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HomeMy WebLinkAboutAgenda Report - July 24, 1985 (119)PEDDLERS/SOLICITORS ORDINANCE AMRd OiTS URGENCY ORDINANCE NO. 1361 ADOPTED " Council was reminded that at the Shirtsleeve Session of July 16, 1985, the Council reviewed two reccmmmended amendments to the City's Peddlers/Solicitors Ordinance. These amendments deal with the elimination of the R.: ;. exemption of certain individuals and organizations from the payment of the certificate of identification fee, and the language used on any sign giving disallowance of , peddlers/solicitors. Following discussion, with questions being directed to Staff, Council, on motion of Council Member Snider, = Pinkerton second, adopted Urgency Ordinance 1361 - An Ordinance Amending Ordinance No. 1361, Sections 6, 7, �= and 11 of the Lodi Municipal Code. { C �7 F5 Rr J t. ' e ;E s< w k OUNCIL COMMUNICATIAN TO: THE CITY COUNCIL DATE NO. FROM :THE CITY MANAGER'S. OFFICE July 24, 1985 SUBJECT: Peddlers/Solicitors Ordinance Amendments RECOMMENDED ACTION: That the City Council review Ordinance No. 1352 (Peddlers/Solicitors) and take action on the proposed amendments as deemed appropriate. BACKGROUND INFORMATION: At the City Council's "Shirtsleeve" session of July 16, the Council reviewed two reccmrended amendments to the City's Peddlers/Solicitors Ordinance. These amendments deal with the elimination of the es;enption of certain individuals and organizations fr(n the payment of the certificate of identification fee, and the language used on any sign giving disallowance of peddlers/solicitors. Attached is a copy of the memo prepared by the City Attorney and distributed to the City Council earlier. ►, .fiOUNCH. VONIMITNIVATION (1) The Section 11 provision which exempts various individuals and organizations (religious and charitable, fixed route delivery, etc.) frau payment of the certificate of identification fee as set out in Section 12-10 to 12-14. (2) The language on the sign itself - giving notice of disallowance of peddlers/ solicitors. As to (1) , the . exemption, the cost to the City of the processing of a certificate of identification is approximately $22.50 of which $17.50 goes to the State with the fingerprints and the remaining $5.00 is our cost of processing. There certainly appears to be no reason why every person or organization should not be required to pay this amount, and therefore, we would ask to have this exemption language deleted. Further, there have been questions as to whether this is an "undue burden on interstate cannerce", and it would be my opinion that the valid governmental purpose in requiring the certificate of identification in order to protect our citizens, and further to require the individuals requesting peddlers/ solicitors licenses to carry same and pay for the cost of processing same, is not an undue burden on interstate ccmnerce. As to (2), the issue of a sign giving notice of an individual's desire not to have a peddler/ solicitor come to their door, it has been found that it is almost impossible to find a sign that reads "No Solicitors/ Peddlers Invited" as spelled out in the ordinance, and therefore I would ask that the ordinance be amended so as to require sane applicable prohibitive verbage, but not spelling out the exact wording that must be used. RONALD M. City Attorney R4s:vc attachment SECTION 1. Ordinance 1352, Section 6 is hereby amended to read as follows: "Section 6. NOTICE REGULATING SOLICITING/PEDDLING. Every person desiring to secure the 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 commPrc_-.1 property, shall be given in the mariner following: "A weatherproof sign shall be exhibited upon or near the main entrance door to the residence or commercial establishment, indicating and giving notice of the determination by the occupant containing the applicable prohibitive language such as, but not limited to, words as follows: -1- "Section 7. DUTY OF SOLICITORS/PEDDLERS. If the notice states "No Solicitors/Peddlers Invited" or other applicable prohibitive word, 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 3. Ordinance 1352, Section 11 "EK9,1PTIONS-GM4EMLLY" is hereby deleted in its entirety. SECTION 4. All ordinances and parts of ordinances in conflict herewith are rep.!aled insofar as such conflict may exist. SECTION 5. This urgency 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. -2- Approved this 24th day of July, 1985 MAYOR Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Rei-ahe, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1361 was adopted an an Urgency Ordinance at an adjourned regular meeting of the City Council of the City of Lodi held July 24, 1985 and was thereafter ordered to print by the following vote: Ayes: Council Members - Olson, Pinkerton, Reid, Snider, and Hirschman (Mayor) Noes: Council Members - None Absent: Council M ffbers - None Abstain: Council Members - None I further certify, that Ordinance No. 1361 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. REIMCHE City Clerk Approved as to Form RONALD M. STEIN City Attorney ORDINANCE NO. 1352 ORDINANCE AMENDING CHAPTER 15 TO ADD A NEW S ECT I ON REGARDING SOLICITORS AND PEDDLERS AND AMEA.DING 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 goods, wares, 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 municipality. The applicant shall truthfully state, in full, the information requested on the application, to wit: 1. Name and aduress of present place of residence and length of residence at such address; also business address if other than present address; -1- 2. Addressof. `place of residence during the past three years if other than present address; 3. Age of applicant and date of birth; 4. Physical description of the applicant; 5. Name and address of the person, firm or corporation or 4 association whom the applicant is employed by or represents; and 4 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 for certificate under this ordinance, if any; 10. Has a certificate of identification issued to the applicant under this ordinance ever been revoked? 11. Has the applicant ever been cul,. cted of a violation of a felony under the !aws 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; 16. Social security number 'of applicant. 17• Shall present identification with a photograph and operators license number. -2- l 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 certifica`_es of identification issued under the provisions of this ordinance, and of the denial of applications. Applications fo.r 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 identification. 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. � y i 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 otherwise becomes disqualified for the issuance of a certificate of identification under the 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 secure the 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_..car , apgDo- ' t e hes b four--- Lache­s--i,ri,­ss, shall be exhibited upon or near the main entrance door to the residence or commercial establishm nt, indicatin the V 21 determination by the occupant, a-inrn t-he—applica le rr s as /C -__ i 11' No Solicitors/Peddlers Invited"� J No law )OEP Section 7. DUTY OF SOLICITORS/PEDDLERS. If the no 'ee states "No c1� 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 depar7 from the premises when requested to do so by the occupant. Section 8. UNINVITED SOLICITING.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 k 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. Section 10. APPLICATION FEE. At the time of filing an application for a certificate of identification, the applicant shall pay a fee in accordance with the following: For each certificate of identification, a sum as adopted from time to time by resolution of the City Council. -5- Fees prescribed heretofore in this ordinance shall be in addition to any other lawful fees imposed by the City of Lodi for doing or conducting business within the City of Lodi and does not exempt an individual or entity from obtaining a business license pursuant to Chapter 12 of the Lodi City Code. Section 11. EXIM.7PTIONS-GENERALLY. Persons 'n the categories set out in Section 12- to 2-14 of the i Ci y Code shall be exempt from the pa t of certificate f iden fication ee, but shall be requir to obt in and. d' lay a ce tificat of identification whit certificat shall a issued fre of arge by the Chief of rice or his de ee. (Ord. No. 37 d 377) Section 11. AMEND CHAPTER 12, Section 12-1. DEFINITIONS (h) (h) Solicitor. Solicitor shall mean any person who sells or takes orders, or offers to sell or take orders for any goods, wares, merchandise or thing, for future delivery, or for services to be performed, at any place in the city other than a fixed place of business, and who does not follow a fixed route or serve prospective purchasers in the city regularly or continuously, or any person seeking to: 1. Obtain prospective customers for applicaiion or purchase of insurance of any type, kind or publication; or 2. Obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication y 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 l - All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. Section 04. - 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 hake effect thirty days from and after its passage and approval. Approved this 17th day of April, 1985 Name _ Attest: ALICE M. REIMCHE City Clerk State of California County of San Joaquin, ss. I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1352 was - introduced at a regular meeting of the City Council of the City of Lodi held April 3, 1985 and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held April 17, 1985 by the following vote: Ayes: Council Members - Pinkerton, Olson, Reid, Snider, a Hinchman (Mayor) Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None I further certify that Ordinance No. 1352 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. ALICE M. RE IMCHE City Clerk A roved to form RO. LD M. STEIN City Attorney