HomeMy WebLinkAboutOrdinance 5767ORDINANCE NO. 5767
AN ORDINANCE AMENDING § 116.02 DOOR TO DOOR SOLICITATION AT
PRIVATE RESIDENCES (D)(4) OF THE FAYETTEVILLE CODE IN ORDER
TO PROVIDE AN IMPROVED AND EXPEDITED BACKGROUND CHECK
PROCESS FOR APPLICANTS AND TO DECLARE AN EMERGENCY
WHEREAS, the City of Fayetteville requires permits and Arkansas State Police background
checks for all door to door solicitors operating within the city limits; and
WHEREAS, the current background check process can take an inordinate amount of time to
receive results and is not nationally comprehensive.
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 amends § 116.02
(D)(4) of the Fayetteville Code by repealing the existing language and replacing it with the
following subsections (4) and (5) that an applicant must supply to the City as part of the permit
process:
"(4) A statewide criminal background check and a nationwide crime index/background check,
including sex offender registry, which shows that a 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.
(5) For international students or other persons without United States Citizenship and working with
a valid visa or other government -issued identification, a copy of the visa or other valid
documentation and a nationwide crime index/background check meeting the criteria in subsection
(4) above shall be submitted."
Page 2
Ordinance No. 5767
Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, in an
effort to expand the criminal background check for door to door solicitors nationwide and better
ensure the protection and safety of Fayetteville citizens, hereby declares this ordinance, being
necessary to preserve the public welfare and safety, must be effective immediately, and therefore
declares an emergency exists so that this ordinance shall be in full force and effect from the date
of its passage and approval.
PASSED and APPROVED this 5h day of May, 2015.
W
ATTEST:
By: Or
SONDRA E. SMITH, City Clerk Treasurer
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FAYETTEVILI_�
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2015-0204
Agenda Date: 5/5/2015 Version: 1 Status: Passed
In Control: City Council File Type: Ordinance
Agenda Number: C. 3
AMEND §116.02 DOOR TO DOOR SOLICITATION
AN ORDINANCE AMENDING §116.02 DOOR TO DOOR SOLICITATION AT PRIVATE
RESIDENCES (D)(4) OF THE FAYETTEVILLE CODE IN ORDER TO PROVIDE AN IMPROVED
AND EXPEDITED BACKGROUND CHECK PROCESS FOR APPLICANTS AND TO DECLARE
AN EMERGENCY
WHEREAS, the City of Fayetteville requires permits and Arkansas State Police background checks for
all door to door solicitors operating within the city limits; and
WHEREAS, the current background check process can take an inordinate amount of time to receive
results and is not nationally comprehensive.
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 amends § 116.02 (D)(4) of
the Fayetteville Code by repealing the existing language and replacing it with the following subsections
(4) and (5) that an applicant must supply to the City as part of the permit process:
"(4) A statewide criminal background check and a nationwide crime index/background check, including
sex offender registry, which shows that a 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.
(5) For international students or other persons without United States Citizenship and working with a
valid visa or other government -issued identification, a copy of the visa or other valid documentation and
a nationwide crime index/background check meeting the criteria in subsection (4) above shall be
submitted."
Section 2:
Emergency Clause. That
the City Council of the
City of Fayetteville, Arkansas, in an effort
to expand
the criminal background
check for door to door
sollicitors nationwide and better ensure the
protection
and safety of Fayetteville
citizens, hereby declares
this ordinance, being necessary to preserve
the public
welfare and safety, must
be effective immediately,
and therefore declares an emergency exists
so that this
ordinance shall be in full force and effect from the date of its passage and approval.
City of Fayetteville, Arkansas Page 1 Printed on 5/612015
City of Fayetteville Staff Review Form
2015-0204
Legistar File ID
5/5/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate 4/17/2015 Development Services /
Development Services Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Approval of an ordinance amending the Fayetteville Code of Ordinances, Title XI Business Regulations, Chapter 116
Door to Door Solicitation, in order to provide an improved and expedited background check process for applicants.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance �—
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Ta�T•
11
e eY 1 le CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF MAY 05, 2015
TO: Mayor Jordan, Fayetteville City Council
THRU: Don Marr, Chief of Staff
FROM: Jeremy Pate, Development Services Director
DATE: April 14, 2015
SUBJECT: Door to Door Solicitor Ordinance — Background Checks
RECOMMENDATION:
Staff recommends approval of an ordinance amending the Fayetteville Code of Ordinances, Title
XI Business Regulations, Chapter 116 Door to Door Solicitation, in order to provide an improved
and expedited background check process for applicants.
BACKGROUND:
In 2013, the City Council passed an ordinance (No. 5593) sponsored by Alderman Tennant that
created an annual permit process for door to door solicitors/peddlers. The ordinance requires a
principal permit for the business or company performing the solicitation of a service or product
sales, and each individual person acting as a door to door solicitor must also register with the
City, providing a background check, identification and other documentation.
Both the Chamber of Commerce and City were contacted last summer and the City again this
spring by local businesses concerned in their attempts to obtain a solicitation permit in a time -
efficient manner. Many employed as door to door solicitors are college -aged students working
during the summer months, and a quick turn -around is important for both the employer and the
potential employee. The ordinance currently requires in §116.02(D)(4) a criminal background
check "from the Arkansas State Police" and if the applicant's driver's license is from another
state, we also require one from that state's State Police. Staff sees a few issues with this
requirement that we propose to change:
1) It takes 2-3 weeks for the Arkansas State Police to process and get a background check
back to an applicant, at a minimum. Alternatively, local companies that conduct formal
background checks can turn around the same background check in roughly 24 hours,
using the same database. However, these companies go through the State Court
Administrator's online database system, instead of through the State Police. I spoke with
Courthouse Concepts, a local business that the City utilizes for background checks, and
they indicated they are using the same exact information. They rarely go through the
State Police office, because of the time it takes. Changing the ordinance language to
simply require a„ statewide background check I believe would resolve this issue and
provide the same level of confidence in the validity of the background check. Two to
three weeks can be a long time for a college student working through the summer, and
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
on more than one occasion a business has lost potential good summer employees
because they needed to be making money and instead moved on to another job.
2) Someone from out of state also requires a background check in the state that issued
their driver's license. Presumably this is to ensure that the out-of-state solicitor does not
have any legal issues that could pose a threat to our citizens in their door-to-door
solicitation. However, if that person committed a felony, sexual assault, misdemeanor
involving theft or other crime that would disqualify them from obtaining a Fayetteville
permit and it happened in an entirely different state, the City of Fayetteville would never
catch it because we only check the current license of the state in which it was issued. I
would recommend that instead we change the language to require a "nationwide crime
index/background check", so that each person's name is run through a nationwide
search, including the sex offender registry. This is a safety issue for our citizens. Again,
Courthouse Concepts often conducts these types of searches. They report it takes a
minimal amount of time and is much more inclusive than just checking the state where a
driver's license is issued.
3) Finally, several of the solicitation permits we have seen are from international students in
Fayetteville on a student visa. They cannot get a background check, because they don't
have a state -issued id. Rather, we should address this with the nationwide background
check and/or copy of a valid visa, which can be verified to reflect if any crimes have
been committed by the individual.
DISCUSSION:
Staff has discussed this proposal with Alderman Tennant, the original sponsor of Ord. No. 5593,
and he indicated he was supportive of us bringing it forward for consideration. Staff would also
request that if appropriate and legal, an emergency clause be enacted for the ordinance to go
into effect immediately, as it positively impacts the safety and well-being of our citizens in the
coming spring/summer solicitation season by achieving a more comprehensive background
check on door to door solicitors that will be knocking on doors and speaking with citizens
throughout our community.
BUDGET/STAFF IMPACT: N/A
ORDINANCE 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: 4B By: 1
IO ELD AN, Mayor SONDRA E. SMITH, City Clerk/TreasUVl V
: FAYETTEVILL : z7
p •r.`
TITLE XI BUSINESS REGULATIONS
CHAPTER 116: DOOR TO DOOR SOLICITATION
116.01 GOING UPON PRIVATE RESIDENTIAL PROPERTY..................................................................... 3
116.02 DOOR TO DOOR SOLICITATION AT PRIVATE RESIDENCE........................................................ 3
116.03-116.99 RESERVED............................................................................................................................ 5
CD116:1
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CD1 16:2
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CHAPTER 116: DOOR TO DOOR SOLICITATION
116.01 Going Upon Private Residential
(4) Solicitor means any person who goes to the
Property
door of any private residence in the city, not
having been invited by the occupant thereof,
for the purpose of taking or intending to take
(A) No solicitor or vendor shall enter in or upon any
orders for the sale of goods, magazines,
house, building, or other structure upon any land or
wares, merchandise or other personal
property without the prior consent of the owner or
property of any nature for future delivery, or for
occupant thereof where there is placed or posted
services to be performed in the future. A
on the premises in a conspicuous position, at or
representative or employee of a newspaper of
near the usual means of ingress, a sign or other
general circulation in Fayetteville may leave a
form of notice stating or indicating that the owner
sample current copy of the newspaper with
or occupant forbids or otherwise does not desire
subscription information near the door of a
persons engaged in soliciting or any similar activity
private residence without being a "solicitor" as
to enter upon the premises.
long as the representative/employee makes
no efforts at that time to contact or speak with
(B) The provisions of this section shall not apply to the
the resident.
sale or soliciting of orders for the sale of fruits,
vegetables, or other products of the farm, including
(5) Principal means the person or other legal
meat from domestic animals or livestock, so far as
entity whose goods, merchandise, personal
the sale of such commodities is authorized by law.
property or services are being peddled or
(Code 1965, §13-10; Ord. No. 1390,4-13-64; Ord. No. 1987,2-
solicited.
15-74; Code 1991, §116.01)
(B) Obtaining "no soliciting/no peddling" decal or sign.
Cross reference(s)--Vending and peddling in parks,
The Planning Department shall provide any
§97.086; Soliciting from public roadways or sidewalks
resident of the city a decal which reads, "no
prohibited, §74.05; Advertising, Ch. 110; Penalty, §10.99; State
soliciting/no peddling." This decal may be posted
law ref.: Transient Vendors §14-54-1407.
at the front of the any private residence in the city
and by posting said notification, any solicitor or
116.02 - Door to Door Solicitation at
peddler has notice that soliciting or peddling at this
Private Residence
address is prohibited by city ordinance. A
resident may also post a "no soliciting" sign
(A) Definitions. The following words, terms and
pursuant to §116.01.
phrases and their derivations, when used in this
(C) Principal permit. No peddling or solicitation shall be
section, shall have the meanings ascribed to them
conducted within the city without a principal permit
in the section, except where the context clearly
being issued. The cost for the principal to obtain a
indicates a different meaning:
solicitor/peddler's permit is $40.00, and shall be
paid to the business office before any peddling or
(1) Charitable activity means any activity carried
soliciting is conducted within the city. The permit
on for unselfish, civic or humanitarian motives
shall expire on December 31 in the year the permit
or for the benefit of others and not for private
is issued. In addition to the principal's permit, the
gain,
principal must also comply with the city's business
(2) Charitable organization means a non-profit
license requirement pursuant to Chapter 118:
Business Registry and License of the
organization holding a tax exemption
Fayetteville Code. To obtain a permit, a
certificate from the Internal Revenue Service
representative of the principal shall provide a
pursuant to § 501 et seq., and any
written, signed application stating:
amendments thereto.
(3) Peddler means any person who goes to the
(1) The name, address, telephone number, type
ap, and contact person for the
of organization,
door of any private residence in the city, not
principal applicant;
having been invited by the occupant thereof,
carrying or transporting goods, wares,
(2) The nature of the products or services
merchandise or personal property of any
involved;
nature and offering the same for sale.
(3) The proposed method of operation in the city;
CD116:3
TITLE XI. BUSINESS REGULATIONS
(4) A list of 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 a permit from the
Planning Department before peddling or soliciting
within the city. The cost to obtain a
peddler/solicitor 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 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;
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.
(3) Conduct the activities of peddler or solicitor
CD116:4
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.
(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),
TITLE XI. BUSINESS REGULATIONS
(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.
(Ord. 5593, 07-02-13)
116.03-116.99 Reserved
CD1 16:5
RECEIVED
NORTHWEST ARKANSAS JUN 032015
Democrat
Aze �CTTY� LERK'SOFFICE
P.O. BOX 1607, FAYETTEVILLE, AR, 72702 ® 479-442-1700 a FAX: 479-695-1118 o WWW.NWADG,COM
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance 5767
Was inserted in the Northwest Arkansas Democrat
Gazette on:
May 21, 2015
Publication Charges: 123.22
Vv4
Cathy Wiles
Subscribed and sworn to before me
This 3 day ofd_ , 2015.
ORDINANCE NO. 5767 •
AN ORDINANCE AMENDING §116.02 DOOR
TO DOOR SOLICITATION AT PRIVATE
RESIDENCES (D)(4) OF THE FAYETTEVILLE
r
CODE IN ORDER TO PROVIDE AN IMPROVED �asnntsas
AND EXPEDITED BACKGROUND= CHECK .
PROCESS FOR APPLICANTS AND TO DECLARE AN EMERGENCY
WHEREAS, the: City of Fayetteville requires permits and Arkansas State.
Policebackground checks for all door to door solicitors operating within the
city limits and
ti a V
WHEREAS, the current background check process can take an inordinate
amount of time to receive results and is not nationally comprehensive
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
amends, §116.02 (D)(4) of the Fayetteville Code by repealing the existing
language and replacing, it with the following subsections (4) and;(5) that an
applicant must supply to the City as part of the permit process
(4) A statewide= criminafackground check And a nationwide crime indezf
background check mcludmg sex offender registry which showsthat a pedr
dler or solicitor has not, within the preceding five years1 been convected of any
felonies, or anymisdemeanors involving theft,sexual offense or violence,
has been incarcerated in prison at any time during the last five years No per-S.
son shall be issued a permit as a peddler or solicitor that has been convicted.
of any of offenses set out above norm prison during the last five years.,F�
(5) For international students or other persons without United State@• _E
Citizenship and working with a valid visa or other government -issued idea-,, F
ti ication a copy of the visa or other valid documentation and a nationwide.
crime °index/background check meeting the criteria in subsection (4) above . g
shall be submitted"
Section 2: Emergency Clause That the City Council of the City of, Fayetteville,- 5 l
Arkansas, in an effort ,to expand the criminal background cheek for do h; ,
to=door solicitors nationwide and better ensure the protection; and safety.
of Fayetteville citizens, hereby declares this ordinance, being necessary to " k
preserve the public welfare and safety, must be effective immediately, and,.
therefore declares an emergency exists so that this ordinance shall be in full , o
force and effect from the date of its passage and approval. a ,
PASSED and APPROVED this 5th .day of May, 2015.
. :
APPROVED: � TTEST
LIONEL•D JORDAN, Mayor SONDRA'E. SMITH, City Clerk Treasurer"
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