HomeMy WebLinkAboutOrdinance 5600 12/02/1991
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ATTACHMENT 2
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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repealed.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.
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Ordinance 'No. 5600
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(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.
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(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".
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(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)
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Ordinance'No. 5600
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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.
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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.
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Ordinance,No. 5600
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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).
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(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.
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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
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(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."
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(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
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(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.
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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.
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ATTEST:
'-i~I:tt.-uJ 4t-~L-
City Recorder
~EVi.,!::' liED & APPROVED
A. 0 FOR
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DA.' H 2.1
OF ~ 0 CI Y ATTORNE'liiage' 5
CIT~~F SPRINGFIELD
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ATTACHMENT 3
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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:
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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
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