Loading...
HomeMy WebLinkAboutD-1753-05 Door-To-Door As AmendedSPONSOR(S): Councilor Joseph C. Griffiths ORDINANCE D-1753-05 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA, AMENDING AND RESTATING CHAPTER 4~ ARTICLE 1~ DIVISION III~ SECTION 4-26~ OF THE CARMEL CITY CODE WHEREAS, the Common Council has previously enacted an ordinance designed to prevent fraud and other crime and to protect the privacy rights of its residents by regulating the activities of door-to-door vendors and solicitors; and WHEREAS, the Common Council now desires to amend and restate that ordinance to ensure that it properly balances the public's interests as they relate to residential privacy, the prevention of crime, and commercial solicitation activities with the equally important rights of residents and visitors to engage in protected speech. 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. Chapter 4, Article 1, Division III, Section 4-26 of the Carmel City Code is hereby amended and shall read as follows: "Sec. 4-26 Door-To-Door Vendors. (a) Definitions. Whenever used in this Chapter, the following words or phrases shall be defined as herein stated below: (1) Door-To-Door Solicitation. "Door-To-Door Solicitation" shall include all methods and means of soliciting funds and/or of selling commercial products, services or property within the corporate limits of the City of Carmel, Indiana ("City"), by and through the uninvited in-person solicitation of City residents on private property. (2) Exempt Person. "Exempt Person" shall include the following: (i) An individual while and to the extent he or she is engaged in protected political speech or activity; (ii) An individual while and to the extent he or she is engaged in protected religious speech or activity; (iii) An individual engaged in the solicitation of funds and/or the sale of cookies, candies, paper products or similar sundries for and on behalf of a not-for-profit or nonprofit organization or association that is exempt from the Indiana Gross Retail Tax. (iv) An individual who, due to the pre-emption of applicable federal or state law, is exempt from local licensing requirements. Page One of Five Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Joseph C, Griffiths (3) Vendor. A person, partnership, corporation, company, organization or entity who is not an Exempt Person and who is engaged in the selling, peddling, merchandising or brokering of products, services or property to the general public for a commercial purpose and/or who is engaged in the solicitation of funds. (b) t icensing. (1) Any Vendor who desires to engage in Door-To-Door Solicitation shall first 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 agents. (2) The Carmel Police Department shall provide to any person, upon request, a Door- To-Door Vendor Application form ("Application") to be completed by a Vendor and processed by the Carmel Police Department. The Application shall seek general information about the Vendor, Vendor's business and the nature of Vendor's proposed Door-To-Door Solicitation. The Application shall also 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 to obtain from the Indiana State Police Department and attach to the Application a copy of the limited criminal history of the Vendor and of each employee and agent of same who will be involved in Door-to-Door Solicitation. All completed Applications shall be submitted to the Carmel Police Department for review by the Chief of Police. (3) A License and a non-transferable identification card shall be issued to a Vendor by the Chief of Police upon such Vendor's completion of an Application, confirmation that such Vendor has no felony or misdemeanor conviction within fifteen (15) years of the Application date for a crime of dishonesty, fraud, theft and/or moral turpitude, and such Vendor has paid a license fee of Fifteen Dollars ($15.00) for a 10-day License or Ninety Dollars ($90.00) for a 120-day License. Upon receipt of a License, a Vendor must also purchase from the Carmel Police Department, at the cost of One Dollar ($1.00) each, non- transferable identification cards for each employee and agent of Vendor listed on Vendor's Application and for whom the Chief of Police has confirmed has no felony or misdemeanor conviction within fifteen (15) 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 twenty (20) 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 an identification card issued by the Carmel Police Department whenever engaging in Door-To-Door Solicitation. (c) Restrictions on License/Door-To-Door Solicitation. (1) Door-To-Door Solicitation may be conducted between the hours of 10:00 a.m. and 7:00 p.m. local time only. Ordinance D- 1753 -05 Page Two of Five Pages Prepared by Douglas C. Haney, Carmel City Attomey SPONSOR(S): Councilor Joseph C. Griffiths (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 ten (10) days or exactly one hundred twenty (120) days, as applicable, from the date the License or identification card was issued, and shall thereafter immediately expire and become null and void. (3) Vendor, and Vendor's emptoyees and agents, shatl 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 Vendor's employees and agents to ignore "no-solicitation" signs or other 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 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 the identification card(s) relating thereto, whichever action is applicable under the circumstances: (i) Vendor submitted an Application that contains materially false or misleading information; (ii) Vendor or any of Vendor's employees or agents was, within fifteen (15) years prior to the date of Vendor's Application, convicted of a felony or misdemeanor crime of dishonesty, fraud, theft and/or moral turpitude; (iii) Vendor or any of Vendor's employees or agents has violated this Section or has been charged with or convicted of a felony or misdemeanor crime of dishonesty, fraud, theft and/or moral turpitude after the issuance of but prior to the expiration date of such person's License and/or identification card; (iv) Vendor or any of Vendor's employees or agents has failed to properly display his/her identification card while engaged in Door-To-Door Solicitation; (v) Two (2) 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. (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. (3) Apy Vendor, within twenty (20) days from the date on which notice of such License 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 Ordinance D- 1753-05 Page Three of Five Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Joseph O. Griffiths hear the appeal at a public hearing which shall begin no more than twenty (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 ten (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 Vendor and/or any employee or agent of Vendor who engages in Door-To- Door Solicitation in violation of this Section shall be subject to a fine of Fifty Dollars ($50.00) for each day (or portion thereof) during which the same engages in such conduct. (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 conduct of any person while engaged in Door-To-Door Solicitation." Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 4. This Ordinance shall be in full force and effect from and after its passage, signing by the Mayor and such publication as is required by law. Ordinance D-1753-05 Page Four of Five Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Joseph C. Griffiths this /~day of P~ by the Common Council of the City of Carmel, Indiana, {/~2/~,n.,o,a~ 2005, by a vote of '--/ ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Fre~ick J. G~q~ ~/ Diana L. Cordray, IAMCtClerk-Tr~asurer Presented by me t,o the Mayor of the City of Carmel, Indiana, this~ ] ~ay of~~ 2005, at ~,' 20 O clock, ~ . M. Di~a L. Cot&ay, ~MC, Clerk-Trea~r Approved by me, Mayor of the City of Ca~el, ~ffiana, this /~~ ~~~,,10 O'clock, ~ . M. ATTEST~~ ~ Diana L. Cordray, ~MC, Clerk-Treasure// Ordinance D-1753-05 Page Five of Five Pages ~os~h C~ Griffiths ' /// -- y°' Mark Ratt ann Prepared by Douglas C. Haney, Carmel City Attorney