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HomeMy WebLinkAbout2005-11 Repealing Section 1310 and Establishing New Section 1311 EDINA ORDINANCE 2005 -11 AN ORDINANCE AMENDING THE CITY CODE BY ADOPTING NEW REQUIREMENTS FOR PEDDLERS AND SOLICITORS The City Council of the City of Edina ordains: Section 1. Section 1310 of the City Code is hereby repealed and replaced in its entirety with a new Section 1311 as follows: "Section 1311 -Peddlers and Solicitors 1311.01 Purpose. The City Council finds that in some cases unscrupulous individuals have posed or may pose as legitimate peddlers and solicitors for the purpose of harassment, nuisance, theft and other unlawful acts committed against residents of the City. The purpose of this Section is to impose reasonable regulations and restrictions on peddlers and solicitors so as to prevent illegitimate individuals who may be engaged in unlawful activities from posing as legitimate peddlers and solicitors. This Section is not intended to interfere with legitimate business activities, whether local or interstate. 1311.02 Definitions. Unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this Subsection. Peddler. Any person with no fixed place of business who goes from residence to residence, from place to place, or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to their purchasers. It does not include vendors of milk, bakery products or groceries who distribute their products to established customers. Solicitor. Any person who goes from residence to residence soliciting or taking or attempting to take orders for the purchase of goods, wares or merchandise, including magazines, books, periodicals and personal property of any nature whatsoever for future delivery, or orders for the performance of maintenance or repair services in or about the home or place of business, such as furnace cleaning, house painting, roof repair or blacktopping. Peddling, Soliciting. The act of being a peddler or solicitor. 1311.03 Permit Required; Approval; Duration No peddler or solicitor shall engage in business activities in the City without first having received a permit as provided in this Section. Each person engaged as a peddler or solicitor must secure a personal permit that shall not be transferable to another individual. The provisions of Section 160 of this Code shall apply to permits required by this Section and to the holders of such permits; except that applications for permits shall be filed with the Police Department and permits shall be issued or denied by the Police Chief. Applications for a permit shall be on forms provided by the Police Chief and shall be accompanied by a fee in the amount set forth in Section 185 of this Ordinance No. 2005-11 Page 2 Code. In addition to the information required by Section 160 of this Code, each applicant shall provide the following: A. A physical description of the applicant B. A brief description of the nature of the business and the goods or services to be sold C. The name, address and telephone number of the employer, principal or supplier of the applicant D. The dates for which the right to do business is desired E. A recent photograph of the applicant F. A statement as to whether the applicant has been convicted of any crime, misdemeanor, or violation of any ordinance other than traffic violations, including the nature of the offense and the penalty or punishment assessed therefore If the application is approved by the Police Chief, the applicant shall be issued a permit/identification card which must be clearly displayed on the front of the peddler or solicitor's outer garment when conducting business in the City. The permit/identification card is non-transferable. The permit shall be valid for not more than 14 calendar days, which days must be consecutive and begin within 30 calendar days of the date the permit was issued. 1311.04 Exemption Activities; Registration. Subd. 1 Registration Required. The provisions of Subsection 1311.03 do not apply to peddling or soliciting by non-profit organizations established for philanthropic, religious or educational purposes. Such organizations must register with the Police Department on forms provided by the Police Chief. The application for registration shall be accompanied by a fee as set forth in Section 185 of this Code. If the Police Chief concludes that the organization is a bona fide non-profit organization for philanthropic, religious or educational purposes, he shall accept the registration application and the organization may peddle or solicit in the City without a permit as required by Subsection 1311.03. Registrations shall be valid for a period of 90 days. All individuals peddling or soliciting on behalf of an organization which has registered with the City must carry on their person a government issued identification such as a driver's license and written credentials stating the name of the organization and its purpose. All persons shall comply with the provisions of Subsections 1311.06 and 1311.07 even if they are exempt from the requirements of Subsection 1311.03. The provisions of Section 160 of this code shall apply to registrations required by this Subd. 1. Subd. 2 Exempt Activities. The provisions of Subsection 1311.03 and Subd 1 of this Subsection 1311.04 do not apply to persons selling personal property at wholesale to dealers of such articles, nor to newspersons, nor to the act of merchants or their employees in delivering goods to established customers in the regular course of business, nor to the sale of farm or garden produce by the person producing same, nor Ordinance No. 2005-11 Page 3 to the sale of goods or admissions to events by K-12 students where the proceeds of such sales benefit a program or activity in which the student is involved, nor to the employees of bakery, dairy or grocery delivery services who make an uninvited initiatory visit in an effort to establish a regular route service for future delivery of perishables. All persons described in this Subd 2 shall comply with the provisions of Subsections 1311.06 and 1311.07 even if they are exempt from the requirements of Subsection 1311.03 or Subd 1 of this Subsection 1311.04. 1311.05 Denial of Permit Application or Registration Application. In addition to the provisions of Section 160 of this Code, the following shall constitute grounds for denial of the permit application or registration application: A. Past fraud, misrepresentation or misstatement made in the course of carrying on business as a peddler or solicitor B. Conviction of any crime or crimes directly related to carrying on business as a peddler or solicitor, as provided in M.S. 364.03, Subd. 2, where the applicant has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities, as provided in M.S. 364.03, Subd. 3. Crimes that are considered to be directly related to the business of peddling and soliciting include but are not limited to crimes involving assault, criminal sexual conduct, burglary, robbery, fraud, theft or moral turpitude. C. Revocation of a past permit issued under this Section D. Past violations of any provision of this Section 1311.06 Restrictions. In addition to the requirements of Section 160 and other provisions of this Code, no peddler or solicitor shall: A. Engage in peddling or soliciting without clearly displaying on the peddler or solicitor's front outer garment the permit/identification card issued by the City, if a permit is required by Subsection 1311.03 B. Conduct business before 9 AM or later than 8 PM C. Violate Subsection 1311.07 hereof D. Walk on or about any side or rear yard or attempt to make contact at any point other than the main point of entrance or front door of a residence E. Fail to promptly depart from the premises following completion of a transaction or following an unsuccessful attempt to contact the resident of the premises F. Commit any act or conduct constituting harassment, a nuisance, theft, deceit, or menacing or otherwise unlawful activities or violate any other provisions of this Code or State law 1311.07 Peddlers and Solicitors May be Prohibited by Placard. Any property owner or occupant who wishes to exclude peddlers or solicitors from their premises may place upon or near the principal entrance to the premises a printed placard or sign bearing the following notice: "Peddlers and Solicitors Prohibited". The placard or sign shall be at least 3-3/4 inches long and 3-3/4 inches wide and the printing shall not be smaller than 48 point type. No Ordinance No. 2005-11 Page 4 peddler or solicitor, including those exempt from permit requirements as provided in Subsection 1311.05, shall enter upon any premises, ring any doorbell, or knock on any door where a placard or sign is posted, unless the peddler or solicitor has been previously invited by the owner or occupant. No person other than the owner or occupant of the premises shall remove, injure or deface the placard or sign." Section 2. Subsection 1311.07 shall be in force and effect upon passage and publication. Subsections 1311.01 through Subsection 1311.06 shall be in full force and effect on January 1, 2006. Section 3. Schedule A of Section 185 of the City Code is amended to provide the following fees: SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT 1311 1311.03 Peddler/Solicitor Permit $30.00 1311 1311.04 Subd. 1 Registration for Peddling/Soliciting $50.00 Section 4. Section 3 of this Ordinance shall be in full force and effect on January 1, 2006 Passed and adopted 18th day of October 2005. First Reading: October 4, 2005 Second Reading: October 18, 2005 Publication: October 27, 2005 Attest Debra A. Mangen, City Clerk James B. Hovland, Mayor v � newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 27 day of October , 2005, and was thereafter printed and published on every Thursday to and including Thursday,the day of ,2005;and printed below is a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- edged as being the size and kind of type used in the composition and publication of the notice: abcd efg h ij kl m nopg rst uvwxyz r BY: CFO Subscribed and sworn to or affirmed before me on this 27 day of October ,2005. Notary Pub Almh MARY ANN CARLSON NOTARY PUBLIC—MINNESOTA MY COMMISSION EXPIRES 1.91-08 Mf I RATE INFORMATION (1)Lowest classified rate paid by commercial users $ 2.85 per line for comparable space (2) Maximum rate allowed by law $ 6.20 per line (3) Rate actually charged $ 1.30 per line LEGAL NOTICES Edina exempt from the requirements of Subsection 1311.03- City of Edma or Subd 1 of this Subsection 1311.04. (Official Publication) - EDI ORDINANCE 2005-11 1311.05 Denial of Permit Application or Registration - AN ORDINANCE AMENDING THE CITY Application. In addition to the provisions of Section 160 CODE BY ADOPTING NEW REQUIREMENTS of this Code,the following shall constitute grounds for de- - - FOR PEDDLERS AND SOLICITORS _ nial of the permit application or registration application: A. Past fraud,misrepresentation or misstatement made The City Council of the.City of Edina ordains: in the course of carrying on business as a peddler or solicitor .Section 1. Section 1310 of the City Code is hereby re- B. Conviction of any crime or crimes directly related to pealed and replaced in its entirety with a new Section - carrying on business as a peddler or solicitor;as pro- 1311 as follows: - vided in M.S.364.03;Subd.2,where the applicant "Section 1311-Peddlers and Solicitors has not showncompetentevidenceof sufficient reha- bilitation and present fitness to perform the duties and 1311.01 Purpose. The City Council finds that in some responsibilities,as provided in M.S.364.03,Subd.3. cases unscrupulous individuals have posed or may pose Crimes that are considered to be directly related to the as legitimate peddlers and solicitors for the purpose of ha- . .business of peddling and soliciting include but are not rassment,nuisance,theft and other unlawful acts com- - limited to crimes involving assault,criminal sexual miffed against residents of the City. The purpose of this - conduct,burglary,robbery,fraud,theft or moral turpi- Section is to impose reasonable regulations and restric- tude. tions on peddlers and solicitors so as to prevent illegiti- C. Revocation of a past permit issued under this Section mate individuals who may be engaged in unlawful activi- D. Past violations of any provision of this Section ties from posing as legitimate peddlers and solicitors.This Section is not intended to interfere with legitimate busi- 1311.06 Restrictions.In addition to the requirements ness activities,whether local or interstate. of Section 160 and other provisions of this Code,no ped- dler or solicitor shall: -. 1311.02 Definitions. Unless the context clearly indi- catesotherwise,the following words and'phrases have the A. Engage in peddling or soliciting without clearly dis- meanings given in this Subsection. .playing on the peddler or solicitor's front outer gar- ment the permittidentification card issued by the City, Peddler. Any person with no fixed place of business if a permit is required by Subsection 1311.03 who goes from residence to residence,from place to B. Conduct business before 9 AM or later than 8 PM place,or from street to street,carrying or transporting C. Violate Subsection 1311.07 hereof goods,wares or merchandise and offering or expos- D. Walk on or about any sideorrear yard or attempt to ing the same for sale,or making.sales and deliveries make contact at any point other than the main point of to their purchasers. It does not include vendors of entrance or front door of a residence milk,bakery products or groceries who distribute their E. Fail to promptly depart from the premises following products to established customers. completion of a transaction or following an unsuc- cessful attempt to contact the resident of the premis- Soiicitor. Any person who goes from residence to es residence soliciting or taking or attempting to take or- F. Commit any act or conduct constituting harassment,a ders for the purchase of.goods,wares or merchan, nuisance,theft,deceit,or menacing or otherwise un- dise,-including magazines,books, periodicals and lawful activities or violate any other provisions of this personal property of any nature whatsoever for future Code or State law - delivery,or orders forthe performance of maintenance or repair services in or about the home or place of 1311.07 Peddlers and Solicitors May be Prohibited business,such as furnace cleaning,house painting, by Placard.Any property owner,or occupant who wishes roof repair or blacktopping. to exclude peddlers or solicitors from their premises may place upon or near the principal entrance to the premises Peddling;Soliciting. The act of being a peddler ora printed placard or sign bearing the following notice: solicitor. "Peddlers and Solicitors Prohibited". The placard or sign shall be at least 3-3/4 inches tong and 3-3/4 inches wide 1311.03 Permit Required;Approval;Duration No and the printing shall not be smaller than 48 point type. - peddler or solicitor shall engage in business activities in No peddler or solicitor,including those exempt from per- the City without first having received a permit as provided mit requirements as provided in Subsection 1311.05,shall in this Section. Each person engaged as a peddler or so- enter upon any premises;.ring any doorbell,.or knock on licitor must secure a personal permit that shall not be any door where a placard or sign is posted,unless-the transferable to another individual. The provisions of Sec- peddler or solicitor has been previously invited by the tion 160 of this Code shall apply to permits required by this owner or occupant.No person other.than the owner oroc- Section and to the holders of such permits;except that ap- cupant of the premisesshall remove,injure or deface the plications for permits shall be filed with the Police Depart- placard or sign.' ment and permits shall be issued or denied by the Police Chief. Applications for a permit shall be on forms provid- Section 2. Subsection 1311.07 shallbein force and ed by the Police Chief and shall be accompanied by a fee effect upon passage and publication. Subsections in the amount set forth in Section 185 of this Code. In ad- 1311.01 through Subsection 1311.06 shall be in full force dation to the information required by Section 160 of this and effect on January 1,2006. Code,each applicant shall provide the following: A. A physical description of the applicant Section 3.Schedule A of Sectidn 185 of the City Code is B. A brief description of the nature of the business and amended to provide the following fees:, the goods or services to be sold - - PURPOSE C. The name,address and telephone number of the em- OF FEE OR ployer,principal or supplier of the applicant I SECTION SUBSECTION CHARGE AMOU D. The dates for which the right to do business is desired 1311 1311.03 Peddler/Solicitor $30.00 E.-A recent photograph of the applicant Permit F. A statement as to whether the applicant has been convicted of any crime,misdemeanor,or violation of 1311 1311.04 Subd.1 Registration for $50.00 any ordinance other than traffic violations,including Peddling/Solicifing the nature of the offense and the penalty or punish- ment assessed therefore Section4.Section 3 of this Ordinance shall be in full force and effect on January 1,2006 If the application is approved by the Police Chief,the ap- plicant shall be issued a permitldenti ication card which Passed and adopted 18th day of October 2005. must be clearly displayed on the front of the peddler orso- First Reading: October.4,2005 licitor's outergarment when conducting business in the Second Reading: October 18,2005 - City. The permitAdentification card is non-transferable.. Publication: October 27,2005 The permit shall be valid for not more than 14 calendar days,which days must be consecutive and begin within 30 Attu calendar days of the date the permit was issued. Debra A.Mangan.CU Clerk ,lames B.Hovland.Mayor 1311.04 Exemption Activities;Registration. (Oct.27,2005)dt/Ord 2005-11 Peddlers Subd:1 Registration Required. The provisions of Subsection 1311.03do not appy to peddling or sokc- 'f8ng by non-profit organizations established for phil- anthropic,religious or educational purposes.Such or-- .. ,ganizations must register with the Police-Department on forms provided by he Polka Chief.The application .or registration shad be by a fee as set - forth in Sedim 185 of is C'"' this Police-Chief concludes that the organization is a bona fide non prolitoioanizatioo fof phtianthropic,;,reltgious or eau catiois nal purposes, shaif accept the registration ap- plication and the organization may-peddle or solicit in the City without a permit as required by.Subsection - 1311.03. Registrations shall be valid for a period of 90 days. All individuals peddling or soliciting on be- half of anorganization which has registered with the City must carry on their persona government issued identification such as-a driver's license and written credentials statino the.name of the organization and