112-02 Ordinance AMENDED RECORD OF ORDINANCES
Dayton Legal Blank Co Form No. 30043
Ordinance No ......................1.1.2-02~ ~Amelnded) Passed
AN ORDINANCE AMENDING CHAPTER 115
OF THE DUBLIN CODIFIED ORDINANCES
REGULATING PEDDLERS AND SOLICITORS,
AND DECLARING AN EMERGENCY
WHEREAS, the United States Supreme Court recently issued an opinion in the case
of Watchtower Bible and Tract Society of New York, Inc. et al. v. Stratton et al., 2002
WL 1305851, that places limitations upon the manner in which municipalities may
regulate door-to-door canvassers; and
WHEREAS, specifically, the Supreme Court ruled that an ordinance requiring that
permits be obtained for persons who travel door-to-door spreading messages, as
opposed to soliciting for donations or commercial endeavors, was unconstitutional;
and
WHEREAS, the Dublin Code contains a chapter regulating peddlers and solicitors;
and
WHEREAS, as a result of the Stratton case, several sections of this Chapter must be
revised;
WHEREAS, this revision must be accomplished immediately in order to comply with
United States Supreme Court case law;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin,
State of Ohio, 2 of the elected members concurring:
Section 1. Chapter 115 is hereby amended as follows:
§ 115.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
CANVASSER. Any person who seeks to disseminate any lawful
message by means of traveling from place to place without soliciting funds or
donations.
CHARITABLE. Includes the words patriotic, philanthropic, social
service, welfare, eleemosynary, benevolent, educational, civic, fraternal, veteran's
medical and social research, either actual or purported.
PEDDLER. Any person who carries with him for the purpose of sale at
retail and immediate or future delivery, goods, wares, food or merchandise, or any
person who in person as principal or agent canvasses, sells or otherwise obtains orders
or commitments for the sale, repair or exchange of goods, wares, food or merchandise,
or services.
RELIGIOUS or RELIGION. Shall not include the word charitable, but
shall be given their commonly accepted definitions.
SOLICITOR. Any person who obtains or seeks to obtain funds for any
cause whatsoever by means of canvassing from place to place.
§ 115.02 LICENSE OR REGISTRATION REQUIIZED.
(A) Subject to divisions (C) and (D) below, no person shall engage
in the business or activity of peddler or solicitor as defined in §
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115.01 in this municipality without first obtaining a license as
provided in § 115.03.
(B) Subject to divisions (C) and (D) below, all persons acting for or
hired by another as a peddler or solicitor in the municipality
shall obtain a license as provided in § 115.03 prior to acting as a
peddler or solicitor.
(C) No license shall be required of any individual who, without
compensation, acts as a peddler or solicitor on behalf of and for
any recognized religious or charitable not for profit
organization. However, subject to division (D) below, no
individual shall act as a solicitor or peddler on behalf of or for
such organization without first having registered with the City
Manager or the Manager's Designee pursuant to § 115.04.
(D) No license or registration certificate shall be required of any
person for the following:
(1) Peddling or soliciting only the purchase of or
subscription for newspapers having their principal sale
or distribution in this municipality or Franklin, Delaware
or Union Counties;
(2) Peddling or soliciting only for wholesale delivery to
merchants, manufacturers or other business or
manufacturing establishments;
(3) Peddling or soliciting at the invitation or request of the
person contacted;
(4) Peddling or soliciting conducted only among the
members of the entity or organization conducting the
peddling or soliciting;
(5) Peddling or soliciting in the form of collections or
contributions at the regular assemblies, meeting or
services of any recognized charitable or religious not for
profit organization.
(6) Acting as a canvasser, as defined in Section 115.01, in
order to disseminate ideas, thoughts, or messages
regarding any cause, issue, religion, or political
candidate as long as such canvassing does not involve
the violation of any local, state, or federal law.
§ 115.03 LICENSE APPLICATION AND REQUIREMENTS.
(A) Applications for licenses for peddlers or solicitors shall be filed
with the City Manager or the Manager's Designee on a form to
be furnished by the Manager or the Manager's Designee,
which shall require, at least, the following information:
(1) The name of the applicant;
(2) If the applicant is an individual, a physical description of
the applicant;
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(3) The applicant's social security number or federal
identification number;
(4) The name .and address of the person by whom the
applicant is employed or for whom he is soliciting, if
any, and the length of the applicant's service with such
employer or person;
(5) If the applicant is an individual, all places of residence
of the applicant and all employment during the
preceding year;
(6) The nature and character of the goods to be sold or
services to be furnished by the applicant or the purpose
for which funds are being peddled or solicited.
(7) The names of other municipalities in which the applicant
has recently conducted peddling or solicitation
activities;
(8) Verification that the applicant or his employer has
complied with the requirements of R.C. Chapter 1716
pertaining to charitable solicitations, if applicable.
(9) If the applicant is a recognized religious or charitable
not for profit organization, proof of tax exempt status;
(10) A completed background check completed by any law
enforcement authority;
(B) Applicants who are individuals shall furnish a recent
photograph of himself or herself not more than one year old.
(C) Applications shall be made at least 48 hours before the license
is issued.
(D) If the City Manager or the Manager's Designee determines
after an investigation, that the information furnished under the
requirements of division (A) above is correct; that the applicant
proposes to engage in lawful commercial or professional
enterprise and that neither the applicant nor the enterprise upon
which the applicant proposes to engage constitutes a clear and
present danger to the residents of the municipality, he shall
issue a license to the applicant.
(E) The license fee charged by the City Manager or the Manager's
Designee shall be as set forth from time to time by ordinance.
All annual licenses issued under the provisions of this chapter
shall expire on December 31 in the year when issued. Other
licenses shall expire on the date specified in the license.
(F) No license shall be required for any person who acts as a
canvasser if no donations or any other type of contributions
are sought by the canvasser.
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§ 115.04 REGISTRATION FOR CHARITABLE OR RELIGIOUS
PURPOSE.
(A) Applications for registration certificates shall be filed with the
City Manager or the Manager's Designee on a form to be
furnished by the City Manager or the Manager's Designee.
Each application shall contain:
(1) The name, address and the telephone number of the
person completing the application;
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(2) The name of an officer or official of the organization;
(3) (4~ The nature of the charitable or religious purpose to
which the contributions, donations or sale proceeds will
be applied; and
(4) Such other information as the City Manager or the
Manager's Designee may require.
(B) An organization which desires to place a number of peddlers or
solicitors in the city simultaneously may make a group
application to cover all of them; however, separate registration
certificates shall be issued to each or, in lieu of separate
registration certificates, separate information cards shall be
issued to each peddler or solicitor by the organization. Such
information cards shall include, at a minimum:
(1) The name of the organization;
(2) A description of the purpose of the peddling or
solicitation;
(3) The period for which the registration certificate was
issued;
(4) The name of the peddler or solicitor;
(5) A brief description of the peddler or solicitor, such as
age, weight, and height; and
The signatures of the peddler or solicitor and an officer or official of the
organization.
(C) A registration certificate shall be valid for no more than aone-
yearperiod. The registration certificate shall state the expiration
date.
(D) No fee shall be required for a registration certificate.
(E) No registration certificate shall be required for any person
who acts as a canvasser on behalf of a religious or charitable
organization if no donations or any other type of contributions
are sought by the canvasser.
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§ 115.05 APPEALS.
Any person who has applied for a license or registration certificate in
accordance with this chapter and to whom the City Manager or the Manager's
Designee has, after an investigation, denied a license or registration certificate may
appeal to Council. Notice of such appeal shall be filed with the Clerk within five days
after the denial by the City Manager or the Manager's Designee. Such appeal shall be
heard by Council at the next regular meeting and its decision shall be final.
§ 115.06 CARRYING AND EXHIBITING LICENSE OR REGISTRATION;
NONTRANSFERABILITY; WRITTEN RECEIPT REQUIRED.
(A) The license or registration certificate issued under the
provisions of this chapter shall at all times be conspicuously
attached and exhibited on the outer clothing of the peddler or
solicitor.
(B) Licenses or registration certificates issued under the provisions
of this chapter are nontransferable and shall not be used by any
person other than the person identified on the license or
registration certificate.
(C) Upon request, all solicitors or peddlers shall provide a written
receipt showing the name of the solicitor or peddler, the amount
of the contribution or purchase and the date. Upon request, all
persons acting as peddlers or solicitors on behalf of any
recognized religious or charitable not for profit organization
shall provide a statement attesting to the organization's exempt
status under Section 501 of the Federal Internal Revenue Code.
§ 115.07 BUSINESS HOURS RESTRICTED.
(A) No person shall peddle, solicit or conduct market research, door
to door, at dwelling houses or businesses at random, on
sidewalks or streets, at public places, at private meeting places
or in any other manner or place in the municipality between
9:00 p.m. and 9:00 a.m. or on any Sunday or Holiday.
(B) This section does not apply to invitees or national charitable
corporations licensed to do business in Ohio with recognized
periods for campaigns, provided the organizations have been
licensed to solicit by the City Manager or the Manager's
Designee.
§ 115.08 NOTICE PROHIBITING PEDDLERS OR SOLICITORS.
(A) The owners or occupants of any residence or place of business
may evidence a determination to refuse to receive any uninvited
peddlers or solicitors by displaying a weatherproof card, decal
or sign not less than three inches by four inches in size nor more
than one square foot in total surface area upon or near the main
entrance door to the residence or place of business, containing
the words "No Peddlers or Solicitors Invited" with letters at
least one-third inch in height. Any such weatherproof card,
decal or sign which complies with the requirements of this
section shall be exempt from any additional or different
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requirements contained in the provisions of Chapter 153,
Zoning Regulations.
(B) No person shall go upon any premises and ring the door bell,
rap or knock upon any door, or create any sound in any other
manner calculated to attract the attention of any occupant of
such residence or place of business for the purpose of securing
an audience with the occupants thereof and engage in peddling
or solicitation in defiance of a notice displayed pursuant to
division (A) above.
§ 115.09 FRAUD PROHIBITED; REVOCATION OF LICENSE OR
REGISTRATION CERTIFICATE.
(A) No person shall directly or indirectly make or perpetrate any
misstatement, deception or fraud in connection with any
solicitation or peddling for any purpose in the city or in any
application or report filed under this chapter.
(B) No person having entered into an agreement to conduct any
peddling or solicitation on behalf of any person or organization
shall fail to remit or pay to the party entitled thereto the
proceeds of such peddling or solicitation in accordance with the
terms of the agreement.
(C) The City Manager or the Manager's Designee may revoke at
any time any license or registration certificate issued under the
provisions of this chapter for violation of any provision of this
chapter.
§ 115.10 PERMIT TO SOLICIT CHARITABLE CONTRIBUTIONS ON
HIGHWAYS.
(A) The City Manager or the Manager's Designee may issue a
permit to solicit contributions on highways from the occupants
of vehicles when all of the requirements of division (B) below
have been met.
(B) A charitable organization may apply for and obtain a permit to
solicit contributions on highways, but not on freeways as
provided in R.C. § 4511.051, as follows:
(1) The City Manager or the Manager's Designee shall
prescribe a form and receive applications for permits to
solicit contributions on highways.
(2) Only a charitable organization that has received from the
Internal Revenue Service a currently valid ruling or
determination letter recognizing the tax exempt status of
the organization pursuant to Section 501(c)(3) of the
Internal Revenue Code as amended may apply for a
permit to solicit contributions on highways. A copy of
the Internal Revenue Service ruling or determination
letter must be attached to the application.
(3) The application shall specify the date and times for
which the permit to solicit contributions on highways is
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sought. A permit to solicit contributions on highways
shall not be issued for more than one day each calendar
year, and the solicitation activities shall occur only
between one hour after sunrise until one hour before
sunset on that date.
(4) The application shall specify the locations for which the
permit to solicit contributions on highways is sought. A
permit to solicit contributions on highways shall not be
issued for more than two intersections.
(5) The application shall list the names and addresses of all
agents authorized to solicit contributions on highways
on behalf of the charitable organization.
(6) The application shall be accompanied by a paid up
liability insurance policy or certificate of insurance in
the amount of not less than $1,000,000 that insures the
charitable organization for any and all claims that may
arise as a result of soliciting contributions on the
highways and which insurance policy contains a clause
that names the City of Dublin and its elected and
appointed officials, agents or employees as additional
insureds under such policy.
(7) The application shall be accompanied by a signed
waiver of liability from all agents authorized to solicit
contributions on highways on behalf of the charitable
organization for any and all claims that may arise as a
result of soliciting contributions on highways.
(8) Prior to the issuance of a permit to solicit contributions
on highways, the City Manager or the Manager's
Designee shall verify that the proposed solicitation at
the locations and the date and times specified in the
application does not conflict with a previously issued
parade permit or scheduled public event. No more than
one permit shall be issued for the use of any intersection
during any calendar day, and no more than one
charitable organization shall be permitted to solicit
contributions on highways on the same calendar day.
(9) For each charitable organization issued a permit to
solicit contributions on highways, the Police Chief shall
be provided a copy of the charitable organization's
application; its permit; and the names of the agents
authorized to solicit contributions on highways on
behalf of the charitable organization.
(10) All agents soliciting contributions on highways on
behalf of a charitable organization shall possess a copy
of such permit at all times during the period of such
solicitation.
(11) All agents soliciting contributions on highways on
behalf of a charitable organization shall wear light-
colored clothing and/or safety vests and shall
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prominently display an identification of the charitable
organization.
(12) The City Manager or the Manager's Designee shall
have the authority to revoke a charitable organization's
permit to solicit contributions on highways, and the City
Manager, the Manager's Designee, or the Police Chief,
in their sole discretion, may order any and all of a
charitable organization s agents to cease all activity if
conditions become hazardous and/or inclement or if a
charitable organization's agents fail to comply with the
requirements of this section.
§ 115.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a
~ fourth-degree misdemeanor. Each day on which such activities are conducted
in violation of this chapter shall constitute a separate offense.
Section 2. This Ordinance is declared to be an emergency necessary for the immediate
preservation of the public health, safety, and welfare due to the need to immediately
comply with United States Supreme Court case law. This Ordinance shall therefore be
• effective upon passage.
Passed this X11 day of Q ~'p ~~%2002.
Mayor -Presiding Officer
Attest:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised/ Code.
d`J~ir~, C~er c of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614-410-4400 • Fax: 614-410-4490
CITY OF DUBLIN
Memo
To: Members of the Dublin City Council
From: Jane S. Brautigam, City Manager ~~p
Date: September 24, 2002
Re: Peddlers and Solicitors Ordinance
Summary:
The Office of the Law Director has revised the Peddlers and Solicitors Ordinance. A copy of their memo describing
these revisions is attached.
Recommendation:
Adoption of Ordinance No.112-02 second reading
SCHOTTENSTEIN ZOX 8c ~UNN
a legal pro(essianal ossociotion
Memorandum
To: Jane Brautigam, City Manager
Dublin City Council
From: Stephen J. Smith
Jennifer D. Readler
Date: September 19, 2002
Re: Peddlers and Solicitors Ordinance
This office recently proposed amendments to Chapter 115 of the Dublin Code entitled
"Peddlers and Solicitors" in order to comply with the United States Supreme Court case,
Watchtower Bible and Tract Society of New York, Inc. et al. v. Stratton, et al., 2002 WL
1305851. When the ordinance was introduced, Greg Jones, Code Enforcement Officer,
suggested several additional revisions. These revisions included:
• Providing that the City Manager or the Manager's Designee is responsible for the
administration of this chapter;
• Adding the requirement of a background check whenever a peddler or solicitor
applies for a license;
• Deleting a section of the Chapter (115.04(A)(2)) that is repetitious;
• Increasing the penalty for violation of the Chapter from a minor misdemeanor to a
fourth degree misdemeanor;
• Making the ordinance an "emergency" so that compliance with the Supreme Court
opinion can be obtained as quickly as possible.
We have revised the ordinance to include the foregoing provisions. All other
provisions are identical to those found in the introductory ordinance. Please do not hesitate to
contact this office if you have any questions.
vvvrw.SZD.cam
Columbus
Cleveland
Cincinnati
;HO?35aoa l IThe Huntington Center, 41 South High Street, Suite 2600, Columbus, Ohio 43215-6106 . voice 614/462-2700. fax 6141462-5135