020-94 Ordinance Amended
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No. 30043
,
Ordinance N 0 'u__~~2~Q~~9.~L--< Amended) Passedmu__ _~~ n ,~~~ ~mmu~~~~~___~.u ---______19________
AN ORDINANCE AMENDING CHAPTER 717 OF THE CODIFIED
ORDINANCES OF THE CITY OF DUBLIN, OHIO
"...
...... WHEREAS, the Council of the City of DUblin, Ohio desires to
allow the owner or occupant of a residence or place of
business to give notice which would prohibit peddling or
soliciting at that residence or place of business; and
WHEREAS, the Council of the City of Dublin, Ohio desires to
implement certain registration and other requirements for
those who act as solicitors or peddlers for charitable or
religious purposes; and
WHEREAS, the Council of the City of DUblin, Ohio finds the
regulation of peddlers and solicitors necessary to promote the
safety and welfare of the citizens of City of Dublin, Ohio.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Dublin, Ohio, 7 of the elected members concurring:
section 1. That Section 717.01 of the Codified Ordinances of
the City of Dublin be amended to read as follows:
717.01 DEFINITIONS
#/11""'- (a) "Peddler" means any person who carries with
him for the purpose of sale at retail and
immediate or future delivery, goods, wares,
~i'" food merchandise, who
or or any 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.
(b) "Solicitor" means any person who obtains or
seeks to obtain funds for any cause whatsoever
by means of canvassing from place to place.
(c) "Charitable" includes the words patriotic,
philanthropic, social service, welfare,
eleemosynary, benevolent, educational, civic,
fraternal, veteran's, medical and social
research, either actual or purported.
(d) "Religious" and "religion" as used herein
shall not include the word charitable, but
shall be given their commonly accepted
definitions.
111"''''' (e) "Person" means any individual, firm,
organization, association, partnership,
....... corporation, or other entity.
Section 2. That Section 717.02 of the Codified
Ordinances of the City of Dublin be amended to read as
follows:
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'umn2Q___9.~L _(Amended) Passedm______,mnm _________m____m_ ____19_______
Page Two
~ 717.02 LICENSE OR REGISTRATION REQUIRED
(a) SUbject to (c) and (d) of this section, no
~ person shall engage in the business or
activity of peddler or solicitor as defined in
section 717.01 in this Municipality without
first obtaining a license as provided in
Section 713.03.
(b) Subject to Subsections (c) and (d) of this
section, all persons acting for or hired by
another as a peddler or solicitor in the
Municipality shall obtain a license as
provided in section 713.03 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
subsection (d) of this section, no individual
shall act as a solicitor or peddler on behalf
of or for such organization without first
having registered with the City Manager
~ pursuant to section 717.04.
(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 at in the form of
....... collections or contributions at the
regular assemblies, meeting or services
.. of any recognized charitable or religious
not for profit organization.
section 3. That section 717.03 of the Codified Ordinances of
the city of Dublin be amended to read as follows:
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'~m~~~2.0~~9,'L ~(Amended) Passed~~m_~__,~mn mmmunmn _nmm19n_~m
Page Three
717.03 LICENSE APPLICATION AND REQUIREMENTS
"......
(a) Applications for licenses for peddlers or
solicitors shall be filed with the City
-- Manager on a form to be furnished by the City
Manager, which shall require, at least, the
following information:
(1) The name and address of the applicant;
(2) If the applicant is an individual, a
physical description of the applicant;
(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 the applicant 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;
IIIio.-
(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 Ohio 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;
(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 Yeast
forty-eight hours before the license is
."...... issued.
__ (d) If the City Manager determines after an
investigation that the information furnished
under the requirements of subsection (a)
hereof 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, the City Manager shall issue a
license to the applicant.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance NO'm_2.0_-_9.A_m(Amended) Passedmm_mmm um__umuummn um_19_umu
Page Four
(e) The license fee charged by the City Manager
"".... shall be five dollars ($5.00) per day; ten
dollars ($10.00) per week; twenty-five dollars
($25.00) per month; and fifty dollars ($50.00)
....... per year. 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.
section 4. That section 717.04 of the Codified Ordinances of
the city of Dublin be hereby amended to read as follows:
717.04 REGISTRATION FOR CHARITABLE OR RELIGIOUS PURPOSES
(a) Applications for registration certificates
shall be filed with the City Manager on a form
to be furnished by the City Manager. Each
application shall contain:
(1) The name, address and the telephone
number of the person completing the
application;
(2) The name, address and telephone number of
the organization for which he purports to
- act;
~ (3) The name of an officer or official of the
organization;
(4) The nature of the charitable or religious
purpose to which the contributions,
donations or sale proceeds will be
applied; and
(5) Such other information as the City
Manager 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
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No. 30043
Ordinance N 0 .m.2.0....94m~Amended) P assednmnn.. nnmUUnnnnm__.__ nUn .___19 m.__.
Page Five
",-. (6) 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 a one year period. The
registration certificate shall state the
expiration date.
(d) No fee shall be required for a registration
certificate.
section 5. That section 717.05 of the Codified Ordinances of
the City of Dublin be amended to read as follows:
717.05 APPEALS
Any person who has applied for a license or
registration certificate in accordance with this
chapter and to whom the City Manager has, after an
investigation, denied a license or registration
certificate may appeal to Council. Notice of such
appeal shall be filed with the Clerk wi thin five
days after the denial by the City Manager. Such
appeal shall be heard by Council at the next
,.,..... regular meeting and its decision shall be final.
....... section 6. That section 717.06 of the Codified Ordinances of
the City of Dublin be amended to read as follows:
717.06 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.
section 7. That section 717.08 of the Codified Ordinances of
the City of Dublin be hereby repealed.
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No. __~.20~-~9A__u'Amended) Passed__m__~~~~~~m____mmm~~~ _________mm19~____m
Page six
.. section 8. That section 717.09 of the Codified Ordinances of
. the City of Dublin be hereby repealed.
-- section 9. That section 717.08 of the Codified Ordinances of
the City of Dublin be enacted to read as follows:
717.08 NOTICE PROHIBITING PEDDLERS OR SOLICITORS
(a) The owner(s) of occupant(s) 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 requirements contained
in the provisions of Chapter 1189 of the
Planning and Zoning Code.
,,-
(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 occupant(s) thereof and
engage in peddling or solicitation in defiance
of a notice displayed pursuant to subsection
(a) .
section 10. That section 717.10 of the Codified Ordinances of
the City of Dublin be amended and renumbered to read as
follows:
717.09 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 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.
" .,..
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RECORD OF ORDINANCES
Dayton Legal Blank Co, Form No, 30043
Ordinance No ,____20___9.A___-CAmended) P assed___u___u,'_ ,_________m_uu_uu___ ________u19 __ ___.__
Page Seven
,..... seotion 11. That section 717.99 of the Codified Ordinances of
the City of Dublin be amended to read as follows:
....... 717.99 PENALTY
Whoever violates any provision of this chapter shall be
guilty of a minor misdemeanor as set forth in section
501.99. Each day on which such activities are conducted
in violation of this chapter shall constitute a separate
offense.
seotion 12. This Ordinance shall take effect on the
earliest date permitted by law.
Passed this J-/~ day of ~' I 199~.
May~ Officer
Attest:
",...... ~ C-~
Clerk of Council
........
".....
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