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HomeMy WebLinkAboutD-1206-96 Amend Door-to-Door OrdOrdinance D- 1206-96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIAN& AMENDING CHAPTER 4, ARTICLE 1, DIVISION III, SECTION 4-26, OF THE CARMEL CITY CODE ENTITLED "DOOR-TO-DOOR VENDORS". WHEREAS, ',he Carmel City Code (the "City Code"), Chapter 4, Article 1, Division III, Section 4-26, outlines provisions for Door-To-Door Vendors; and WHEREAS, Section 4-26 currently does not exempt from its application, any person or entity other than a Carmel/Clay resident minor; and WHEREAS, the Common Council recognizes the benefit of furthering philanthropic, charitable and other efforts which benefit society. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel that Chapter 4, Article 1, Division III, Section 4-26 of the Carmel City Code be amended as follows: I. 4-26 (a) DEFINITIONS. A. The definition of "VENDOR" in subsection 4-26 (a) (1) is hereby deleted in its entirety and replaced with the following: "(1) VENDOR. Any person, partnership, sole proprietor, corporation, business, or other entity engaging in the activity of selling, soliciting, canvassing, peddling, merchandising, promoting, or otherwise brokering products or property, whether real or personal, tangible or intangible, to the general public." B. The definition of "DOOR-TO-DOOR" in subsection 4-26 (a) (2) is hereby deleted in its entirety and replaced with the following: "(2) DOOR-TO-DOOR. The method of vending products or property by solicitation of sales, contributions, support, endorsements, or other benefits, from Carmel residents, occupants, or tenants, by going to their residence door and seeking such benefits without having been invited to do so." C. Subsection 4-26 (a) is hereby amended to include the following definition of EXEMPT PERSONS: "(3) EXEMPT PERSONS. Cannel/Clay resident minors and any not-for-profit or non-profit any persons or orga~zations w~ch, pursuant to Indiana State Law, '.are to be exempt from loc~ licensing and bonding requirements of a vendor as set Bnh herein. ~ II. III. IV. 4-26 (b) LICENSING. A. Subsection 4-26 (b) is hereby amended to include an additional provision as follows: "(5) Each Exempt Person (other than a Carmel/Clay resident minors) desiring to engage in door- to-door activity shall first deliver to the office of the Clerk-Treasurer the following information: Principal place of business address; description of the nature of the business; proof of exempt status reasonably satisfactory to the Clerk-Treasurer; copies of all written information which is intended for distribution to the public; the anticipated time frame (days, weeks, etc.) and duration of the door-to-door activity; and a list of names of all persons who will be representing the Exempt Person. The Exempt Person shall cause those persons representing it to display in conspicuous view while engaging in the door-to-door activity, an I.D. card, issued by the Clerk- Treasurer, identifying the name of the Exempt Person. The Clerk-Treasurer shall issue the I.D. cards within five (5) business days of receipt of the required information." 4-26 (c) RESTRICTIONS ON LICENSE. A. Subsection 4-26 (c) (1) is hereby deleted in its entirety and replaced with the following: "( 1 ) Each licensee and Exempt Person shall be restricted to conducting door-to-door activities between the daytime hours of 9:00 a.m. and 9:00 p.m. during any weekday or weekend day." B. Subsection 4-26 (c) is hereby amended to include an additional provision as follows: "(4) Exempt Persons shall comply with all Ordinances of the City of Carreel, Hamilton County, Indiana, and Statutes of the State of Indiana as it conducts door-to-door activity." 4-26 (d) REVOCATION OR REFUSAL TO LICENSE. A. Subsection 4-26-(d) is hereby amended to'include an additional provision as follows: "(4) If the Clerk-Treasurer determines that the Exempt Person has caused any of the following, then the Clerk-Treasurer shall notify the Executive or his/her designee, who shall cause the Exempt Person to either cease the door-to-door activity or to apply for a license as a Vendor: (i) Delivered false or incomplete information as required in subsection 4-26 (b) (5); and/or (ii) Violated subsection (b) (5) or (c)(4) of this Section or violated any other Ordinance of the City of Carreel. All decisions made by the Executive or his/her designee shall be made in writing and delivered to the Exempt Person at the address provided to the Clerk-Treasurer pursuant to subsection (b)(5). Any decision by the Clerk-Treasurer that an applicant is not an Exempt Person as defined hereunder, any decision to require cessation of door-to-door activity or to require application for a license may be appealed to the Board of Public Works and Safety.if notice of appeal is given to the Executive or his/her designee within seven (7) days of the applicant's receipt or refusal of the Clerk-Treasurer's determination that it is not an Exempt Person (in the case of an Exempt Person), or the Exempt Person's receipt or refusal of a decision to cease activity or apply for a license. v/ B. Subsection 4-26 (d) is hereby amended to include an additional provision as follows: "(5) The Board of Public Works and Safety shall hear any properly requested appeal at a regularly scheduled meeting within fit~een (15) business days following receipt of such appeal ..... appeal or at its an appealed decision, the decision issued by the Clerk-Treasurer or the Executive (or the Executive's designee) shall govern."3 V. 4-26 (e) PENALTIES. A. Subsection 4-26 (e) is hereby amended to include an additional provision as follows: "(5) Subsection 4-26 (e) (2) (3) and (4) shall likewise apply to Exempt Persons." 4-26 (f) APPLICATION FOR LICENSE, BOND AND FEES. A. Subsection 4-26 (f) (4) is hereby deleted in its entirety. .___ VII. 4-26 (h) EFFECT AND SCOPE. A. Section 4-26 is hereby amended to include subsection (h) as follows: "(h) EFFECT AND SCOPE. The adoption of this Subsection by the City of Carmel (the "City") shall in no way constitute an endorsement or approval of Exempt Persons engaged in door-to- door activity on public or private property within the City of Carmel. These provisions are adopted only to protect the health and welfare of the citizens of the City of Carmel and shall be equally applied to all Exempt Persons engaged in door-to-door activity." PASSED AND ADOPTED by the Common Council of the City of Carmel, Indiana, this __~, 1996. dayof P~ent, Common Council ATTEST: Clerk-Treasurer ( Presented by me to the Mayor of the City of Carmel this _~_~__ day of ,~ mIf/ 'f) > /armrid s Brainard, Mayor, City 6'f C i~a · 1996 at f/P/4q o'clock. AT~ ~~~ Clerk-Treasurer