Loading...
HomeMy WebLinkAboutD-2431-18 Amends the definition of Vendor Solicitation ActivitySPONSOR(S): Councilor Rider ORDINANCE NO. D-2431-18 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 A Synopsis: Amends the definition of Vendor for solicitation activity. WHEREAS, the City of Carmel, Indiana ("City") has, pursuant to Indiana Code § 36-8- 2-4 and its general police powers, the power and authority to regulate conduct, or use or possession of property, that might endanger the public health, safety, or 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, on June 18, 2018, the Common Council of the City of Carmel, Indiana, through its Ordinance No. D-2427-18 , amended Carmel City Code Section 4-26 in order to streamline the process for commercial solicitors to obtain a City door-to-door Solicitation license, and to further the City's objective of protecting the public health, safety and welfare, as well as the right of City residents to enjoy privacy, quiet, comfort and repose at their places of residence, while also protecting the First Amendment right of commercial solicitors to engage in the in-person solicitation of potential customers, subject to reasonable time, place and manner restrictions; and WHEREAS, the City has a substantial governmental interest in preventing fraudulent or criminal activities which may result from unregulated door-to-door commercial solicitation and in protecting the privacy, quiet, comfort and repose of its residents; and WHEREAS, Ordinance No. D-2427-18 required all residential door-to-door commercial solicitors to obtain a Door -to -Door Solicitation License ("License") prior to engaging in residential door-to-door solicitation within the corporate boundaries of the City; and WHEREAS, in so doing, Ordinance No. D-2327-18 had the unintended consequence of requiring the City to conduct a nationwide criminal history search on each of a residential door- to-door commercial solicitor's minor employees and agents who were to engage in residential door-to-door solicitation within the City's corporate limits prior to approval of that solicitor's License; and WHEREAS, in the interests of administrative efficiency and economy, and recognizing the public policy concerns, difficulties, and delays involved in the release of juvenile records, it is appropriate for the City, as part of a solicitor's License approval process, to only require nationwide criminal history searches of those residential door-to-door commercial solicitor employees and agents who are to engage in residential door-to-door solicitation within the City's corporate limits and who are eighteen (18) years old or older; and Ordinance No. D -2431 -18 -VERSION A Page One of Four This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on July 16, 2018 at 9:00 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilor Rider WHEREAS, for this reason, the definition of "Vendor" in City Code Section 4-26 should be amended to remove therefrom those residential door-to-door commercial solicitor employees and agents who are to engage in residential door-to-door solicitation within the City's corporate limits and who are less than eighteen (18) years of age. 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 follows: "(a) Definitions. Whenever used in this Chapter, the following words and phrases shall be defined as herein stated below: Vendor. Any person, partnership, corporation, company, or organization whose employees or agents are or will be engaged in the Door -to -Door unsolicited selling, peddling, merchandising or brokering of products, services or property to the general public for a commercial purpose within the City's corporate limits and such employees or agents are eighteen (18) years of age or older. This definition does not apply to any person or entity engaged in protected religious or political speech or activity or who, due to the pre-emption of applicable federal or state law, is exempt from local licensing requirements. (b)(2) (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. 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 -2431 -18 -VERSION A Page Two of Four This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on July 16, 2018 at 9:00 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilor Rider 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. SO ORDAINED AND APPROVED by the Common Council of the City of Carmel, Indiana, this tel day of Sv rr-, 2018, by a vote of -&— ayes and 0_ nays. �,CPIMON CgVVIL FM THE CITY PKARMEL, INDIANA D. Rider, President Sue Je Worrell, Vice -President An on en Laura D. Campbell H. Bruce Kimball nald E. Carter E Christine S. Pauley Jerk -Treasurer Ordinance No. D -2431 -18 -VERSION A Page Three of Four This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on July 16, 2018 at 9:00 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilor Rider Presented me to the Mayor of the City of Carmel, Indi a this // day of 2018, at _/�_.M. Ctristine S. Pauley, Clerk-Treasu Approved by me, Mayor of the City of Carmel, Indiana, this of j N 2018, at J es Brainard, ayor TE isjre S. Pauley, �lerk-Treasurer Ordinance No. D -2431 -18 -VERSION A Page Four of Four This Ordinance was prepared by Douglas C. Haney, Corporation Counsel, and Ashley M. Ulbricht, City Attorney, on July 16, 2018 at 9:00 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney or Ms. Ulbricht for legal sufficiency or otherwise.