address and telephone number, and temporary address and telephone number. (b) The make, model and license number of any vehicles to be used by applicant. (c) The place where the applicant may be contacted for at least seven (7) days after leaving the City. (d) Name, address and telephone number of the person or or- ganization the applicant represents or is employed by, (if appli- cable) ; (e) Name and title of an officer of such organization who can verify the authority of the applicant to represent the organi- zation; (f) The name of three previous cities where applicant (or the organization represented) conducted similar solicitations (if applicable); 3 ..... ..., (g) A statement as to whether or not applicant has been convicted, pled guilty or pled nolo contendere to any crime or any ordinance violation involving moral turpitude within the pre- ceding 5 years and the place and nature thereof; (h) A statement as to whether or not the applicant (and/or represented organization, if applicable), has: (1) engaged in solicitations of a similar nature in the city before; and (2) if so, whether any license, permit or registration issued by the City has ever been revoked; (i) The nature of the solicitations to be conducted and a brief description of any goods or services offered; (j) The proposed method of delivery of goods or services, if applicable; (k) The period of time during which solicitations will be conducted within the City; (1) A statement that the registration does not represent and will not be used by the applicant as an endorsement of the solicitor's product, service or cause by the City. All statements made by the applicant upon the application or in connection therewith, shall be under oath. SECTION 5. Additional Information. Each applicant shall present to the City Clerk for examina- tion: (a) A driver's license or some other proof of identity pro- viding equivalent information; (b) Any certificates, licenses or other authorizations as may be required by the city, state or other regulatory bodies applicable to the applicant's proposed solicitation activity. SECTION 6. Fee At the time the application is submitted, a fee shall be paid to the City Clerk to partially defray the cost of processing the registration and issuing the certificate of registration. The fee shall be established by a Resolution from the City Coun- cil of the City of Edgewater and subject to change accordingly. This fee is not refundable if the registration is refused for any reason noted in Section 7 or if the applicant withdraws the appli- 4 .., .."., cation at any time after the close of the business day on the day during which it was submitted. SECTION 7. Investigation: Issuance or Denial (a) Upon receipt of an application, the City Clerk shall refer it as soon as possible to the Chief of Police who shall make and complete an investigation of the information contained in the application. (b) The City Clerk shall refuse to register the applicant if it is determined, pursuant to the Chief of police's investiga- tion that (1) the application is incomplete or contains false data: (2) the applicant was convicted of a crime, statutory viola- tion or an ordinance violation involving moral turpitude within the preceding five (5) years; or (3) the applicant failed to com- ply with any applicable provision of Section 4 or 5. (c) Absent a cause to refuse registration in accordance with subsection (b), the City Clerk shall grant a registration and issue to the applicant a certificate of registration. Such certificate shall authorize the holder to conduct business within the City for a 12 month period of time. The City Clerk shall maintain an accurate record of every application received and acted upon together with all other information and data pertain- ing to the application and all certificates of registration issu- ed and applications refused. (d) A permit is not transferable between solicitors. When a solicitor changes employers, or his permit is revoked, the per- mit is automatically void; and he shall return the void permit to the City Clerk. SECTION 8. Appeal Any applicant refused registration may appeal to the govern- ing body in accordance with the appeal procedure established by the governing body. SECTION 9. Loud Noises and Speaking Devices. No applicant, nor any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the City or upon private premises where sound of sufficient vol- 5 .... ...." ume is emitted or produced therefrom to be capable of being plain- ly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such applicant proposes to sell. SECTION 10. Prohibited Practices It is unlawful for any peddler, solicitor or transient mer- chant to make exclusive use of any location on any street, alley, sidewalk or right-of-way for the purpose of selling, delivering or exhibiting goods or merchandise. SECTION 11. Business Regulations It shall be unlawful for any solicitor (a) to call at any residence prior to the hour of 8:00 a.m. or after sunset, except by appointment; (b) to call at any residence or other place bear- ing a notice of "No Peddlers" or "No Solicitors" or words of a similar meaning, providing such notice is posted in a conspicuous place or near the main entrance, is plainly visible, is at least 3 x 5 inches in height; (c) to call at other than the front or main door of any residence; (d) to remain on any premises after being asked to leave by the owner, occupant or other person hav- ing authority over such premises; (e) to misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods or services provided, the pur- pose of the visit, his or her identity or the identity of the represented organization; or (f) to impede the free use of side- walks and streets by pedestrians and vehicles. SECTION 12. Disclosure All registered solicitors shall conform to the following re- quirements: (a) After the initial greeting and before any other state- ment is made to a prospective solicitee, a solicitor shall expressly disclose his or her name, the name of the organization represented, if any, and identify the nature of the solicitation, i.e. selling , seeking information for asking for contributions to or for , etc. (b) If the solicitation is for the purchase of goods or services or for any order for the later delivery of goods or ser- 6 ~ ..... vices, the solicitor shall clearly inform the solicitee of their right to cancel the transaction at any time within 72 hours if it involves the extension of credit or is a cash transaction of more than $25.00. (c) If the solicitation results in an order for the later delivery of goods or services, the solicitor shall, at the time the order is taken, provide the buyer with a copy of all signed documents, containing at the minimum: the terms of the agreement, the amount paid in advance and whether such amount represents full, partial or no advance payment; the" name, address and tele- phone number of the seller or provider; the delivery or perfor- mance date; and whether a guarantee or warranty is provided, if so, the terms thereof. (d) Upon any request to do so, the solicitor shall display for review the certificate of registration issued by the city. SECTION 13. Revocation; Appeal Any certificate of registration shall be revoked by the Chief of Police if the holder thereof is convicted of a violation of any of the provisions of this ordinance, or has made a false statement in the application, or otherwise becomes disqualified for the issuance of a certficate of registration under the terms of this ordinance. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by registered United States mail addressed to his or her residence address as set forth in the application. Immediately upon the giving of such notice, the certificate of registration shall become null and void. Except where revocation occurs following a conviction for violation of this ordinance, the holder of the certificate may appeal to the governing body in accotrdance with the appeal proce- dure established by the governing body. SECTION 14. Exemptions. The following, or their authorized agents, are exempt from the provisions of this ordinance; any person: (a) delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes; 7 -.. ....", (b) selling goods at wholesale dealers in such goods; (c) who has an established place of business where goods or services being sold are offered for sale on a regular basis, and where the buyer has initiated contact with and specifically requested a home visit by such person; (d) who has had, or one who represents an organization which has had, a prior transaction similar to that being soliict- ed with the solicitee; (e) who is an officer or employee of the City, County, State or Federal Government or any subdivision thereof, when on official business; (f) conducting solicitations from the membership of the represented organization for the sole benefit or under the aus- pices of that organization, and (g) Non-profit organizations are exempt from paying the fee but shall register. SECTION 15. Waiver Any person showing proof that he or she is under the age of 16 years may request waiver of fees and registration requirements provided that his or her parents or guardian certify in writing that such parents or guardian will supervise such activities. SECTION 16. Penalty. Any person violating the provisions of this Chapter shall, upon conviction, be subject to the penalties in Section 1-8 of the Code of Ordinances of the City of Edgewater. Each separate day of violation constitutes a separate offense. SECTION 17. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 18. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. SECTION 19. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilmember Bennin~ton 8 -N This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a Regular meeting of said Council held on the 2 day of July , 1990. The second reading of this Ordinance to be at a Regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 16th day of ROLL CALL VOTE ON SECOND READING: �Xcvsc� Councilmane-tone Four 1990. I 0����a4 'j"i't '',V, nance read and adopted on second readingat a �}N a„'� meeting of the City Council of the City/�ofEdge- b - a, and authent' ted this /C day of L.C,/ , 1990. )T I i ""n O� Mayor 41