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Home My WebLink AboutAgenda Report - April 17, 1985CM. NC`. 1352 Ayes: ADOPTED Noes: Council Members - Pinkerton, Olson, Reid, Snider & Hinchman (Mayor) Council Members - None Absent: Colancil Members - None ITY OCUNCIL b=ING 3 '� � mac„} ^d* �3'�Cti ': L1 1 _ • a �j � I � 7 1985'M J,. C�INANCE AM,MING Ordinance No. 1352 - An Ordinance Amending Chapter 15 to add CHAPTER 15 TO ADD a new section regarding solicitors and peddlers and amending A NEW SECTICN RE Chapter 12, Section 12-1 (h) having been introduced at a. SOLICITCES AND regular meeting of the Lodi City Council held April 3, 1985 PEDDLERS ADOPTED was brought up for passage on motion of Council Menber Snider , Reid second, with a minor amendment in Section 12, DEFINITICNS, subsection 2. Second reading of the Ordinance was adopted and ordered to print -by the following vote: CM. NC`. 1352 Ayes: ADOPTED Noes: Council Members - Pinkerton, Olson, Reid, Snider & Hinchman (Mayor) Council Members - None Absent: Colancil Members - None ORDINANCE NO'. 1352 ORDINANCE AMENDING CHAPTER .I5.TO ADD A NEW SECTION _ 'REGARDING SOLICITORS'AND PEDDLERS AAND.AMENDING CHAPTER 12 SECTION 12-1 (h) Section 1. PEDDLER. Peddler shall mean any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any g.aods, wars, merchandise or thing, in the possession of the seller, at any place in the city other than from a fixed place of business, and who does not follow a prearranged fixed route or serve purchasers in the city regularly and continuously. Section 2. SOLICITOR. Solicitor shall mean and be defined as set forth in Section 12-1(h). Section 3.- CERTIFICATE OF IDENTIFICATION. Every person desiring to engage in soliciting/peddling as herein defined from persons in residences and/or from commercial establishments, is hereby required to make written application for a certificate of identification as hereinafter provided of the completed application. Such certificate shall be carried by the solicitor. Section 4. APPLICATION FOR CERTIFICATE OF IDENTIFICATION. Application for a certificate of identification shall be made upon - a form provided by the munic-ipality. The applicant shall truthfully state, in full, the information requested 'on the application to wit: 1. Name and address of present place of residence and length of residence at such address; also business address if other than present address; -1_ .. :lS:H'lVx.xxz+.rc-s+.�:M:Av :s.!F'PM�wi'n3fiF,?.r4 Y.: W...^« .;.... .... ..-•.:-r.r.N.-M'».5>�'!-'x.' P "k. :.: u.:...e__ J..4i"..raseruvMiL3.l.�""'° 4. Physical description of the applicant; 5. Name, and address of the person, firm or corporation or association whom the applicantA s• employed• by or represents; and the length of time of such employment or representation; 6. Name and address of employer during the past three years if other than the present employer; 7. Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; 8. Period of time for which the certificate is applied; 9. The date, or approximate date, of the latest previous application fcr certificate under this ordinance, if any; 10. Has a certificate of identification issued to the ;applicant under this ordinance ever been revoked? 11. Has th.e applicant ever been convicted of a violation of a felony under the, laws of the state or any other state or federal law of the United States? 12. Names of magazines, journals or books; 13. Names of the three most recent communities where the .applicant has solicited house to house; 14. Proposed method of operation; 15. Signature of.applicant; 1.6. Social security number of applicant. 17. Shall present identification with a photograph and. operators license number. -2 77777 All statements made by the applicant upon the application or in 'connection therewith shall be under oath. - The applicant shall submit to fingerprinting by the police department of the municipality in connection with the application for the certificate. All applicants are subject to fingerprinting and photograph at a fee according to the current City Council resolution setting fees and the Department of Justice fee schedule. The Chief of Police or his designee shall keep in their office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of identification issued under the provisions of this ordinance, and of the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued. Upon completion of the application pursuant to this section the Chief of Police or his designee shall issue a certificate of identi.:ication. No certificate of identification shall be issued to any - person who has been convicted of the commission of a felony under the laws of the state or any other, state or federal law of the United.States, within five years of the date of application; nor to any person who has been convicted of a violation of any of the provisions of this ordinance; nor to any person whose certificate of identification issued hereunder has previously been revoked as herein provided. -3- Section 5. REVOCATION OF CERTIFICATE. Any certificate of identification issued hereunder shall be: revoked by the Chief of -- Police if the holder of the certificate is convicted of a violation of any of the provisions of this ordinance, or has made a false material statement in the application, or otherv1se becomes disqualified for the issuance -of a certificate of identification under t;ie terms of this ordinance. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application. Immediately upon the giving of such notice the certificate of identification shall become null and void. The certificate of identification shall state the expiration date thereof. Section_ 6. NOTICE REGULATING SOLICITING/PEDDLING. Every person desiring to securethe protection provided by the regulations pertaining to soliciting contained in this ordinance, shall comply with the following directions, to wit: Notice of the determination by the occupant of refusal of invitation to solicitors and/or peddlers, to any residence or commercial property, shall be given in the manner following: A weatherproof card, approximately three inches by four inches in size, shall be exhibited upon or near the main entrance door to the residence or commercial establishment, indicating the determination by the occupant, containing the applicable words as follows: -4- "No Solicitors/Peddlers Invited" Section 7. DUTY OF SOLICITORS/PEDDLERS If the notice states "No Solicitors/Peddlers Invited", then the solicitor/peddler shall immediately and peacefully depart from premises. Any solicitor/peddler, who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. Section R. UNINVITEDSOLICITINC.PEDDLING PROHIBITED. It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract` the attention of the occupant of such premises, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, in defiance of the notice exhibited at the premises in accordance with the provisions of Section 7 of this ordinance. Section 9. PENALTY. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be considered guilty of a misdemeanor. pursuant to Chapter 12 of the Lodi City Code. Section 11. EXEMPTIONS -GENERALLY. Persons in the categories set out in Section 12-10 to 12-14 of the Lodi City Code shall be exempt from the payment of a certificate of identification fee,but-shall be required to obtain and display 'a certificate of identification which certificate shall be issued free of charge by the Chief of Police or his designee. (Ord. No. 375 and 377) 3. Obtain. gifts or contributions of money, clothing ,or any other valuable thing - for'the support or"benefit of any charitable or nonprofit association, organization, corporation, or project. (Ord. No. 375 and 326) The definition shall not include salesmen or agents for wholesale - houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies, or newspaper carriers. Section 13_ - All ordinances and parts of ordinances_ in conflict herewith are repealed insofar as such conflict may exist. Section 14. - This ordinance shall be published one time in the "Lodi News Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi and shall be in force and take effect thirty days from and after its passage and approval. Approved this 17th day of April, 1985 Name ------------- ------------- MAYOR Attest: ALICE M. REIMCHE City _Clerk State of California County of San Joaquin, ss. -7- Absent: Council Members - None Abstain: Council Members None I further certify that Ordinance No. and signed by the Mayor on the date the same has been published pursuant 1252 was approved of its passage and to law. uo 4)�� ALICE D,1. RE IMCHE City Clerk