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Do Not Knock Chapter 757

Peddlers and Solicitors

757.01 DEFINITIONS.

As used in this chapter:

  1. Peddler means any person traveling either by foot, automobile, truck or another type of conveyance from place to place, door to door or street to street, taking or attempting to take orders for profit by the sale of goods, wares, and merchandise or personal property of any nature whatsoever for immediate or future delivery or for services to be furnished or performed immediately or in the future; and,
  2. Solicitor means any person who obtains or seeks to obtain funds for any cause whatsoever by traveling door to door either by foot, automobile, truck or any other type of conveyance upon the private residences, including any house, apartment or other dwelling, within the City.

757.02 LICENSE REQUIRED.

No peddler shall peddle within the City, unless he or she is the holder of a valid license issued pursuant to this Chapter.

757.03 LICENSE APPLICATION, FEE, REVOCATION AND SUSPENSION; APPEAL.

  1. Any person wanting a license shall obtain an application for same from the office of the Director of Public Safety, and shall submit the completed application, along with a valid drivers license or identification card issued by the State of Ohio or any other State for inspection and copying and an appropriate fee, to such office, on a form supplied by the Director which shall contain the following information:
    • Name, address, and social security number of the applicant;
    • Name and address of the organization represented; and
    • A description of the proposed peddling activities.
  2. All license applications shall be referred to the Director who shall, within seventy-two (72) hours after receipt of the completed application, issue licenses to the peddlers, unless the Director finds that:
    • The applicant has provided false information in his or her application; and/or
    • The applicant or peddler named on the license application has been convicted of a felony violation or misdemeanor violation involving fraud or moral turpitude within the past five (5) years.
    • Any license issued under the Chapter shall be valid for one (1) calendar year, expiring on December 31st.
  3. Each applicant shall pay a non-refundable fee of thirty dollars ($30.00) per license, which fee shall be paid at the time the application is submitted.
  4. Once issued, a license may be used only in conformity with the laws of the City and the State of Ohio; may not be assigned or transferred; must be carried by the licensee at all times; and shall be revoked by the Director of Public Safety for any of the following causes:
    • The licensee or person preparing the application on behalf of the licensee provided false information in the license application; and/or
    • The licensee is convicted of a felony or misdemeanor involving fraud or moral turpitude.
  5. In the event a license application is not approved, or in the event any license issued pursuant to the provisions of this Chapter is revoked, written notice shall be given to the applicant or licensee by personal service or certified mail. The applicant or licensee shall have ten (10) days after the receipt of such notice to appeal such refusal or revocation. Such appeal shall be perfected by filing a notice of appeal with the Mayor, who shall notify the applicant or licensee or his or her decision in writing within ten (10) days after receipt of such notice of appeal unless the applicant or licensee agrees to a longer period of time.

757.04 STREET PEDDLING OR VENDING; ADULT ATTENDANT REQUIRED; PROHIBITION.

No person shall peddle or vend from a vehicle in public streets and public places in the City without a license issued under this Chapter. Persons in pursuit of such peddling or vending business or activity when children under age eighteen collect, congregate, assemble or gather about such vehicle for the purpose of making purchases therefrom or in response to such person's actions, are hereby required to be accompanied by an adult attendant whose sole duty and occupation shall be to protect and safeguard such children from injury or hazards of vehicular traffic using such streets and public places. The attendant shall maintain a constant lookout for approaching vehicles and shall warn and guard children from injury therefrom. Ice cream trucks shall be prohibited to peddle or vend from a vehicle in City parks and private properties.

757.05 PERMITTED HOURS FOR PEDDLING AND SOLICITING.

  1. Notwithstanding any other provision of this Chapter, no peddler or solicitor, while peddling or soliciting, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City before 8:00 a.m. or after 9:00 p.m., Monday through Saturday, or before 12:00 p.m. or after 9:00 p.m. on Sunday.
  2. Subsection (a) hereof shall not apply to any visit to the premises as a result of a specific request or appointment made by a lawful possessor and occupant of said premises.

757.06 RESIDENT PROHIBITION BY NOTICE.

  1. The Director of Public Safety shall separately establish and maintain each of the following:
    • a Peddlers Do Not Call Registry; and
    • a Solicitors Do Not Call Registry.
  2. Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the City may require the City to place and maintain his or her residence, house, apartment or other dwelling on the Peddlers Do Not Call Registry and/or the Solicitors Do Not Call Registry by submitting a separate request for each registry on form(s) supplied by the Director of Public Safety, each of which shall contain the following information:
    • The signature of the person completing the form(s), unless the submission is done electronically with a secure password on the City of Parma website;
    • The complete address of the residence, house, apartment or other dwelling to be placed on the registry;
    • The date the form was completed;
    • A statement that No Peddlers Shall Call at this Address or words of similar import on the form for the Peddlers Do Not Call Registry and/or a statement that No Solicitors Shall Call at this Address or words of similar import for the Solicitors Do Not Call Registry; and
    • The exceptions, if any, which the person completing the form(s) wishes to be made to the requirement that Peddlers or Solicitors not call at his or her residence, house, apartment or other dwelling.
  3. Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the City may require the City to remove his or her residence, house, apartment or other dwelling from the Peddlers Do Not Call Registry and/or the Solicitors Do Not Call Registry by submitting a separate Notice of Removal from either or both said registries on form(s) supplied by the Director of Public Safety, each of which shall contain the following information:
    • The signature of the person completing the form(s), unless the submission is done electronically with a secure password on the City of Parma website;
    • The complete address of the residence, house, apartment or other dwelling to be removed from each registry;
    • The date the form was completed; and
    • A statement that the residence, house, apartment or other dwelling be removed from the Peddlers Do Not Call Registry and/or the Solicitors Do Not Call Registry.
  4. The decision whether to place a residence, house, apartment or other dwelling on the Peddlers Do Not Call Registry and/or the Solicitors Do Not Call Registry shall be solely that of the lawful possessor and occupant thereof and no official, agent or employee of the City of Parma shall interfere with said decision.
  5. A residence, house, apartment or other dwelling, after being lawfully placed on the Peddlers Do Not Call Registry and/or the Solicitors Do Not Call Registry shall remain on said registry until the earliest of any of the following:
    • The City receives a Notice of Removal pursuant to subsection (c) hereof;
    • The City receives notice that the person who submitted the form pursuant to subsection (b) hereof is not or is no longer a lawful possessor and occupant of the premises; or
    • The expiration of five (5) calendar years, expiring on December 31st, from the date of the form submitted pursuant to subsection (b) hereof.
  6. A copy of the Peddlers Do Not Call Registry and a copy of the Solicitors Do Not Call Registry shall be made available for public inspection at all times on the internet website of the City of Parma and during normal business hours at the office of the Director of Public Safety.
  7. Not withstanding any other provision of this Chapter, no peddler, while peddling, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City which is at that time on the Peddlers Do Not Call Registry established and maintained pursuant to this Chapter or upon which there is posted at the entrance a notice which reads No Peddlers Allowed, or words of similar import, which clearly prohibit peddlers on the premises, unless such peddler has previously been invited upon the premises by the lawful possessor and occupant thereof.
  8. Notwithstanding any other provision of this Chapter, no solicitor, while soliciting, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City which is at that time on the Solicitors Do Not Call Registry established and maintained pursuant to this Chapter or upon which there is posted at the entrance a notice which reads No Solicitors Allowed, or words of similar import, which clearly prohibit solicitors on the premises, unless such solicitor has previously been invited upon the premises by the lawful possessor or occupant thereof.

757.99 PENALTIES.

  1. Whoever violates any provision of this Chapter shall be guilty of a misdemeanor of the fourth degree on the first offense and shall be guilty of a misdemeanor of the first degree for a second or subsequent violation of this Chapter or of any substantially similar Chapter of these Codified Ordinances.
  2. A violation of Section 757.06, in addition to other penalties provided for in this Chapter, is deemed as trespass and shall be punishable as set forth in Sections 698.02 et seq. of these Codified Ordinances.