Chapter 5.40
PEDDLING, SOLICITING AND CANVASSING*

*    Editor’s Note: Prior ordinances codified herein include prior code §§ 3606 and 3606.1 and Ord. NS 708.

Sections:

5.40.010    Purpose and intent.

5.40.020    Definitions.

5.40.030    Business license required.

5.40.040    Entry upon signed premises unlawful.

5.40.050    Hours of solicitation.

5.40.060    Claims of exemption.

5.40.070    Violations.

5.40.010 PURPOSE AND INTENT.

The purpose of this chapter is to set forth minimum regulations for solicitors, canvassers or peddlers who enter upon private property for the purpose of peddling goods, wares, merchandise or services, or to solicit donations or to canvass; to protect the public against individuals falsely representing themselves as peddlers, solicitors or canvassers; and to balance the rights and interests of those engaged in door-to-door peddling, soliciting and canvassing activities with the rights and interests of those who do not wish to be disturbed by such activities on their private property.

(Ord. 95-11 § 2 (part), 1995).

5.40.020 DEFINITIONS.

The following definitions shall be used in the interpretation, construction, application and enforcement of this chapter:

(a)    “Peddler” means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale or donation.

(b)    “Person” means any person, firm, corporation, association, club, society or other organization.

(c)    “Solicitor” means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof:

(1)    For the purpose of taking or soliciting donations;

(2)    For the purpose of taking orders for the sale of goods, wares, merchandise or personal property of any nature for future delivery; or

(3)    For the purpose of providing services, or seeking employment, to be performed at that time or in the future.

(d)    “Canvasser” means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of either acquiring information from or disseminating information to the occupant(s) of the premises.

(Ord. 95-11 § 2 (part), 1995).

5.40.030 BUSINESS LICENSE REQUIRED.

Except as set forth in Section 5.40.060, it is unlawful for any peddler or solicitor to engage in peddling or soliciting within the city without first complying with applicable business license requirements set forth in Chapter 5.04.

(Ord. 95-11 § 2 (part), 1995).

5.40.040 ENTRY UPON SIGNED PREMISES UNLAWFUL.

It shall be unlawful for any person, while conducting peddling, soliciting or canvassing activity in the city, to enter upon any residential premises where, posted at the entry to the premises, or at the entry to the principal building on the premises, is a sign prohibiting any such activity.

(Ord. 95-11 § 2 (part), 1995).

5.40.050 HOURS OF SOLICITATION.

It shall be unlawful for any person, while conducting peddling, soliciting or canvassing activity in the city, to enter upon any residential premises between the hours of 8:00 p.m. and 9:00 a.m.

(Ord. 95-11 § 2 (part), 1995).

5.40.060 CLAIMS OF EXEMPTION.

Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the requirement to obtain a business license, shall cite to the city finance department the statute or other legal authority under which exemption is claimed and shall present proof of qualification for such exemption.

(Ord. 95-11 § 2 (part), 1995).

5.40.070 VIOLATIONS.

Any violation of the provisions of this chapter shall constitute a misdemeanor. At the discretion of the city attorney, said violation may be prosecuted as an infraction. In addition to any other available remedies and penalties, said violation(s) shall be subject to the remedies and penalties provided for in Chapter 1.08 of this code.

(Ord. 95-11 § 2 (part), 1995).