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HomeMy WebLinkAboutOrdinance 5600 12/02/1991 . . . ATTACHMENT 2 # / ORDINANCE NO. 5600 (GENERAL) AN ORDINANCE REGULATING DOOR TO DOOR SOLICITORS WITHIN THE CITY OF SPRINGFIELD REPEALING ARTICLE 2 "'GREEN RIVER' RESTRICTION," OF CHAPTER V "OFFENSES" OF THE SPRINGFIELD CODE, AND ADDING ARTICLE 8 "DOOR TO DOOR SOLICITORS" TO CHAPTER VIII TO THE SPRINGFIELD CODE, 1965. THE CITY OF SPRINGFIELD, OREGON, DOES ORDAIN AS FOLLOWS: Section 1: Article 2 "'Green River' Restriction," section 5-2-1 of Chapter V "Offenses" of the Springfield Code is hereby repealed. Section 2: There shall be added to Chapter VIII of the Springfield Code, 1965 a new Article 8 "Door To Door Solicitors" arid reading as follows: , "8-8-1 Definitions ~ For the purpose of this ordinance, the following words shall be considered to have the following meaning ascribed thereto: (a) "Solicit" and "solicitation" shall mean the entry onto a residence within the City of Springfield without the prior express invitation of the occupant, for the purpose of one or more of the following activities: (i) Seeking to obtain orders for the purchase of goods, wares, merchandise, food stuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or (ii) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; or (iii) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or (iv) Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation, or project. (b) "Residence" shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. Page' 1 . . . Ordinance 'No. 5600 Page Two (c) "City Manager" shall mean City Manager and his/her designee. 8-8-2 No Soliciting Sign - Every person may give notice of their desire to refuse invitation to solicitors. Such notice may be given in the following manner: (a) A weatherproof card or sign no smaller than three ,inches by four inches in size shall be exhibited upon or near the main entrance door to the residence. ", . -..,~ . (b) The sign or card shall indicate the occupant's desire to refuse invitation to solicitors by containing the words: "No Solicitors" or "No SOliciting". '" (c) The letters shall be at least one half inch in height. (d) Such a card or sign so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence to refuse invitation to solicitors. 8-8-3 Prohibited Acts - It is hereby declared to be unlawful and shall constitute a nuisance for any person to: (a) Solicit at a residence where a sign conforming to the requirements of section 8-8-2 is posted; (b) Solicit prior to 10 a.m. or after 8 p.m. of any day, or at any time on Sunday or on a State or National legal holiday; (c) Solicit without having obtained a valid registration certificate, pursuant to Section 8-8-6; (d) Solicit without possessing and displaying a valid solicitor's badge pursuant to Section 8-8-8; or (e) Fail to immediately and peacefully depart from a residence when requested to do so by the occupant. 8-8-4 Application - Applicants for a certificate under this ordinance must file with the city Manager an application in writing on a form to be furnished by the city Manager which shall require the applicant to provide the following information: (a) the applicant's name, business address, and telephone number, (b) , I P.age 2 Ordinance'No. 5600 Page Three 4It the name and address of each individual that will be soliciting on behalf of the applicant or pursuant to the applicant's registration, (c) a description sufficient for identification of the subject matter of the soliciting in which the applicant will engage, (d) the name and address of the person, or organization whom the applicant is employed by or represents, (e) the period of time for which the certificate is applied, and (f) a list of all consumer complaints filed with consumer protection organizations within the preceding three years pertaining to the applicant or the organization which the applicant is employed by or represents. The application will also contain a statement that if a certificate ot registration is granted, such certificate will not be used as or represented to be an endorsement by the City or any of, its off icers or employees. Each applicant shall be required to produce identification cards,or otherwise prove his/her identity and to sign the application under oath, subject to the penalty of perjury. 8-8-5 Application Fee - Every application shall be accompanied by an application fee of $20 to compensate the city for the cost of administering this licensing program, and such fee will not be refunded if a certificate is not granted. 4It Any individual or entity applying for a certificate for the purpose of engaging in soliciting for a nonprofit corporation or organization operating for educational, civic, charitable or religious purposes shall be exempt from paying an application fee under this ordinance. 8-8-6 Issuance of certificate. Revocation (a) Upon the applicant's payment of the necessary fee, and submission of a completed application an application review shall commence and include the following steps: (i) Review of the application to determine its compliance with 8-8-4 and 8-8-6(b) (ii) A background check on the applicant's criminal record by the Police Department; (iii) A check of the records of the Attorney General's Office for conviction(s) of unlawful trade practices; and (iv) A check of consumer complaints filed with consumer protection organizations. 4It , I Rage 3 Ordinance,No. 5600 Page Four . After a review of the registration application to determine its compliance with 8-8-4 and 8-8-6(b) and within four working days, the city Manager shall either issue a certificate of registration, or notify the person registering that the certificate cannot be granted. The notice of denial will specifically point out what information or explanation has not been furnished ,that is required before a certificate of registration can be issued, or why the certificate cannot be issued pursuant to the criteria contained in 8-8-6(b). ~.,.. (b) A certificate of registration shall not be issued, or if issued, shall be revoked by the City Manager for any of the following reasons: (i) fraud or misrepresentation in the application, (ii) fraud or misrepresentation in the course of soliciting while registered in the City, (iii) any violation of this ordinance within the preceding three years, or (iv) conviction of a crime involving fraud or moral turpitude within the preceding three years, (v) jUdicial determination that the applicant within the preceding three years has engaged in an unlawful trade practice as defined in ORS 646.608. Denial of a certificate or revocation of a certificate shall be in writing and shall state the reason for the denial/revocation. . 8-8-7 Form of certificate. Term - The City Manager shall prescribe the form of the certificate of registration. Each such certificate shall contain: (1) a termination date, and (2) the following statement printed thereon: "The issuance of this certificate of registration is not an endorsement by the City of Springfield or any of its officers or employees." No Certificate of Registration shall be effective for more than 12 months from the date of its issuance. 8-8-8 Badqe - Issuance. Revocation and DisPlay . (a) At the time of delivery of the certificate of registration, the City Manager shall also issue to each solicitor listed in the application a badge which contains the words: "City of Springfield - Registered Solicitor", the period for which the registration is issued, the name of the solicitor, and the following wording: "This badge does not indicate an endorsement by the city of Springfield for any product or service." , I p.age 4 . Ordinance No. 5600 Page Five . (b) A badge shall not be issued to, or if issued shall be revoked from, any individual for any of the reasons provided in section S-S-6(b). (c) The badge shall be worn constantly on the outer garment of the solicitor in such a way as to be conspicuous at all times the solicitor is engaged in sOliciting. S-S-9 Exemptions '-~. (a) Any person of the age of eighteen or less who solicits and is not an agent in the direct employment of a firm, company or association, and where such solicitation does not take place during school hours, shall be exempt from this ordinance except for the provisions contained in section S-S-3(b). (b) Officers, employees or agents of a governmental entity while performing activities within the scope of their office, employment or agency are exempt from this ordinance. . S-S-10 Penalty - Any person violating any provisions of this ordinance shall be punished as provided by Section 1-12-7 of this Code. The police force of the City shall suppress such unlawful practices and abate any such nuisance described in this ordinance." Adopted by the Common Council of the City of Springfield by a vote of 6 for and ~ against this 2nd day of December , 1991. Approved by the Mayor of day of December , 1991. .1illL ATTEST: '-i~I:tt.-uJ 4t-~L- City Recorder ~EVi.,!::' liED & APPROVED A. 0 FOR =~i&J!11 .' DA.' H 2.1 OF ~ 0 CI Y ATTORNE'liiage' 5 CIT~~F SPRINGFIELD ~ ',,/ ~- vo' rf' Ordinance No. 5600 Page Six ATTACHMENT 3 . FEE STUDY DATA COLLECTION Name of License, Fee or Permit: Solicitation Existing Fee: N/A Account #: 00-42132 Legal Authority: City Code Chaoter 5. Article 2. Section 1 Date of Last Fee Change: N/A Responsible Department(s): Develooment Services Total Estimated Cost to Administer per License, Fee, or Permit: $7.72 (hourly waqes) + $3.03 (indirect cost) + $6.28 (oolice backqround check) + $2.00 (oroduction of badqe) = $19.03 Provide Documentation Supporting Estimated Cost: . 1. Application completed. License typed and money is received and receipted. Information entered into computer and forwarded to Police department for their information only: Filed and mailed. Business License Specialist @ $10.29 /hr X 45 minutes = $7.72 + $3.03 fringe benefits = $10.75 Recommended Fee: $ 20.00 Existing Revenue Projection with Current Fee: $ N/A Estimated Revenue Projection with Proposed Fee: $ 0 Additional Factors to Consider and/or Possible Impact of Fee Change: $12.56/hr X 30 minutes = $6.28: oroduction of badqe - $2.00 Prepared by: Cynthia Paooas Phone: 726-3657 feestudy,form .