HomeMy WebLinkAboutO-1475ORDINANCE NO. 1475
REPEALING ARTICLE III, SECTIONS 8-40 THROUGH 8-47 OF
THE FAIRHOPE CODE OF ORDINANCES RELATING TO
PEDDLING, SOLICITING AND CANVASSING, AND ENACTING
A NEW ORDINANCE REGULATING SUCH ACTIVITIES
Section 1. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA, that the following ordinances and parts of ordinances are
hereby repealed:
a. Article III including Sections 8-40 through 8-47 of the Fairhope Code of
Ordinances in its entirety;
b. All other ordinances or parts of ordinances that are in conflict or inconsistent
with any provision of Section 2 of this Ordinance.
Section 2. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAIRHOPE, ALABAMA, that the following is hereby adopted:
Generally. The entering into residential property by peddlers, canvassers, solicitors,
and transient vendors of goods and services is a matter of public concern, necessitating the
following reasonable regulations of such conduct for the preservation of the privacy and safety
of the citizens of the City of Fairhope, Alabama.
Definitions: For purposes of this ordinance, the following terms shall have the
following meanings:
(1) Canvassing -- asking for opinions or preferences and sharing or
presenting opinions, preferences, advertising, messages, information,
or ideas, orally or in writing.
(2) City -- City of Fairhope, Alabama.
(3) Peddling -- going from place to place seeking to sell, marketing, or
trading goods or services.
(4) Residence -- any property zoned for residential use or used as a
residence, including but not limited to single- and multi -family
dwellings, apartments, townhouses, and mobile homes.
(5) Selling -- marketing or offering to contract with or contracting for the
exchange of goods or services for money or anything of value.
(6) Soliciting -- asking for anything, including but not limited to,
contributions, money, signatures, opinions, preferences,
appointments, or the opportunity to share or present an opinion,
preference, message or idea.
C. Limit on Hours. It shall be unlawful for any individual to approach the
door or enter upon the property of any residence in the City for the purpose of
canvassing, peddling, selling, or soliciting, except between the hours of 9:00
a.m. and 6:00 p.m., Monday through Saturday unless the individual does so
by express invitation or with the express permission of the owner or legal
occupant of the residence. It shall be unlawful for any individual to approach
the door or enter upon the property of any resident in the city for the purpose
of canvassing, peddling, selling or soliciting on legal holidays as specified by
the City Council annually.
d. Limit on Numbers. It shall be unlawful for more than 3 people to
simultaneously, i.e., as a group, approach, at any time, the door or enter upon
the property of any residence, unless invited or with the express permission of
the owner or legal occupant, to canvass, peddle, sell or solicit.
Post Signs. It shall be unlawful for any individual to seek to canvass, peddle,
sell or solicit at a residence or place of business that has a sign on the
property forbidding or prohibiting canvassing, peddling, selling or soliciting --
including, but not limited to, signs stating "no solicitors," "no solicitation,"
"no peddling," or "no trespassers."
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Prohibited Act. It shall be unlawful for any individual engaged in door-to-
door canvassing, peddling, selling or soliciting within the City to do any of
the following:
(1) Intentionally cause confusion or misunderstanding about the
individual's affiliation, connection, or association with another
individual, group, or organization.
(2) Knowingly make false, misleading, or deceptive representations,
including, but not limited to, presenting invalid or false identification,
about the individual or a good or service.
(3) Represent, directly or by implication, that the City of Fairhope
endorses the solicitation, selling or peddling.
(4) Refuse to immediately and peacefully leave a residence upon being
asked to leave by the owner or a lawful occupant.
g. Compliance with Other Laws. Nothing in this Ordinance shall relieve any
individual or organization of compliance with the City's business licensing
and solicitation registration requirements.
SECTION 3. Registration requirements for door-to-door solicitation.
(a) Registration. All persons desiring to engage in soliciting at residences in the city
shall apply to the City at a cost of one hundred dollars ($100.00), paid in cash or cash
equivalent, for a monthly certificate of registration. The certificate, executed by the city
revenue officer or his/her designee, shall be maintained by the revenue officer and a legible
copy shall be carried by the registrant at all times while soliciting. Upon request for
inspection by an occupant of a residence or a police officer or a city license and tax examiner
while the registered solicitor is transacting his business or seeking to transact his business at
any residence, the registrant shall show his or her copy of the registration certificate. In
addition to the registration fee, all other city ordinances levying business license fees and other
license fees and taxes are applicable, including the business license ordinance requiring
transient vendors to obtain a business license.
(b) Application for certificate. The city shall provide a standard form for use for
registration of solicitors. The applicant for the registration certificate shall state in writing
upon his or her oath or affirmation that the information is truthfully provided to the best of his
or her knowledge and belief. The applicant shall supply with or upon the registration form the
following information:
1. Applicant's true, correct, and legal name and the name of the organization for
which he/she will be soliciting.
2. Address and phone number of applicant's home and applicant's place of business.
3. Names and addresses of the corporate officers or the partners and the managers, if
any, of the entity for which the applicant will be soliciting.
4. The purpose for which soliciting will be done.
5. A brief description of the method of presentation that will be made.
6. Whether a permit, license, or certificate of registration from any city in connection
with soliciting has ever been revoked, explaining the circumstances.
7. A statement as to whether or not the applicant has ever been convicted of a
misdemeanor or a felony.
8. Documentation that the person is authorized to solicit for the organization.
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9. Two (2) passport -sized photos taken within sixty (60) days of application.
(c) Non -endorsement. In addition, the applicant shall certify on the application form that if
his or her registration is granted, he or she will not state, imply, or represent to any person that
the issuance of the certificate is an endorsement by the City of the product, service, solicitor,
or the organization represented by the solicitor.
(d) Proof of identification required No certificate of registration shall be issued except upon
proof of identification, including a photograph of the applicant, in one (1) of the following
forms:
l . A valid driver's license of any state in the United States.
2. A valid United States Uniform Service Identification.
A valid passport.
4. A valid identification issued by any agency of a state for the purpose of identification
of the holder.
(e) Registration complete with issuance. Registration shall be complete when the city
issues the certificate of registration, which shall not be unreasonably withheld or delayed.
(f) Form of certificate. Each certificate shall be numbered, shall list the name of the
individual solicitor and of all organizations on whose behalf he or she is authorized to solicit,
the date on which the certificate will expire, and shall be dated and signed by the city revenue
officer or his or her designee.
(g) Maintenance of registry. The city shall maintain, available for public inspection
during normal business hours, a record of every application received and acted upon, together
with any information pertaining thereto, all certificates of registration issued, and all denials of
applications. Each application shall be numbered in consecutive order as filed, and each
certificate issued shall be assigned a number exclusive to the registrant.
(h) Expiration. Certificates shall be valid for one month and shall expire at 11:59
p.m. on the date one month from the date of issuance.
(i) Non -transferability. Certificates of registration shall be issued only in the
name of the applicant and the firms, corporations or associations on whose
behalf he or she is authorized to solicit. Each natural person soliciting must
obtain a certificate of registration. Certificates shall be nontransferable. It
shall be a violation for a solicitor whose certificate authorizes soliciting on
behalf of a firm named in the certificate to solicit on behalf of any other firm,
organization, or association or for any purpose other than that specified on the
application.
SECTION 4. Exemptions from registration.
The registration provisions of this Ordinance do not apply to the following:
(a) Persons making solicitations solely for a church, religious organization or
charitable organization as recognized by the Internal Revenue Service, including any
unincorporated association or corporation under the supervision and control of any church,
a charitable organization or religious organization, if the church or organization is tax exempt
under the provisions of the United States Internal Revenue Code.
(b) Students soliciting contributions to finance extracurricular academic, social,
athletic, artistic, scientific, or cultural programs, provided that the solicitation and its
purpose have been approved by the principal, president, or chief administrator of the school
that the students attend and said approval has been filed in writing with the City.
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(c) Persons canvassing for the purpose of distributing political literature or
materials on behalf of a political party, candidate, or public issue or introducing themselves as
supporters of a candidate, political party, cause, or issue.
SECTION 5. PENALTY FOR VIOLATION.
Individuals and organizations found guilty of violating any section of this Ordinance
shall be penalized, by fine, imprisonment, and/or hard labor, in accordance with the limitations
set forth in State law and/or the Fairhope Code of Ordinances.
SECTION 6. SEVERABILITY.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect
any other paragraphs and sections, since the same would have been enacted by the
municipality council without the incorporation of any such unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 7.
This Ordinance shall take effect as provided by law, after passage, approval and
publication.
ADOPTED THIS 1 OTH DAY OF SEPTEMBER, 2012
ATTEST:
i4AanAsMC
City Clerk