Loading...
HomeMy WebLinkAboutD-2427-18 Amends Background Check Requirements for Vendors for Solicitation ActivitySPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green ORDINANCE NO. D-2427-18 AN ORDINANCE OF THE COMMON COUNCIL CITY OF CARMEL, INDIANA, AMENDING CHAPTER 4, ARTICLE I, DIVISION III, SECTION 26 OF THE CARMEL CITY CODE Version B Synopsis: Amends background check requirements for vendors, exemption and time limitation provisions for solicitation activity. WHEREAS, the City of Carmel, Indiana ("City") has the power and authority, pursuant to Indiana Code § 36-8-2-4 and its general police powers, to regulate conduct on and the use of property in order to protect public health, safety, and welfare; and WHEREAS, Chapter 4, Article I, Division III, Section 26 of the Carmel City Code regulates door-to-door solicitation within the corporate boundaries of the City; and WHEREAS, the Common Council of the City of Carmel, Indiana, now finds that it is the public interest to update its door-to-door solicitation policy and procedures and to create a City "No -Knock" list for residents of the City who do not want commercial solicitation on their private property; WHEREAS, these amendments to Section 4-26 of the Carmel City Code streamline the process for commercial solicitors to obtain a City door-to-door solicitation permit and further the City's objective of protecting the health, safety and welfare of City residents, as well as the right of City residents to enjoy privacy, quiet, and repose on their private property, while also protecting the First Amendment right of commercial solicitors to, subject to reasonable time, place, and manner restrictions, engage in the in-person solicitation of potential customers. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Carmel City Code Section 4-26 is hereby amended and shall read as follws: "(a) Definitions. Whenever used in this Chapter, the following words and phrases shall be defined as herein stated below: Door -to -Door Solicitation. Shall include all methods and means of selling commercial products, services or property within the corporate limits of the City of Carmel, Indiana Carmel, Indiana ("City"), by and through uninvited in-person solicitation of persons located on residential property. Ordinance No. D-2427-18- Version B Page One of Seven This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green Vendor. Any person, partnership, corporation, company, organization or entity who is engaged in the selling, peddling, merchandising or brokering of products, services or property to the general public for a commercial purpose. (b) Licensing. (1) Any Vendor who desires to engage in Door -to -Door Solicitation shall fust obtain from the Carmel Police Department a non -transferable Door -to -Door Solicitation license ("License") permitting such activity by Vendor and/or by Vendor's employees and/or agents. (2) The Carmel Police Department shall provide to any person, upon request, a Door -to -Door Solicitation Vendor application form ("Application") to be completed by a Vendor and submitted to the Carmel Police Department for review and approval by the Chief of Police, or his designee. The Application shall require the following: (a) Information about the Vendor and the Vendor's business, the authority of the Vendor to transact business within the State of Indiana, and the nature of the Vendor's proposed Door -to -Door Solicitation. (b) The Application shall require a Vendor to list the name of every employee and agent who will be involved in Door -to -Door Solicitation pursuant to a License issued to the Vendor under this Section, and the Vendor shall affirm thereon that none of the same has a felony or misdemeanor conviction within 10 years of the application date for a crime of dishonesty, fraud, theft, violence, and/or moral turpitude. (c) Each Vendor, and each employee and agent of said Vendor who is involved in Door -to -Door Solicitation pursuant to a License issued to the Vendor under this Section, shall also provide a valid government issued photo ID and signed release authorizing the Carmel Police Department ("CPD") to run a criminal history report on the same. For each employee and/or agent requiring a criminal history report, the Vendor shall pay a non-refundable criminal history report fee of $20 to off -set the costs of obtaining the criminal history report on such individual by the CPD. Juvenile employees and agents of a Vendor shall also provide a copy of their work permit as issued by the State of Indiana. If any Vendor, or any employee or agent of said Vendor who is named in the Application is found to have a felony or misdemeanor conviction within 10 years of the Application date for a crime of dishonesty, fraud, theft, violence and/or moral turpitude, the Chief of Police may require said Vendor, employee or agent to deliver an official copy of any records reasonably related to such conviction. Ordinance No. D-2427-18 Version B Page Two of Seven This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green (d) The name, address and telephone number of the Vendor's contact person (e) A License fee, in accordance with section 4-26(b)(3). (3) A License and a non -transferable identification card shall be issued to a Vendor by the Chief of Police, or his designee, after the approval of such Vendor's Application and the payment of a License fee. The License fee shall be $15 for a 10 -day License, $90 for a 120 -day License, or $180 for a 1 year License. Upon receipt of a License, a Vendor must also purchase from the Carmel Police Department, at the cost of $3 each, non -transferable identification cards for each employee agent of Vendor listed on Vendor's Application and for whom the Chief of Police has confirmed has no felony or misdemeanor conviction within 10 years of Vendor's Application date for a crime of dishonesty, fraud, theft and/or moral turpitude. (4) The decision as to whether an Application is approved or denied shall be made by the Chief of Police within 10 days from the date the Application is submitted to the Carmel Police Department for processing. (5) Vendor, and each of Vendor's employees and agents, shall openly display upon his or her person the identification card issued by the Carmel Police Department whenever engaging in Door -to -Door Solicitation. (6) If, while any Application is pending, or during the term of any License granted thereon, there is any substantial change in fact, policy or method that would materially alter any of the information set forth in the Application, the applicant shall notify the Police Chief, in writing, of the same within seventy-two (72) hours of Vendor's notice of such change. If an applicant or licensee fails to so notify the Police Department, any License issued to the applicant and/or Vendor shall be suspended and/or revoked pursuant to Section 4-26(d), below. (c) Restrictions on License/ Door -to -Door Solicitation. (1) Door -to -Door Solicitation by Vendors may only be conducted in the City between the hours of 9:00 a.m. and dusk, local time. (2) Subject to earlier revocation, pursuant to this Section, a License, as well as any identification card(s) issued therewith, shall be valid for exactly 10 days, exactly 120 days, or exactly 365 days, as applicable, from the date the License or identification card is issued, and shall thereafter immediately expire and become null and void. Ordinance No. D-2427-18 Version B Page Three of Seven This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green (3) Vendor, and Vendor's employees and agents, shall comply with all applicable federal, state and local laws and regulations while engaging in Door -to -Door Solicitation. The issuance of a License and identification card does not empower a Vendor or any of a Vendor's employees and agents to ignore "no solicitation" signs or to fail to immediately abide by otherwise lawful requests to not trespass on private property. (d) License revocation or denial. (1) If the Chief of Police determines that one or more of the following apply to a Vendor and/or to any employee or agent of a Vendor who applies for a License or who is involved in Door -to -Door Solicitation, then the Chief of Police shall deny the Application and/or revoke an issued License and/or identification card(s) relating thereto, as applicable under the circumstances: a) Vendor has submitted an Application that contains materially false or misleading information; b) Vendor, or an employee or agent of the Vendor, has been, within 10 years prior to the date of Vendor's Application submission date, while an Application is being processed, or after an Application has been approved, convicted of a felony or misdemeanor crime of dishonesty, fraud, theft and/or moral turpitude; c) Vendor or any of Vendor's employees or agents has violated this Section; d) Vendor or any of Vendor's employees or agents has failed to properly display his or her identification card while engaged in Door -to -Door Solicitation; e) Two or more written and sworn complaints have been delivered to the Carmel Police Department regarding allegedly untruthful or illegal conduct concerning Vendor or Vendor's employees or agents during his/her Door -to -Door Solicitation; f) Vendor or any of Vendor's employees or agents has contacted a resident in violation of this Section. (2) All License and/or identification card denials/revocations shall be in writing, shall state thereon the effective date of the denial/revocation and the reason for same, and shall be served by U.S. certified mail or by personal service on Vendor at Vendor's address as contained in the Application. Ordinance No. D-2427-18 Version B Page Four of Seven This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green (3) Any Vendor, within 20 days from the date on which notice of such Llicense and/or identification card denial or revocation notice is served thereon, may by written request made and delivered to the Chief of Police within such time period, appeal such action to the Carmel Board of Public Works and Safety ("Board"). If a timely appeal is not made, the decision of the Chief of Police is final. If a timely appeal is made, the Board shall hear the appeal at a public hearing which shall begin no more than 20 days from the date of the receipt of the appeal request by the Chief of Police. The Board shall issue its written decision on the appeal no more than 10 days from the ending date of the hearing thereon, which Board decision shall be final. (4) No Application, License or identification card fees shall be returned or refunded upon the revocation of a License and/or identification card issued pursuant to this Section, all such monies being deemed forfeited. (e) Penalties. (1) Any person who engages in Door -to -Door Solicitation in violation of this Section shall be subject to a fine of $400 for each such violation, each day in which said violation occurs constituting a new offense. (2) The City may seek a temporary and/or permanent restraining order against any Vendor and/or any employee or agent thereof in any court of competent jurisdiction. (3) The City's remedies hereunder shall be cumulative and pursuit of one remedy shall not preclude the pursuit of others under this section or otherwise. (4) Willful or intentional disregard of this Section shall, to the full extent permitted by law, entitle the City to collect from the violator the City's attorney fees, court costs, litigation expenses, and all other reasonable costs and expenses incurred in obtaining a restraining order and/or any other enforcement remedies against same. (f) Severability clause. If any paragraph, sentence or other part of this Section shall, for any reason, be adjudged invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invalidate the remainder of this section, but shall be confined in its operation to the paragraph, sentence or other part thereof which is directly involved in the controversy in which such judgment is rendered. (g) Effect and scope. The adoption of this Section by the City, and the licensing of any Vendor hereunder, shall not constitute an endorsement or approval of the cause, goods, property and/or services represented or provided by, nor the product of any person engaged in Door -to -Door Solicitation within the City's corporate limits or otherwise." Ordinance No. D-2427-18 Version B Page Five of Seven This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green Section 3. The remaining provisions of Carmel City Code Sections 4-26 are not affected by this Ordinance and shall remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. PASSED by the Co o Council of a City of Carmel, Indiana, this &Tday of �U� , 2018, by a vote ofM ayes and nays. ��C ON IL FOR THE CITY OF CARMEL, IN-DIIANA Kevin D. Rider, President /I Sue Finkam Laura D. Campbell onald E. Carter Ordinance No. D-2427-18 Version B Page Six of Seven H. Bruce Kimball 06) This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Worrell, Carter, Finkam, Campbell, Kimball, Green A 7 dfffistine S. Pauley,Clerk-Treasurer Iva esented by me to the Mayor of the City of Carmel a this ju- of 1�11� 2018, at A Q.M. r stine S. Pauley, Jerk -Treasurer Approved b me, Mayor of the City of Carmel, Indiana, this day of Flu n 2018, at M. , Brainard, Mayor Ordinance No. D-2427-18 Version B Page Seven of Seven This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on April 27, 2018 at 4:00 p.m. Ordinance No. D-2427-18 -Version B has been reviewed by the aforementioned legal counsel on June 18, 2018 at 12:42 p.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise.