ORDINANCE NO. 90-09
AN ORDINANCE AMENDING CHAPTER 836 OF THE BUSINESS REGULATION
AND TAXATION CODE OF THE CITY OF AVON AS IT PERTAINS TO PEDDLERS
AND SOLICITORS ON PUBLIC PROPERTY
AND DECLARING AN EMERGENCY
WHEREAS, the City Administration and Members of Council continually receive inquiries from residents about peddlers of frozen treats and desserts conducting their activities on city streets in their neighborhoods; and
WHEREAS, it is the desire of this Council, in order to better regulate and identify these peddlers and to inform them of areas where their activity is strictly prohibited; and
WHEREAS, it is further the desire of this Council to amend Sections 836.02 and 836.03(d)(1) to permit peddling of frozen treats, desserts and the like in certain locations within the city and on certain public property under strictly prescribed conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVON, COUNTY OF LORAIN, AND STATE OF OHIO:
Section 1 - That Section 836.02, shall be amended to read as follows: (New language in bold print).
836.02 SALES ON PUBLIC PROPERTY PROHIBITED.
No person shall, on any public street, alley, drive, lane, thoroughfare, court, highway, boulevard or on the sidewalks thereof, peddle or solicit the sale of any merchandise, wares, goods, foods, periodicals or other articles of value for present or future delivery except as provided in Section 836.03 herein.
Section 2 - That Section 836.03 shall be amended to read as follows: (New language in bold print or underlined).
836.03 PEDDLING OR SOLICITING ON PRIVATE OR PUBLIC PROPERTY; PERMIT REQUIRED; PROHIBITED ACTIVITIES; CANVASSING.
(1) No peddler or solicitor shall peddle or solicit within the City, unless he or she is the holder of a valid permit issued pursuant to this Chapter.
A, The peddler or solicitor must be in actual possession of said permit; it must be displayed on their person in a way that makes it readily discernable to the property owner or the general public.
B. The peddler or solicitor must be in actual possession of a copy of the City's "No Knock" registry and Section 1246.04(e). (See §836.031 and §836.03(c)(5) respectively, below).
(b) Application: Fee: Permit: Registration.
(1) Any person seeking a permit in conformity with this chapter shall obtain an application for same from the Police Department and shall submit the completed application to such department on a form supplied by the Chief of Police which shall contain the following information:
A. Full name of the applicant.
B. Date of birth of the applicant.
C. Local address, if any.
D. Permanent home address.
E. Taxpayer Identification Number for tax purposes.
F. A description of the nature of the business and the goods, wares, merchandise, property, and/or services to be sold or, as applicable, the reason for soliciting funds.
G. Telephone number of the applicant.
H. An indication of the streets to be peddled or solicited along with dates and hours of peddling or solicitation for each respective street or area.
I. Whether the applicant has ever been convicted of a crime and, if so, where and the nature of the offense and the punishment or penalty imposed therefore if any or whether the applicant has ever had a license issued by any authority revoked and the reason for said revocation.
J. Any licenses and/or permits required to be issued by any other governmental agency in connection with the sale of the merchandise in question.
J.K. Such other information as the Department may by rule require in order to protect the public health safety and/or general welfare.
(2) All permit applications shall be referred to the Director of Public Safety who shall, within five (5) days after receipt of the completed application, issue permits to the solicitors or peddlers unless he finds that:
A. The applicant has provided false, misleading or deceptive information in his application; and/or
B. The applicant or any solicitor or peddler named on the permit application has been convicted of a felony violation or misdemeanor violation involving fraud or moral turpitude within the past five (5) years.
(3) Any permit issued under this Chapter shall be valid for not more than ninety (90) days.
(4) Each applicant shall pay a non-refundable permit application fee of Ten Dollars ($10.00), which fee shall be paid to the Director of Public Safety at the time the permit is issued.
(5) Upon issuance of the permit, the peddler and/or solicitor shall be issued a current copy of the City's Peddler, Solicitors and Canvassers "No Knock Registry" as established by Section 836.031 below, together with a copy of Section 836.04 "Resident Prohibition by Notice" and a copy of Section 1246.04(e) identifying arterial and collector streets within the municipality.
(6) Once issued, a permit may be used only in conformity with the laws of the City and the State of Ohio; may not be assigned or transferred; must be carried by the permitee at all times; and may be revoked or suspended by the Director of Public Safety or their designee for any of the following causes:
A. The permitee or person preparing the application on behalf of the permitee provided false, misleading or deceptive information in the permit application.
B. The permitee is convicted of a felony or of a misdemeanor involving fraud or moral turpitude.
C. The permitee violates any provision of this Chapter or peddles or solicits in an unlawful manner.
(c) Restrictions: Hours: Conduct. Every person, whether a peddler, solicitor or canvasser, as that term is defined in this Chapter, shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this Chapter shall peddle or solicit except between the hours of 10:00 a.m. and 7:00 p.m. or sunset, whichever is later, Monday through Saturday; nor shall such person peddle or solicit on Sunday or any legal state or federal holiday.
(2) No peddler, solicitor or canvasser shall enter or attempt to enter a residence, house, apartment or other dwelling in the City without an express invitation from an adult occupant of the residence, house, apartment or other dwelling.
(3) No peddler or solicitor shall engage in any peddling or solicitation other than that specified in the permit application.
(4) No peddler, solicitor or canvasser shall by any device make unlawful noises, nor shall any peddler, solicitor or canvasser remain at the residence, house, apartment or other dwelling in the City without the consent of an adult occupant of the residence, house, apartment or other dwelling in the City.
(5) No peddler or solicitor operating out of a motor vehicle shall be permitted to peddle or solicit on any arterial or collector streets as defined by Section 1246.04(e) of the Codified Ordinances.
(d) Canvassing. Canvassers, although not required to obtain a permit, must obtain a copy of the City's "No Knock" registry from the Avon Police Department or from the City's website prior to going door-to-door. Failure to be in actual possession of said registry while canvassing in the City of Avon shall constitute a violation of this section.
Section 3 - That it is found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
Section 4 - That this Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety and welfare of the citizens of the City of Avon, the immediate emergency being the necessity to adopt changes to Chapter 836 of the Codified Ordinances of the City of Avon as they pertain to peddling and soliciting on public and private property; therefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor.