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020-94 Ordinance Amended , ~- -- '^..~~--------~-~-~- 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: '" '..,., ~""-"._"-"---.~..".'~" -~"_.~_.~.."..,,_.~.~~~....= 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: . '.". ,_.. ~~;~",'_"'-'"-"~""'-~'''''''_,_''.'~~'''''""..,"->-,=O~''''_''',",.""",~. .......... ."";..._......., .. ,.....",.~___... 1""""",._..--,.,__ w~..,...._._~....~""",_._~~.........",,- .." 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. ... .u.~.____"_~. ..._,._,".., ". ..._...,. ~~_'_.._"_'" ._., . ._ _",.._"'""_......._...'~..,..~.,_....., _ ,~. 0' ~.>.._b___c".,_.,...~.~~.>.~..=__..~~.._.~""""'~_."...,_.~.,_~_..< .-,------<"-~~-~.~ ----...... -fli 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 L, <__ '.w -___ _~-,~_~",.";_;",,~,,,,_,___,_.,,_,,'~_~_"~~~~~~~~>~~.'"~____~~.'_."'_'.._.".,'_,,<._ c " 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. ".... ^ "",~ _._..,...~__~__"'"'.~""""-'-~..~~.............."""""'""'-"'.>,~""."."."'>-".d._='-",""'~~,.'"~'""~.~"__.~^ ,_'",.~..."",,~,,_"__ .'0" ""'_"-"-'~""'~~,-""""~"" 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. " .,.. '""_.0 =-r rr!rTIlI 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 ........ "..... --