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HomeMy WebLinkAboutOrdinance 5593ORDINANCE NO.5593 AN ORDINANCE TO ENACT §116.02 DOOR TO DOOR SOLICITATION REGULATIONS FOR PRIVATE RESIDENCES INTO THE FAYETTEVILLE CODE WHEREAS, some citizens have been inconvenienced and disturbed by unknown and not properly identified vendors and peddlers coming to their private residences to sell goods or request donations; and WHEREAS, commercial vendors and peddlers who wish to sell door to door in Fayetteville should be regulated to ensure these vendors have proper identification and will abide by all restrictions as to the when and where such vending will be allowed; and WHEREAS, persons who wish to express religious and political beliefs have First Amendment Free Speech rights which cannot be impinged by the City and thus may not be prohibited from going door to door to exercise their First Amendment rights. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 116.02 Door to door solicitation at private residences of the Fayetteville Code as shown in Exhibit A attached hereto and made a part hereof. PASSED and APPROVED this 2nd day of July, 2013. APPROVED: ATTEST: By: ON SONDRA E. SMITH, City Clerk/Treasw Sv •. T v n �AYETTEVIj Exhibit A 116.02 — Door to Door Solicitation at Private Residence (A) Definitions. The following words, terms and ..no soliciting/no peddling." This decal may phrases and their derivations, when used in be posted at the front of the any private this section, shall have the meanings residence in the city and by posting said ascribed to them in the section, except notification, any solicitor or peddler has where the context clearly indicates a notice that soliciting or peddling at this different meaning: address is prohibited by city ordinance. A resident may also post a "no soliciting' sign (1) Charitable activity means any activity pursuant to §116.01. carried on for unselfish, civic or humanitarian motives or for the benefit (C) Principal permit. No peddling or solicitation of others and not for private gain. shall be conducted within the city without a principal permit being issued. The cost for (2) Charitable organization means a non- the principal to obtain a solicitor/peddler's profit organization holding a tax permit is $40.00, and shall be paid to the exemption certificate from the Internal business office before any peddling or Revenue Service pursuant to § 501 at soliciting is conducted within the city. The seq., and any amendments thereto. permit shall expire on December 31 in the year the permit is issued. In addition to the (3) Peddler means any person who goes to principal's permit, the principal must also the door of any private residence in the comply with the city's business license city, not having been invited by the requirement pursuant to Chapter 118: occupant thereof, carrying or Business Registry and License of the transporting goods, wares, merchandise Fayetteville Code. To obtain a permit, a or personal property of any nature and representative of the principal shall provide a offering the same for sale.. written, signed application stating: (4) Solicitor means any person who goes to (1) The name, address, telephone number, the door of any private residence in the type of organization, and contact person city, not having been invited by the for the principal applicant; occupant thereof, for the purpose of taking or intending to take orders for the (2) The nature of the products or services sale of goods, magazines, wares, involved; merchandise or other personal property of any nature for future delivery, or for (3) The proposed method of operation in services to be performed in the future. the city; A representative or employee of a newspaper of general circulation in (4) A list of all persons who will peddle or Fayetteville may leave a sample current solicit in the city on behalf of the copy of the newspaper with subscription principal in the city. information near the door of a private residence without being a "solicitor" as (D) Permit for peddlers/solicitors. In addition to long as the representative/employee the principal permit, each peddler or solicitor makes no efforts at that time to contact acting for the principal shall also obtain a or speak with the resident. permit from the Planning Department before peddling or soliciting within the city. The (5) Principal means the person or other cost to obtain a peddler/solicitor permit is legal entity whose goods, merchandise, $5.00. In applying for the permit, each personal property or services are being applicant shall provide the following to the peddled or solicited. Planning Department: (B) Obtaining "no soliciting/no peddling" decal or (1) The name of the principal applicant for sign. The Planning Department shall provide whom they are going to act as a peddler any resident of the city a decal which reads, or solicitor; (2) The name, address, and telephone number of the person who is going to act as a peddler or solicitor, and in addition, they must also provide photo identification; (3) A signed statement under oath that the person applying to be a peddler/solicitor has not been convicted of felonies or any misdemeanors involving theft, sexual offenses, or violence; (4) A criminal background check from the Arkansas State Police and from the State Police of the State which issued the Drivers License of the applicant which shows that peddler or solicitor has not, within the preceding five years, been convicted of any felonies, or any misdemeanors involving theft, sexual offense or violence, nor has been incarcerated in prison at any time during the last five years. No person shall be issued a permit as a peddler or solicitor that has been convicted of any of the offenses set out above nor in prison during the last five years. (E) Prohibition. It is unlawful for any solicitor or peddler to: (1) Peddle or solicit within the city without having a copy of this section on their person, as well as a copy of their permit issued by the Planning Development, as well as photo identification visible, which is provided by the principal, identifying the person peddling or soliciting; (2) Enter upon any private residence, knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence when the premises' owner or tenant has posted at the entry of the residence a decal or sign bearing the words, "no soliciting/no peddling," "no peddlers,' ..no solicitors;' ..no trespassing," or other words of similar import; (3) Conduct the activities of peddler or solicitor and knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence between the hours of 9:00 p.m. and 10:00 a.m; (4) Remain at the private residence when requested to leave, or to otherwise conduct business in a manner which a reasonable person would find obscene, threatening, intimidating or abusive; (5) Make any false or misleading statements about the product or service being sold, including untrue statements of endorsement; (6) Claim to have the endorsement of the city based on the city having issued a permit to that person; (7) Fail to disclose his or her name and the name of the principal whom he represents at the outset of the initial conversation; (8) Fail to immediately leave the premises or residence after having been asked by the owner or occupant thereof to do so. (F) Penalty. Any violation of this section shall be deemed a nuisance and punishable by a fine as provided by §10.99 of the Fayetteville Code. (G) Exemptions. Officers or employees of the City, County, State or Federal government, or any subdivision thereof shall be exempt for the requirements of this section when on official business. (H) Free permits for nonprofit corporations not seeking donations. After supplying adequate proof to the Planning Department that the nonprofit charitable organization is a charily with a current §501 (c)(3) IRS exception, the Planning Department may issue the permits required by this section without charge to the persons desiring to exercise their free speech rights as long as no solicitations for donations are made and no donations accepted. (i) Permits waived for political and religious free speech and for Fayetteville children through high school senior status. (1) Although everyone going door to door must respect and not go to the door of a citizen who has personally posted a "no solicitation" type sign, may only go door to door during the daytime/evening hours allowed in (E)(3), and must conform to the requirements of (E)(4), (E)(6), (E)(8), persons exercising their First Amendment political or religious free speech rights are otherwise exempted from this section. (2) Fayetteville children through high school senior status must abide by the restrictions found in (E)(2)(3)(4) and (8) but are otherwise exempt from the remainder of this section. (J) Revocation of permit. Any permit issued pursuant to the provision of this section may be suspended or revoked for good cause by the Director of Development Services. Good cause for such suspension or revocation shall include any violation of this section, or any other reason for suspensions or revocation as set out in §118.03 of the Fayetteville Code and said violations are hereby incorporated herein by reference. The procedure for suspension or revocation under this section shall be the same procedure as set out in §118.03 of the Fayetteville Code and said procedure is hereby incorporated herein by reference. AGENDA REQUEST FOR: COUNCIL MEETING OF June 18, 2013 FROM: ALDERMAN JUSTIN TENNANT ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance to enact §116.02 Door to door solicitation at private residences of the Fayetteville Code APPROVED FOR AGENDA:. AldWrmaVijustin Tennant City Attorn y Kit Williams Date Date ORDINANCE NO. AN ORDINANCE TO ENACT §116.02 DOOR TO DOOR SOLICITATION REGULATIONS FOR PRIVATE RESIDENCES INTO THE FAYETTEVILLE CODE WHEREAS, some citizens have been inconvenienced and disturbed by unknown and not properly identified vendors and peddlers coming to their private residences to sell goods or request donations; and WHEREAS, commercial vendors and peddlers who wish to sell door to door in Fayetteville should be regulated to ensure these vendors have proper identification and will abide by all restrictions as to the when and where such vending will be allowed; and WHEREAS, persons who wish to express religious and political beliefs have First Amendment Free Speech rights which cannot be impinged by the City and thus may not be prohibited from going door to door to exercise their First Amendment rights. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby enacts § 116.02 Door to door solicitation at private residences of the Fayetteville Code as shown in Exhibit A attached hereto and made a part hereof. PASSED and APPROVED this 2d day of July, 2013. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer Exhibit A 116.02 — Door to Door Solicitation at Private Residence (A) Definitions. The following words, terms and ..no soliciting/no peddling." This decal may phrases and their derivations, when used in be posted at the front of the any private this section, shall have the meanings residence in the city and by posting said ascribed to them in the section, except notification, any solicitor or peddler has where the context clearly indicates a notice that soliciting or peddling at this different meaning: address is prohibited by city ordinance. A resident may also post a "no soliciting" sign (1) Charitable activity means any activity pursuant to §116,01. carried on for unselfish, civic or humanitarian motives or for the benefit (C) Principal permit. No peddling or solicitation of others and not for private gain. shall be conducted within the city without a principal permit being issued. The cost for (2) Charitable organization means a non- the principal to obtain a solicitor/peddler's profit organization holding a tax permit is $40.00, and shall be paid to the exemption certificate from the Internal business office before any peddling or Revenue Service pursuant to § 501 at soliciting is conducted within the city. The seq., and any amendments thereto. permit shall expire on December 31 in the year the permit is issued. In addition to the (3) Peddler means any person who goes to principal's permit, the principal must also the door of any private residence in the comply with the city's business license city, not having been invited by the requirement pursuant to Chapter 118: occupant thereof, carrying or Business Registry and License of the transporting goods, wares, merchandise Fayetteville Code. To obtain a permit, a or personal property of any nature and representative of the principal shall provide a offering the same for sale.. written, signed application stating: (4) Solicitor means any person who goes to (1) The name, address, telephone number, the door of any private residence in the type of organization, and contact person city, not having been invited by the for the principal applicant; occupant thereof, for the purpose of taking or intending to take orders for the (2) The nature of the products or services sale of goods, magazines, wares, involved; merchandise or other personal property of any nature for future delivery, or for (3) The proposed method of operation in services to be performed in the future. the city; A representative or employee of a newspaper of general circulation in (4) A list of all persons who will peddle or Fayetteville may leave a sample current solicit in the city on behalf of the copy of the newspaper with subscription principal in the city. information near the door of a private residence without being a "solicitor' as (D) Permit for peddlers/solicitors. In addition to long as the representative/employee the principal permit, each peddler or solicitor makes no efforts at that time to contact acting for the principal shalt also obtain a or speak with the resident. permit from the Planning Department before peddling or soliciting within the city. The (5) Principal means the person or other cost to obtain a peddler/solicitor permit is legal entity whose goods, merchandise, $5.00. In applying for the permit, each personal property or services are being applicant shall provide the following to the peddled or solicited. Planning Department: (B) Obtaining no soliciting/no peddling" decal or (1) The name of the principal applicant for sign. The Planning Department shall provide whom they are going to act as a peddler any resident of the city a decal which reads, or solicitor; (2) The name, address, and telephone number of the person who is going to act as a peddler or solicitor, and in addition, they must also provide photo identification; (3) A signed statement under oath that the person applying to be a peddler/solicitor has not been convicted of felonies or any misdemeanors involving theft, sexual offenses, or violence; (4) A criminal background check from the Arkansas State Police and from the State Police of the State which issued the Driver's License of the applicant which shows that peddler or solicitor has not, within the preceding five years, been convicted of any felonies, or any misdemeanors involving theft, sexual offense or violence, nor has been incarcerated in prison at any time during the last five years. No person shall be issued a permit as a peddler or solicitor that has been convicted of any of the offenses set out above nor in prison during the last five years. (E) Prohibition. It is unlawful for any solicitor or peddler to: (1) Peddle or solicit within the city without having a copy of this section on their person, as well as a copy of their permit issued by the Planning Development, as well as photo identification visible, which is provided by the principal, identifying the person peddling or soliciting; (2) Enter upon any private residence, knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence when the premises' owner or tenant has posted at the entry of the residence a decal or sign bearing the words, "no soliciting/no peddling," "no peddlers," .,no solicitors," ..no trespassing," or other words of similar import; (3) Conduct the activities of peddler or solicitor and knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence between the hours of 9:00 p.m. and 10:00 a.m; (4) Remain at the private residence when requested to leave, or to otherwise conduct business in a manner which a reasonable person would find obscene, threatening, intimidating or abusive; (5) Make any false or misleading statements about the product or service being sold, including untrue statements of endorsement; (6) Claim to have the endorsement of the city based on the city having issued a permit to that person; (7) Fail to disclose his or her name and the name of the principal whom he represents at the outset of the initial conversation; (8) Fail to immediately leave the premises or residence after having been asked by the owner or occupant thereof to do so. (F) Penalty. Any violation of this section shall be deemed a nuisance and punishable by a fine as provided by §10.99 of the Fayetteville Code. (G) Exemptions. Officers or employees of the City, County, State or Federal government, or any subdivision thereof shall be exempt for the requirements of this section when on official business. (H) Free permits for nonprofit corporations not seeking donations. (1) After supplying adequate proof to the Planning Department that the nonprofit charitable organization is a charity with a current §501 (c)(3) IRS exception, the Planning Department may issue the permits required by this section without charge to the persons desiring to exercise their free speech rights as long as no solicitations for donations are made and no donations accepted. (1) Permits waived for political and religious free speech and for Girl Scouts. (1) Although everyone going door to door must respect and not go to the door of a citizen who has personally posted a "no solicitation" type sign, may only go door to door during the daytime/evening hours allowed in (E)(3), and must conform to the requirements of (E)(4), (E)(6), (E)(8), persons exercising their First Amendment political or religious free speech rights are otherwise exempted from this section. (2) The Girl Scouts of America must abide by the restrictions found in (E)(2)(3)(4) and (8) but are otherwise exempt from the remainder of this section during their Girl Scout cookie door to door sale drive as long as they have on their Girl Scout uniforms or other proper Identification as Girl Scouts. (J) Revocation of permit. Any permit issued pursuant to the provision of this section may be suspended or revoked fog good cause by the Director of Development Services. Good cause for such suspension or revocation shall include any violation of this section, or any other reason for suspensions or revocation as set out in §118.03 of the Fayetteville Code and said violations are hereby Incorporated herein by reference. The procedure for suspension or revocation under this section shall be the same procedure as set out in §118.03 of the Fayetteville Code and said procedure is hereby incorporated herein by reference. FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS CHAPTER 116: DOOR TO DOOR SOLICITATION 116.01 Going Upon Private Residential Property (A) No solicitor or vendor shall enter in or upon any house, building, or other structure upon any land or property without the prior consent of the owner or occupant thereof where there is placed or posted on the premises in a conspicuous position, at or near the usual means of ingress, a sign or other form of notice slating or indicating that the owneror occupant forbids or otherwise does not desire persons engaged in soliciting or any similar activity to enter upon the premises. (B) The provisions of this section shall not apply to the sale or soliciting of orders for the sale of fruits, vegetables, or other products of the farm, including meat from domestic animals or livestock, so far as the sale of such commodities is authorized by law. (Code 1965, §13-10; Ord. No. 1390, 4-13-64; Ord. No. 1987, 2- 15-74; Code 1991, §116.01) Cross reference(s)--Vending and peddling in parks, §97.086; Soliciting from public roadways or sidewalks prohibited, §74.05; Advertising, Ch. 110; Penalty, §10.99; Stale law ref.: Transient Vendors §14-54-1407. 116.02-116.99 Reserved CD116:3 Qk m W Oj �M-p Jv�lu Zi 2bi5 ( C6lLnC�l h(1�'� ]. "Ville Departmental Correspondence PRANSAS Kit Williams City Attorney Jason B. Kelley Assistant City Attorney TO: Alderman Justin Tennant FROM: Kit Williams, City Attorney �(J DATE: June 19, 2013 RE: Waiving Permits for Fayetteville School Children Please see attached a proposed revision of §116.02 (I) which would waive permit requirements for all Fayetteville children through high school senior status in place of the more limited girl scout waiver. All girl scouts would probably be included in this school age children waiver so the girl scouts would not be adversely affected by this proposed change. We could be attacked by limiting this waiver to "Fayetteville' children rather than all children on interstate commerce grounds. However, I believe using children for interstate commerce is inherently suspicious and questionable. Federal law already singles out minors transported across state lines for improper purposes as a problem. Thus, I think we would have good faith arguments why only local children should receive the waiver of a permit for door to door solicitation. I would doubt that any out of state peddler/solicitor would want to sue us over this. Please let me know what you think about this change to (I)(2). Exhibit A 116.02 - Door to Door Solicitation at Private Residence (A) Definitions. The following words, terms and "no soliciting/no peddling." This decal may phrases and their derivations, when used in be posted at the front of the any private this section, shall have the meanings residence in the city and by posting said ascribed to them in the section, except notification, any solicitor or peddler has where the context clearly indicates a notice that soliciting or peddling at this different meaning: address is prohibited by city ordinance. A resident may also post a "no soliciting" sign (1) Charitable activity means any activity pursuant to §116.01. carried on for unselfish, civic or humanitarian motives or for the benefit (C) Principal permit. No peddling or solicitation of others and not for private gain. shall be conducted within the city without a principal permit being issued. The cost for (2) Charitable organization means a non- the principal to obtain a solicitor/peddler's profit organization holding a tax permit is $40.00, and shall be paid to the exemption certificate from the Internal business office before any peddling or Revenue Service pursuant to § 601 et soliciting is conducted within the city. The seq., and any amendments thereto. permit shall expire on December 31 In the year the permit is issued. In addition to the (3) Peddler means any person who goes to principal's permit, the principal must also the door of any private residence in the comply with the city's business license city, not having been invited by the requirement pursuant to Chapter 118: occupant thereof, carrying or Business Registry and License of the transporting goods, wares, merchandise Fayetteville Code. To obtain a permit, a or personal property of any nature and representative of the principal shall provide a offering the same for sale.. written, signed application stating: (4) Solicitor means any person who goes to (1) The name, address, telephone number, the door of any private residence in the type of organization, and contact person city, not having been invited by the for the principal applicant; occupant thereof, for the purpose of taking or intending to take orders for the (2) The nature of the products or services sale of goods, magazines, wares, involved; merchandise or other personal properly of any nature for future delivery, or for (3) The proposed method of operation in services to be performed in the future. the city; A representative or employee of a newspaper of general circulation in (4) A list of all persons who will peddle or Fayetteville may leave a sample current solicit in the city on behalf of the copy of the newspaper with subscription principal in the city. information near the door of a private residence without being a "solicitor" as (D) Permit for peddlers/solicitors. In addition to long as the representative/employee the principal permit, each peddler or solicitor makes no efforts at that time to contact acting for the principal shall also obtain a or speak with the resident. permit from the Planning Department before peddling or soliciting within the city. The (5) Principal means the person or other cost to obtain a peddler/solicitor permit is legal entity whose goods, merchandise, $5.00. In applying for the permit, each personal property or services are being applicant shall provide the following to the peddled or solicited. Planning Department: (B) Obtaining no soliciting/no peddling" decal or (1) The name of the principal applicant for sign. The Planning Department shall provide whom they are going to act as a peddler any resident of the city a decal which reads, or solicitor; (2) The name, address, and telephone number of the person who is going to act as a peddler or solicitor, and in addition, they must also provide photo identification; (3) A signed statement under oath that the person applying to be a peddler/solicitor has not been convicted of felonies or any misdemeanors involving theft, sexual offenses, or violence; (4) A criminal background check from the Arkansas State Police and from the State Police of the State which issued the Driver's License of the applicant which shows that peddler or solicitor has not, within the preceding five years, been convicted of any felonies, or any misdemeanors involving theft, sexual offense or violence, nor has been incarcerated in prison at any time during the last five years. No person shall be issued a permit as a peddler or solicitor that has been convicted of any of the offenses set out above nor in prison during the last five years. (E) Prohibition. It is unlawful for any solicitor or peddler to: (1) Peddle or solicit within the city without having a copy of this section on their person, as well as a copy of their permit issued by the Planning Development, as well as photo identification visible, which is provided by the principal, identifying the person peddling or soliciting; (2) Enter upon any private residence, knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence when the premises' owner or tenant has posted at the entry of the residence a decal or sign bearing the words, "no soliciting/no peddling," "no peddlers," ..no solicitors," "no trespassing," or other words of similar import; (3) Conduct the activities of peddler or solicitor and knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence between the hours of 9:00 p.m. and 10:00 a.m; (4) Remain at the private residence when requested to leave, or to otherwise conduct business in a manner which a reasonable person would find obscene, threatening, intimidating or abusive; (5) Make any false or misleading statements about the product or service being sold, including untrue statements of endorsement; (6) Claim to have the endorsement of the city based on the city having issued a permit to that person; (7) Fail to disclose his or her name and the name of the principal whom he represents at the outset of the initial conversation; (8) Fail to immediately leave the premises or residence after having been asked by the owner or occupant thereof to do so. (F) Penalty. Any violation of this section shall be deemed a nuisance and punishable by a fine as provided by §10.99 of the Fayetteville Code. (G) Exemptions. Officers or employees of the City, County, State or Federal government, or any subdivision thereof shall be exempt for the requirements of this section when on official business. (H) Free permits for nonprofit corporations not seeking donations. After supplying adequate proof to the Planning Department that the nonprofit charitable organization is a charity with a current §501 (c)(3) IRS exception, the Planning Department may issue the permits required by this section without charge to the persons desiring to exercise their free speech rights as long as no solicitations for donations are made and no donations accepted. (1) Permits waived for political and religious free speech and for Fayetteville children through high school senior status. (1) Although everyone going door to door must respect and not go to the door of a citizen who has personally posted a "no solicitation" type sign, may only go door to door during the daytime/evening hours allowed in (E)(3), and must conform to the requirements of (E)(4), (E)(6), (E)(8), persons exercising their First Amendment political or religious free speech rights are otherwise exempted from this section. (2) Fayetteville children through high school senior status must abide by the restrictions found in (E)(2)(3)(4) and (8) but are otherwise exempt from the remainder of this section. (J) Revocation of permit. Any permit issued pursuant to the provision of this section may be suspended or revoked for good cause by the Director of Development Services. Good cause for such suspension or revocation shall include any violation of this section, or any other reason for suspensions or revocation as set out in §118.03 of the Fayetteville Code and said violations are hereby incorporated herein by reference. The procedure for suspension or revocation under this section shall be the same procedure as set out in §118.03 of the Fayetteville Code and said procedure is hereby incorporated herein by reference. tom" r1 00tin fn 0.,z Departmental Correspondence TO: Alderman Justin Tennant i FROM: Kit Williams, City Attorney 4, DATE: June 19, 2013 RE: Waiving Permits for Fayetteville School Children dL Kit Williams City Attorney Jason B. Kelley Assistant City Attorney Please see attached a proposed revision of §116.02 (I) which would waive permit requirements for all Fayetteville children through high school senior status in place of the more limited girl scout waiver. All girl scouts would probably be included in this school age children waiver so the girl scouts would not be adversely affected by this proposed change. We could be attacked by limiting this waiver to "Fayetteville' children rather than all children on interstate commerce grounds. However, I believe using children for interstate commerce is inherently suspicious and questionable. Federal law already singles out minors transported across state lines for improper purposes as a problem. Thus, I think we would have good faith arguments why only local children should receive the waiver of a permit for door to door solicitation. I would doubt that any out of state peddler/solicitor would want to sue us over this. Please let me know what you think about this change to (I)(2). issued by the Planning Deve[opment, as charitable ergan¢aoon .s a wu,a a currant §Gal (r.)(3) IRS exception, the well as photo identification visible, which is provided by the principal, identifying planning Depanment may issue the permits required by (his section without the person peddling or solieifing; charge to the persons desiring to Enter upon any private residence, knock exercise their free spcoch rights as long (2) on the door, ring the doorbefi. or as no solicitations for donations are made and no donations accepted. otherwise attempt to gain admittance al the residence when the premises' owner Permits waived for political and religious free tenant has al the entry of the O and for Fayetteville children through y residence a decal or sign bearing the re decal speech sP high school senior status. words, 'n❑ solicit3ngfno peddling..no peddlers.' 'no solicitors' `no trespassing,' or other words of similar 11) Although everyone going door to door and not go to the door of a import; must respect ollizen who has personally posed a *no (3) Conduct the activities of peddler or solicitation, type sign, may only go door door during the daytimelevening solicitor and knock an the door, nog the to hours allowed in (F)(3), and must doorbell, or otherwise attempt to gain to Ilse requirements of (E)(4), admicurs al the residence ba confu7m E 6 L ergons exorcising their (rs 1• ( P m: lase hours of 8.00 p-m. and t0:00 a m; First Amendment political or religious end (4) Remain at the private residence when free speech rights arc otherwise exempted from Ihis section. requested to leave, or to otherwise conduct business in a manner which a (2) Fayetteville children through high school reasonable person would find obscene, senior status must abide by the threatening, intimidating or abusive; restrictions found in (E)(2)(3)(4) and (8) but are otherwise exempt from the remainder of this section. Of Revocation of permil. Any permit issued pursuant to the provislon of this section may be suspended or revoked for good cause by the Director of Development Services. Good cause for such suspension or revocation shall indude any violation of this section, or any other reason for suspensions or revocation as set out In §118.011 of the Fayetteville Code and said viotalions are hereby incorporated herein by reference. The procedure for suspension or revocation under this section shall be the same procedure as set out In §118.03 of the Fayetteville Code and said procedure is hereby incorporated herein by reference. i�4 I'd Departmental Correspondence RHANSA TO: Mayor Jordan City Council FROM: Kit Williams, City Attorne41 DATE: June 18, 2013 RE: Changes Newspaper Kit Williams CityAlmrney Jason B. Kellcy Assistant City Attorney To Door To Door Solicitation Ordinance Proposed By I met yesterday with the Northwest Arkansas Times/Arkansas Democrat Gazette publisher and other staff who proposed a couple of changes to Alderman Tennant's Ordinance regulating Door -to -Door Solicitations. The first change would be within the definition of "Solicitor' to exclude their newspaper carriers from such definition so that a carrier could leave a sample newspaper in the very early morning when delivering other newspapers as long as the carrier "makes no effort at that time to contact or speak with the resident." I believe this has been a long running policy of the newspaper to obtain new subscribers by offering a free sample without disturbing a homeowner. I am not aware of any complaints or problems with this policy and so prepared wording in the definition of "Solicitor" excluding such activity from regulated solicitation. Such exclusion would not authorize businesses to place door hangers to promote their businesses, offer discounts, etc. The second change is on the next page under (D) Permit for peddlers/solicitor. Subsection (4) which requires a criminal background check is proposed for two changes. First the applicant would also have to show background check from the state which issued the applicant's drivers license as well as for Arkansas which should provide additional criminal background information. The second change would place a five year look back period for felonies and the prohibited misdemeanors and include a prohibition for someone who had been incarcerated in prison within the last five years (regardless when their felony was committed). Attached for your review are the first two pages of Exhibit A with the changed language highlighted. The City Council may or may not decide to take up either or both of these proposed changes. ORDINANCE NO. AN ORDI NCE TO ENACT §116.02 OOR TO DOOR SOLICITATI REGULATIONS FOR PRIV71 RESIDENCES INTO THE FAYETUV JzLE CODE WHEREAS, some c 'zens have been convenienced and disturbed by unknown and not properly id tified vendors a d peddlers coming to their private residences to sell goods or request ations; anc WHEREAS, commercial vendors a i eddlers who wish to sell door to door in Fayetteville should be regulated to ensure t e vendors have proper identification, will abide by all restrictions as to the when ad w re such vending will be allowed and will not bother citizens who have regist red with he City of Fayetteville that they do not wish commercial vendors to come their reside e; and WHEREAS, persons who First Amendment Free Speech rif may riot be prohibited from goin as long as they do not seek nor cc BE IT C FAYETTEVILLE, Section 1. enacts § 116.02 1 as shown in Exh'. P v,dsh to express religid fits which cannot be in door to door to exercise opt money, pledges or d and political beliefs have aged by the City and thus :iirst Amendment rights BY THE CITY COUNCIL OF CITY OF Vthe City Council of the City of Fayetteville, Arkansas hereby to door solicitation at private residences of the Fayetteville code attached hereto and made a part hereof. APPROVED this 18th day of June, 2013. ATTEST: By: By: LIONELD JORDAN, MAYOR SONDRA E. SMITH, City Clerk Exhibit A (Paper Version) 116.02 — Door to Door Solicitation at Private Residence (A) Definitions. The following words, terms and phrases and their derivations, when used in this section, shall iave the meanings ascribed to them in the section, except where the context clearly indicates a different meaning: (1) Charitable activity means any activity carried on for unselfish, civic or humanitarian motives or for the benefit of others and not for private gain. (2) Charitable organization means d non- profit organization holding a\ tax exemption certificate from the Inte naI Revenue Service pursuant to § 501`et seq., and any amendments thereto. (3) Peddler means any person who goes to the door of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature an offering the same for sale.. (4) Solicitor means any person who g s to the door of any private residenc rn the city, not having been invited by the occupant thereof, for the p pose of taking or intending to take or ens for the sale of goods, magazi as, wares, merchandise or other per anal property of any nature for futur delivery, or for services to be perfo d in the future. A representative o employee of a newspaper of ge eral circulation in Fayetteville may 1 ve a sample or copy of the ne aper with subscription information ne the with of a private residence wit ut being a °solicitor' as long as th representative/employee makes no efforts at that time to contact or speak with the resident. (5) Principal means the person or other legal entity whose goods, merchandise, personal property or services are being peddled or solicited. (B) Obtaining "no soliciting/no peddling" decal or sign. The Planning Department shall provide any resident of the city a decal which reads, "no soliciting/no peddling" This decal may be posted at the front of the any private residence in the city and by posting said notification, any solicitor or peddler has notice that soliciting./or peddling at this address is prohibited by city ordinance. A resident may also post a "no soliciting" sign pursuant to §11671. © Principal permit. No peddling or solicitation shall be conducted within the city without a principal permit being issued. The cost for the principal to obtain a solicitor/peddler's permit,,is $40.00, and shall be paid to the buss ss office before any peddling or so,, cling is conducted within the city. The p mit shall expire on December 31 in the ear the permit is issued. In addition to the principal's permit, the principal must also comply with the city's business license requirement pursuant to Chapter 118: Business Registry and License of the Fayetteville Code. To obtain a permit, a representative of the principal shall provide a written, signed application stating: \ (1) The name, address, telephone number, type of organization, and contact person for the principal applicant; \(2) The nature of the products or services involved; (3) The proposed method of operation in Ina city; (4) A ist of all persons who will peddle or solids in the city on behalf of the prin4st in the city. (D) Permit for peodlers/solicilors. In addition to the principal permit, each peddler or solicitor acting for the principal shall also obtain a permit from the Plla(rning Department before peddling or solicitint within the city. The cost to obtain a peddlerlsolicitor permit is $5.00. In applying for, the permit, each applicant shall provide the following to the Planning Department: (1) The name of the principal applicant for whom they are going to act as a peddler or solicitor; (2) The name, address, and telephone number of the person who is going to act as a peddler or solicitor, and in addition, they must also provide photo (5) Make any false or misleading identification; statements about the product or service being sold, including untrue statements (3) A signed statement under oath that the of endorsement; person applying to be a peddler/solicitor has not been convicted of felonies or (6) Claim to have the endorsement of the any misdemeanors involving theft, city based on the city having issued a sexual offenses, or violence; permit to that person; (4) A criminal background check from the (7) Fail t disclose his or her name and the Arkansas State Police and from the namp of the principal whom he State Police of the State which issued represents at the outset of the initial the Driver's License of the applicant conversation; which shows that peddler or solicitor has not, within the preceding five years, (8) Fail to immediately leave the premises een convicted of any felonies, or any or residence after having been asked by sdemeanors involving theft, sexual the owner or occupant thereof to do so. o nse or violence, nor has been inc cerafed in prison at any time during (F) ferialtyAny violation of this section shall be the I t five years. No person shall be deemed a nuisance and punishable by a fine issue permit as a peddler or solicitor as provided by §10.99 of the Fayetteville that ha been convicted of any of the Code. offenses Vt out above nor in prison during the 11 five years. (G) Exemptions. Officers or employees of the City, County, State or Federal government, (E) Prohibition. It is unlawful for any solicitor or or any subdivision thereof shall be exempt peddler to: for the requirements of this section when on official business. (1) Peddle or solicit within the city without having a copy of this section on their (H) Free permits for nonprofit corporations not person, as well as a copy of their permit seeking donations. issued by the Planning Development, a well as photo identification visible, whi (1) After supplying adequate proof to the is provided by the principal, identify' g Planning Department that the nonprofit the person peddling or soliciting; charitable organization is a charity with a current §501 (c)(3) IRS exception, the (2) Enter upon any private residence, k Planning Department may issue the on the door, ring the doorb Ilpoc, ,cor permits required by this section without otherwise attempt to gain admit rice at charge to the persons desiring to the residence when the premis s' owner\ exercise their free speech rights as long or tenant has posted at the a try of the as no solicitations for donations are residence a decal or sign earing the made and no donations accepted. words, "no soliciting/no p dling," no ::no \(E) peddlers," "no solic' ors,' Permits waived for political and religious free trespassing," or other w ds of similar speech and for Girl Scouts. import; (1\Although everyone going door to door (3) Conduct the activitie of peddler or must respect and not go to the door of a solicitor and knock o the door, ring the citizen who has personalty posted a "no doorbell, or otherwt a attempt to gain solicitation" type sign, may only go door admittance at the residence between to door` during the daytime/evening the hours ofCj:00 p.m. and 10:00 a.m. hours allowed in (E)(3), and must during regul r standard time, and conform to the requirements of (E)(4), between the hours ofj:00 p.m. and (E)(6), (E)(8), persons exercising their 10:00 a.m. during daylight savings time; First Amendment political or religious free speech rights are otherwise (4) Remain at the private residence when exempted from this section. requested to leave, or to otherwise conduct business in a manner which a (2) The Girl Scouts of America must abide reasonable person would find obscene, by the restrictions found in (E)(2)(3)(4) threatening, intimidating or abusive; and (8) but are otherwise exempt from the remainder of this section during their Girl Scout cookie door to door sale drive as long as they have on their Girl Scout uniforms or other proper Identification as Girl Scouts. (J) Revocation of permit, Any permit issued pursuant to the provision of this section may be suspended or revoked for good cause by the Director of Development Services. Good cause for such suspension or revocation shall include any violation of this section, or any other reason for suspensions or revocation as set out In §118.03 of the / Fayetteville Code and said violations are hereby ln3prporated herein by reference. The proced re for suspension or revocation under this ection shall be the same procedure as set out In §1f8.03 of the Fayetteville Ce and said procedure is hereby incorporated herein by reference. Exhibit A 116.02 — Door to door solicitation at private residences. (A) Definitions. The following words, terms and phrases and their derivations, when used in this section, shall have the meanings ascribed to them in the section, except where the context clearly indicates a different meaning: (1) Charitable activity means any activity carried on for unselfish, civic or humanitarian motive's or for the benefit of others And not for private gain. \ (2) Charitable organization means a non-profit organization holding a tax exemption certificate from the Internal Revenue Service pursuant to § 501 et seq., and any amendments thereto. (3) Peddler means any pers who goes to the door of ny private residence in tl city, not having been i ited by the occupant there ; carrying or transporting ods, wares, merchandise or personal property of any nature and offering tl}k same for sale.. (4) Solicit r means any person who oes to the door of any pri ate residence in the city, of having been invited by the occupant thereof, for the purpose of taking or intending to take orders for the sale of goods, magazines, wares, merchandise or other personal property of any nature for future delivery, or for services to be performed in the future. (5) Principal means the person or other legal entity whose goods, merchandise, personal property or services are being peddled or soycited. (B) Obtaining '`no soliciting/no peddling" decal r sign. The Planning Department s I provide any resident of the city decal which reads, "no soliciting/ o peddling." This decal may be pos d at the front of the any private resi� nce in the city and by posting said 7n ification, any solicitor or peddler has otice that soliciting or peddling at this address is prohibited by city ordinance. A resident may also post a "no soliciting" sign pursuant to § 116.01. Principal permit. No peddling or solicrtation shall be conducted within the city without a principal permit being issucd\ The cost for the principal to obtain a, solicitor/peddler's permit is $40.00, and, shall be paid to the business office before any peddling or soliciting is conducted within the city. The permit shall expire on December 31 in the year the permit is issued. In addition to the principal's permit, the principal must also comply with the, city's business license requirement pursuant to Chapter 118: Business Registry and License of the Fayetteville Code. To obtain a permit, a representative of the principal shall provide a written, signed application stating: (1) The name, address, telephone number, type of organization, and contact person for the principal applicant; (2) The nature of the products or services involved; (3) The proposed method of operation in t city; (4) A list oY all persons who will peddle or solicit \in the city on behalf of the principal in the city. (D) Permit for peddlers/solicitors. In addition to the principal permit, each peddler or solicitor acting for the principal shall also obtain permit from the Planning Departm t before peddling or soliciting with' the city. The cost to obtain a peddle) solicitor permit is $5.00. In applying r the permit, each applicant shall provi the following to the Planning Departmen (1) The name of the principal" applicant for whom they are going to act as a peddler or solicitor; (2) The name, address, and telephone number of the person who is going to act as a peddler or solicitor, and in addition, they must also provide photo identification; (3) A signed statement under oath that the person applying to be a peddler/solicitor has not been convicted of felonies or any misdemeanors involving theft, sexual offenses, or violence; (4) A criminal background check from the Arkansas State Police which shows that peddler or solicitor has not been convicted of any felonies, or any misdeme•ri/y7()rs involving IhCR, SCXtial offenses or violence No person shall be issued a permit as a pedder or solicitor that hao been convicted of any df the offenses set out (E) Pr hibition. It is unlawful for any Olicitor or peddler to: 1) Peddle or solicit within the city without having a copy of this section on their person, as well as a copy of their permit issued by the Planning Development, as well as photo identification visible, which is provided by the principal, identifying the person peddling or soliciting; (2) Enter upon any private residence, knock on the door, ring the doorbell, or otherwise attempt to gain admittance at the residence when the premises' owner or tenant has posted at the ntry of the residence a decal or s n bearing the words, "no sol iting/no peddling," "no pcdd rs," "no solicitors," "no trespas 'ng," or other words of similar i ort; (3) Co uct the activities of peddler or so 'citor and knock on the door, ring he doorbell, or otherwise atterr pt to gain admittance at the residence between the hours of 7:00 p.m. and 10:00 a.m. during regular standard time, and between the hours of 8:00 p.m. and 10:00 a.m. during daylight savings (1) After supplying time•, adequate proof to the Planning (4) Remain at the private Department that the nonprofit residence when requested to charitable organization is a leave, or to otherwise conduct charity with a current §501 (c)(3) business in a manner which a IRS exceptiop, the Planning reasonably person would find Department may issue the obscene, threatening, permits required by this section intimidating or abusive; without charge to the persons (5) Make any false or desiriA to exercise their free misleading statements about the speech rights as long as no product or service being sold, s99licitations for donations are including untrue statemcnts of tbade and no donations accepted. endorsement; (6) Claim to have the (I) Permits waived for political endorsement of the 'ty based on and religious free speech and for the city having issued permit to Girl Scouts. that person; (1) Although everyone (7) Fail to disclose hs,or her going door to door must respect name and the name oY; the and not go to the door of a citizen principal whom he represents a who has personally posted a "no the outset of the initial solicitation" type sign, may only conversation; go door to door during the (8) Fail to immediately leave daytime/evening hours allowed the premises or residence after in (E)(3), and must conform to having been asked by the owner the requirements of (E)(4), or occupant thereof to do so. (E)(6), (E)(8), persons exercising their First Amendment political (F) Penalty. Any violation of this or religious free speech rights are section shall be deemed a otherwise exempted from this nuisance and punishable by a section. fine as provided by §10.99 of the (2) The Girl Scouts of Fayetteville Code. America must abide by the restriptions found in (E)(2)(3)(4) (G) Exemptions. Officers or and (8), but are otherwise exempt employees of the City, County, from t�q remainder of this State or Federal government, or section duig their Girl Scout any subdivision thereof shall be cookie door t door sale drive as exempt for the requirements of long as they h ve on their Girl this section when on official Scout uniforms of other proper business. identification as Girf Scouts. (H) Free permits for nonprofit (J) Revocation of permit\ Any corporations not seeking permit issued pursuant to the donations. provision of this section may be suspended or revoked for good cause by the Director of Development Services. Good cause for such suspension or revocation shall include any violation of is section, or any other reason Nr suspensions or revocation as set out in § 118.03 of the Fayettevill Code and said violations are hereby / incorporated herein reference. i The procedure for suspension or revocation under this section shall be the same procedure as set out in §118.03 of the Fayetteville Code and \laid procedure is hereby incorporated herein by reference. \ NORTHWEST ARKANSAS DEMOCRATGAZEFfE ALE NORTHWEST ARKANSAS THE MORNINGNEWS NEWS FSPRINGDERS N�SPAPERSLLC HNORTH EST ARK OF S71MES NORTHWEST ARKANSAS TIMES UENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. Box 1607, 72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ordinance 5593 Was inserted in the Regular Editions on: July 11, 2013 Publication Charges: $ 77.82 Holly Andrews Subscribed and sworn to before me This � day of v 2V 2013. Cif- W &, Notary Public My Commission Expires: 2fi- 1-2-0 1 CATHY J. VVILES Gan,on County My Comrn slcn Expires - I February 20, 2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUL 31 2013 CITY ITTY CLERK'S OFFICEE ORDINIMCE'NO.` 9598 AN ORDINANCE TO ENACT §f .6 DOOR ` TO DOOR SOLICITATION REGULATIONS iv�1yf FOR PCES jtIYATE RESIDENINTO THE FAYETTEVILLE CODE v Y: aercaasasV WHEREAS, some Citizens ham been intone-. nienced and disturbed by unknown and not properly identified vendors and ped- dlers coming to their private residences to sell goods or request` donations; and WHEREAS, oommercial vendors and Peddle, who wish to sell door to door. in Fayetteville should be,regulated to ensure these vendors.have proper identifica- tion and Will abfda,by all restrictions as to the wFien antl wherg euoh yen'ding whl 6e alloved; antl = - '4VHEREM, Persons.,y�ho�wlsh t0 express religlP POIRlcel 6il�(effs have°w list' Amendment Free peeobtdghts whiiChToannot,b` rnp ged.,.,6y_the`O�ty an thus .mey not be prohipitedfrorr�'oinggoor to doori6sxe ise e7r FsstAmendment ,rights. :N0WTNEREFOREj10E IT ORDAINED BY THE CITY COUNCIL OFTHE CITY' fOF FAYETTEV¢LE, ARKANSAS: Section 1 Jhat the Glty Cpunoil of tkq Cay 0f Fayattaville ArlTarisas herebyTeNacts- § a 776 02 Door to EoorsofichaUon at prvvte reafAenees of the F.ayetleWlle Coda es..sit in ETihitiit kattached, eireto``end made a part hereof,f `. "s r ', 'FASSED and APPROVED4ha 15 ".0 of JgIy;,2q[Q 'AIIPROVED - _ Aye; - By. .. Sy LIONELO JORDAN Ma or ` e Y SONDRA ESMITH City Cferk/frteaagar. Exhibtts forthis onfinance maybe viewed m the office of the city Gl