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HomeMy WebLinkAbout2012-OR-36 ORDINANCE NO. 2012-OR-36 BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA AN ORDINANCE REGULATING DOOR -TO -DOOR SOLICITATION, PEDDLING, AND TRANSIENT MERCHANTS (REPEALING 2011- OR -70) WHEREAS, the Jeffersonville Common Council is vested with the power, duty and obligation to enact ordinances and laws that are designed to provide for the public safety, health and welfare of the citizens of Jeffersonville, Indiana; WHEREAS, in an effort to protect and assure the public health, safety and welfare, the City of Jeffersonville periodically reviews its business regulations to ensure their applicability, safety, fairness and fitness not only for commerce, but also for the peace, dignity and safety of the Citizens of Jeffersonville; WHEREAS, the City of Jeffersonville has the authority pursuant to Indiana law to develop business regulation ordinances, establish business standards that are promulgated for the purpose of providing for the public health, safety and welfare; WHEREAS, the Common Council desires to repeal Ordinance No. 2011 -OR -70 entitled, "Transient Merchants and Door -to -Door Solicitation and replace said ordinance with the following; WHEREAS the Common Council wish to Amend Chapter 116 of the Business Regulations Title of the Jeffersonville Code of Ordinances to the following: Section 1. DEFINITIONS. For the purposes of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning g (1) Noncommercial door -to -door advocate. A person who goes door -to -door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purpose of this article, the term door -to -door advocate shall fall under the term solicitor and include door -to- door canvassing and pamphleteering intended for non - commercial purposes. fi (2) Peddler. A person who goes from house to house, door to door, business to business, street to street, or any other type of place to place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, other personal property, or services that the person is carrying or otherwise transporting. (3) Person. Any natural individual, group, organization, corporation, partnership, or similar association. r t 1 (4) Professional fundraiser. Any person, including a corporation or other entity, who, for compensation, performs any solicitations or other services for a religious, political, social, or other charitable organization. t i t (5) Solicitor. A person who goes from house to house, door to door, business to business, street to street, or any other type of place to place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. f The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. For u oses of this article, the term solicitor shall have the same meaning as the term p � � g canvasser. (6) Transient merchant. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty storefront for the purpose of exposing or displaying for sale, selling or attempting to sell, and /or delivering goods, wares, products, merchandise, or t other personal property and who does not remain in any one location for more than 14 t consecutive days. (7) Exceptions to definitions. The definitions in paragraphs 1 -6 above shall not include: (a) An Auctioneer who is licensed under I.C. 25 -6.1; f (b) A resident of the county in which the sale takes place who conducts a sale of tangible personal property for no more than four (4) days per calendar year; (c) A person who organizes, sells merchandise, offers to sell merchandise, or exhibits at a trade show, public show, or convention; 1 (d) A person who holds a registered retail merchant's certificate under I.C. 6- 2.5 -8; I (e) Any person, individual, copartner, or corporation which grows, including products from beekeeping, the goods, wares, or merchandise which he sells or offers for sale; (0 Any person who makes crafts or items by hand and sells them or offers them for sale; (g) An organization that is exempt from the state gloss retail tax under I.C. 6- 2,5 -5 -26, a public or private school operating in. Clark or Floyd County, Indiana, or any charitable, educational, or religious organizations which have their principal place of activity in the city, or a person who sells or offers to sell merchandise as part of an activity sponsored by such an organization. (h) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler. t (i) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route of perishable food and dairy products or any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route. (j) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large. i k f (k) Any officer of the court conducting a court- ordered sale. Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with an other applicable statutory provision or requirement provided b p any pp rY p q P by this or any other city ordinance. Section 2. WRITTEN PERMISSION REQUIRED TO SOLICIT DONATIONS ON PUBLIC STREETS. It shall be unlawful for any person firm corporation or association to solicit funds or anything of value on the public streets of the city without first having obtained written permission of the Board of Public Works and Safety. The Jeffersonville Fire Department is the only group exempted from this provision. Section 3. ENTRANCE TO PREMISES RESTRICTED. It shall be unlawful for any noncommercial door -to -door advocate, peddler, professional fundraiser, solicitor, or person to enter upon private premises for the purpose of conducting any activity regulated by this ordinance when the same are posted with a sign stating No Peddlers Allowed, or No Solicitations Allowed, or other words to such effect. A violation of this section shall be deemed a punishable violation. Section 4. REFUSAL TO LEAVE PREMISES. It shall be unlawful for any noncommercial door -to -door advocate, peddler, professional fundraiser, solicitor, or person to enter upon premises owned, leased, or rented by another and refuse to leave such premises after having been notified by the owner or occupant of such premises, or his agent, to leave the same and not return to such. Section 5. MISREPRESENTATION OF GOODS WARES MERCHANDISE SERVICES OR PURPOSE. It shall be unlawful for any noncommercial door -to -door advocate, peddler, professional fundraiser, solicitor, transient merchant, or person to make false or fraudulent statements concerning the quality or nature of his/her goods, wares, merchandise, services, purpose, or organization for the purpose of inducing another to purchase the same or make a contribution. Section 6. HOURS OF OPERATION. It shall be unlawful for any noncommercial door -to -door advocate, peddler, professional fundraiser, solicitor, or person to engage in his /her door to door soliciting within the city on Sunday or before 9am or after 6pm on Monday through Saturday. LICENSING Section 7. LICENSE REQUIRED. It shall be unlawful for any peddler, professional fundraiser, solicitor, or person to engage in door to door soliciting within the city without first obtaining a license to do so. Section 8. LICENSE APPLICATION. The application for a license required by this ordinance shall: (A) State the name, local and permanent address, telephone number and social security number of the applicant. (B) Have a copy of the valid vehicle registration, including vehicle identification number, of any vehicle the applicant will use while performing any activity covered under this ordinance. (C) Contain a statement as to whether or not the applicant has been convicted of any felony, misdemeanor, or violation of any state or federal law; the nature of the offense; the punishment or penalty assessed therefore, if previously convicted; and the date and place of conviction (D) State whether the applicant upon any sale, order, or request for contribution, shall demand, accept, or receive payment, or deposit, of money in advance of final delivery. (E) State the date range the applicant wishes to engage in door to door solicitation within the city. (F) State the local and permanent address of the applicant. (G) State the name and the local and permanent address(es) of the person, business, organization, or the like that the applicant represents. (H) State the kind of goods, wares, merchandise, services, or contributions the applicant wishes to engage the residents of the city by soliciting door to door. (I) State the last five 5 cities or towns wherein the applicant has worked door to door prior coming to this city. (J) State such other relevant information as may be required for the investigation of the applicant. (K) Said application shall be presented to the Jeffersonville Police Department. A. person or organization listed m. Section 1.7 of this chapter shall be exempt from the licensing application and fee required by this chapter. Any person or organization exempt under Section 1.7 shall nonetheless be required to provide evidence that they are exempt from the license required by this chapter and personal identification when requested by a police officer or other authorized city official or by the person being requested to purchase goods or services Section 9. VALID GOVERNMENT ISSUED PHOTO IDENTIFICATION TO BE PRESENTED AT FILING OF APPLICATION. At the time of filing an application for a license under this ordinance, the applicant shall present his/her valid, government- issued Operator's License or, if he /she has no state issued Operator's license, valid, government- issued photo identification, for copying and attachment with said application. No person shall be eligible for a door -to -door license under this ordinance without presenting a valid, government- issued Operator's license or photo identification at the time of the application. Section 10. PHOTOGRAPHS. At the time of making application for a license required by this ordinance the applicant shall submit to photographing for purposes of the license applied for under this ordinance. Section 11. LICENSE FEE. At the time of making an application under this ordinance the applicant shall pay to the Jeffersonville Police Department a non-refundable license fee based upon the duration he /she desires to engage in door to door solicitation in the city as follows: Duration Fee Per month $100.00 Per three months $200.00 Per six months $300.00 Per twelve months $500.00 Acceptable forms of payment are money orders, payable to the City of Jeffersonville, and cash. Section 12. BOND REQUIRED. The application for a license required by the provisions of this ordinance by an applicant engaging in door to door solicitations for the sale of goods wares merchandise services or the like shall provide a bond in the penal sum of $5000.00 signed by the applicant and a partner, principal or corporate officer of the company being represented by the applicant, and signed as surety by some surety company authorized to do business is this state conditioned for the final deliver of goods wares merchandise or services in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of such bond at the time of delivery and that may be discovered by such purchaser or customer within 30 days after delivery and which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond or to an agent or employee of such principal. Section 13. BACKGROUND CHECK Upon receipt of the complete application, including all attachments and bond, the Jeffersonville Police Department shall conduct an investigation into the criminal record, driving record, business reputation and personal character of the applicant and the company represented by the applicant. The Jeffersonville Police Department shall, as part of its background investigation, request a criminal history and driving record of the applicant through a third -party vendor. The applicant shall pay a separate, non - refundable background check fee of $100.00 to the Jeffersonville Police Department as reimbursement for the third -party criminal and driving } history check. Acceptable forms of payment are money orders, payable to the City of Jeffersonville, and cash. The Jeffersonville Police Department shall complete the processing of the application and submit its findings to the Jeffersonville Board of Public Works and Safety within thirty calendar days of receipt of the application. Section 14. ACTION ON APPLICATION BY BOARD OF PUBLIC WORKS Upon receipt of the application and the findings of the background investigation conducted by the Jeffersonville Police Department, the Jeffersonville Board of Public Works shall, at its next regularly scheduled meeting, approve or deny the application. In making its decision the Jeffersonville Board of Public Works may consider all relevant factors relating to the general and business reputation, past performance, criminal and driving record, or any other factor of the applicant and/or the business the applicant represents in order to protect the safety, health and welfare of the citizens of the City of Jeffersonville. Section 15. SERVICE OF PROCESS. Before any license shall be issued to any person under this chapter there shall also be filed with the application an instrument in writing, signed by the applicant for the license under oath, nominating and appointing a resident of Indiana as his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of such applicant. The written instrument must include the name and address of the agent. The service of summons in any action brought upon the applicant's bond shall be deemed made when served on the agent. Section 16. ISSUANCE OF LICENSE FORM AND CONTENT OF LICENSE. No license shall be issued by the Jeffersonville Police Department under the provisions of this chapter until the applicant shall have complied with all relevant provisions and requirements of this ordinance. The License shall be of the approximate size of a credit card and shall contain in some form the picture of the applicant the applicant name the name of the group organization business or the like that the applicant represents the words Door to Door Solicitor License the beginning and } expiration date of the license and City of Jeffersonville Indiana. Section 17. LIMITATION ON ISSUANCE. No license shall be issued to a corporation, partnership, or other impersonal legal entity rather to } each individual person engaging in door to door solicitation within the city whether acting for himself or as an agent or representative of another. No license issued to an applicant shall be transferred to any person other than the person to whom the license was issued. It is a violation of the license for the applicant to purvey or offer to purvey anything other than the goods, wares, merchandise, services, or contributions listed in the application. Section 18. DISPLAY OF LICENSE. Every person having a license issued under this ordinance shall display said license either on a lanyard worn around their neck or attached by clip to the front of his/her shirt at approximate shoulder height. Section 19. TERM OF LICENSE. Every license issued under the provisions of this ordinance shall be issued to the applicant, is non- transferrable and shall be valid for the period of time stated there but in no event shall any such license be issued for a period of time in excess of 12 months. Section 20. LICENSE SUSPENSION AND REVOCATION. fi Any license issued under this ordinance may be suspended for a period of not more than ten (10) days by the Chief of Police, or his designee, if after investigation and review the Chief of Police determines probable cause exists that a violation of the provisions of this ordinance has occurred. Immediately after suspending a license issued under this ordinance, the Chief of Police, or his designee, shall refer the matter to the Jeffersonville Board of Public Works and Safety which shall either remove the suspension or revoke the license at its next regularly scheduled meeting. Any license issued under this ordinance may be revoked by the Jeffersonville Board of Public Works and Safety for a violation by the licensee of any applicable provisions of this ordinance, any state law, or city ordinance or code. Upon such revocation such license shall be immediately surrendered to the Jeffersonville Police Department. aF Section 21. PENALTY. Any individual found in violation of any provision of this article shall be subject to the penalty provisions of the Jeffersonville Code of Ordinances §10.99. Each act in violation of this article shall constitute a separate punishable violation. 1 - 1 , , 1 1 Section 22. SEVERABILITY. If any provision of this article is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. , , This Ordinance shall be in full force and effect 90 days after its passage and eiblication. i i Voted or , Vot - d ; gainst: 1 , ad ik ■ , ir7,740mm74,4,- Aim • ! — --- -onieml i T i Vr , ___, _AIL41L1_/ Ai Ar ilir --Aft,. AstrA111111111 _...........m... .. ; i 1 1 4444 4-elie-o-' ; ; , 414 - 6/I i t i I I , i 1 ; , i Passed and adopted on this i 7 day of .L...J.: _, A &I , 2012. $ $ , i , , At. .......... 1 Ed Zastwany, P $ -sident $ $ $ , i Vicki Conlin, Clerk 1 4 j Presented by e, Vic. i Conli , Clerk, to the Mayor of Jeffersonville at .i m. on this ) day of 4__: Alf .4ALL.z_ 1 12. I I I I , , , e xiejeze , 1 , , 4 1 Vicki Conlin Clerk i i 1 This ordinance signed and approved by Mike Moore, Ma er ofJeffers t, ville at r 1 t m. on this day of I , 2112. , , w" e , , , _ .,,,.....,.. , 1 Mike Moore, Mayor I i ; ; , !- 1 i