§ 14-116. Uninvited solicitation.

(a)

Intent and purpose. The city council wishes to protect the privacy of residents who do not desire door-to-door solicitation or canvassing and to protect the privacy of those residents who wish to receive door-to-door solicitation or canvassing only during certain desired hours. In addition, it is the intent and purpose of the city council to protect and further the rights of residents who desire to receive door-to-door solicitation or canvassing at all times.

(b)

Definitions. Soliciting shall mean and include any one (1) or more of the following activities:

(1)

Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever for any kind of consideration whatever; or

(2)

Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; or

(3)

Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or

(4)

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.

(c)

Duty of solicitor. It shall be the duty of every solicitor or canvasser, commercial or noncommercial, upon going onto any premises in the city on which a residence is located to proceed from the adjacent road right-of-way directly toward the front or main entrance of such residence to examine and look for the notice provided for in paragraph (d) herein. If any such notice is posted, then any solicitor or canvasser shall immediately and peacefully depart from the premises and shall leave on the premises no documents or literature of any kind. Under no circumstances shall a solicitor enter upon a side or rear yard of any residence unless expressly invited to do so by the occupant thereof.

Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by an occupant or owner thereof.

(d)

Declaration. It is hereby declared to be unlawful and shall constitute a trespass for any person to:

(1)

Go upon any premises and ring the doorbell upon or near any door or create any sound in any manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaged in soliciting or canvassing commercially or noncommercially in defiance of the notice exhibited at the residence in accordance with the provisions of this section.

(2)

Not immediately and peacefully depart from the premises when requested to do so by an occupant or owner thereof.

(e)

Notice to solicitor.

(1)

When a residence owner or occupant does not wish to receive door-to-door solicitation or canvassing, a sign shall be posted in the immediate vicinity of the front door or front door bell area, which sign shall read:

NO SOLICITATION INVITED

or

NO SOLICITING

(2)

The signs provided for in subparagraph (1) shall be made of a durable material, such as plastic, metal or wood. Further, the sign letters shall be at least three-quarter inch in height. In addition, the sign shall be capable of being temporarily or permanently affixed to the hanging surface.

(3)

Penalties. Any person, corporation or business entity violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00) for each offense.

(Ord. No. 90-138, § 1, 7-16-90; Ord. No. 99O-8-138, § 1, 9-13-99)