10. Solicitors Ordinance 1 /0
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CITYOF
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1 CHANHASSEN
I 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
1 MEMORANDUM Aclion by cay Alfa***
TO: Mayor Don Chmiel b'a°'scd --� 1�
I City Council id.- --.- --
Don Ashworth, City Manager "V Rejected 2 _--
Date_.,.:. + , M x
1 Bete Submitted to Commissfotl
FROM: Scott Harr, Public Safety Director
DATE: February 25, 1993 Date svk . '•.ted to Council
II SUBJ: Solicitors Ordinance
II This memo is to present recommendations regarding changes to the
existing peddlers, solicitors, and transient merchants ordinance.
1 BACKGROUND
1 Simply put, ARTICLE IV. PEDDLERS, SOLICITORS, ETC., of the
Chanhassen City Code has consistently proven unworkable. As can be
seen from Sec. 10 -141 of the Chanhassen City code (copy attached),
1 those engaged in charitable solicitations need only "register" with
the City, and the sellers of merchandise need not even do this.
With the increase in population of our City, we have seen an
increase in door to door solicitation and sales, from both
1 charitable and business groups.
With the existing ordinance the City has no method of controlling
1 this activity.
A copy of the existing ordinance is attached for your reference
1 (Exhibit A).
ANALYSIS
I The increasing number of complaints we are receiving regarding this
activity range from people simply not appreciating being bothered
at home to very abusive and threatening salespeople. We have had
1 instances where groups have been working in our City that have been
ejected from other communities, and we have had situations where
door to door sales people have actually been arrested for
disorderly conduct. As our ordinance presently stands, if
II charitable groups have registered, there is nothing we can do, and
1 t4, PRINTED ON RECYCLED PAPER
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February 25, 1993
Page 2
private enterprises basically have carte blanche to work door to
door here without any limitations by the City.
' I have drafted two possible ordinance amendments. The first,
marked Exhibit B (attached) represents a rather lengthy combination
of other cities ordinances dealing with this issue. The benefits
are that city control exists, and the down side is that the city is
still in the position of doing the background work related to the
issuing of permits, deciding who fits into certain classifications,
etc.
A second draft, Exhibit C (attached), is a much simpler ordinance
amendment. It simply permits people that do not want to be
' bothered to not be bothered. Public Safety Commissioner Bill
Bernhjelm, who is employed as a Police Lieutenant with the City of
Edina, advises that Edina has switched over to this very simple
form, and has had great success with it.
A unique feature to this ordinance is that in Sec. 10- 149(B),
peddlers or solicitors would be prohibited from approaching homes
or businesses with a "peddlers or solicitors prohibited" sign,
which would provide people with the privacy they may desire. While
some cities actually sell such signs, Moore Signs and Letter House
' here in town has offered to have an acceptable sign in stock for
purchase by residents. The City Manager's concern that signs could
become an eyesore by themselves (too large, neon colors, etc.), has
been addressed by limiting the size while allowing homeowners to
1 select a color to go with their house color.
RECOMMENDATION
1 It is the recommendation of staff that' one of the attached
ordinance amendments be adopted. Actually, the Public Safety
Commission has reviewed and endorsed both, with their final
recommendation being the second, which is the shorter version,
utilizing the sign.
While both are being presented to the Council for consideration, of
the two, the recommendation of the Public Safety Director is that
the shorter version (Exhibit C), utilizing the sign, be adopted
11 with future modifications being made if necessary.
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LICENSES, PERMITS, BUSINESS REGULATIONS § 10 -1•
(f) Suspension; revocation of license. The city manager shall suspend a lic: se issued
un.. this article fora period of ten (10) days if a licensee violates any provisio . f this article.
The cit • anager shall suspend a license for a period of twenty (20) days for : econd violation.
The city m:.. ager shall revoke a license for a third violation. The rev. ation shall be for a
period of one y- :
(g) Appeal.
(1) Notice. If the city . ager suspends or revokes a • ense, the manager shall send to
the licensee, by certi i - • mail, return receipt r ested, written notice of the action,
and the right to an appe. . The aggrieved ... ty may appeal the decision of the city
manager within ten (10) days • receivin: notice of the city's action. The filing of an
appeal stays the action of the city . ger in suspending or revoking a license until
the city council makes a final dec on.
(2) Procedure. The city council m appoint a co ittee of the council or an independent 1
hearing officer to hear the atter, report findin= of fact and a recommendation for
disposition to the coup•'+. Hearings on the appeal s : 1 be open to the public and the
licensee or appli = shall have the right to appear ..•d be represented by legal
counsel and to • ' er evidence in its behalf. At the conclusio . f the hearing, the city
council sh: . ake a final decision.
(h) Respons . d ility for agents and employees. Every act or omission constitu • • • a violation
of any of th- .rovisions of this article by an officer, director, manager, or othe agent or
employee . any licensee shall be deemed and held to be the act or omission of the licens- : The '
licens- shall be punishable in the same manner as if the licensee personally committed -
act •r omission.
rd. No. 155, § 1, 10- 14 -91)
Secs. 10-129-10-140. Reserved. EXHIBIT A
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ARTICLE IV. PEDDLERS, SOLICITORS, ETC.*
Sec. 10 -141. Charitable solicitations. ,
No person shall engage in solicitation in the city without registering with the city.
Sec. 10 -142. Entry onto private residences without request or invitation.
(a) It shall be unlawful for any solicitor, peddler, itinerant merchant or transient vendor
of merchandise to go in or upon private residences in the city if they have not been requested
or invited to do so by the owner or owners, occupant or occupants of the private residences for
the purpose of selling or soliciting orders for the sale of goods, wares and merchandise.
Violation of this section is declared to be a nuisance and punishable as a misdemeanor.
*State law references— Hawkers, peddlers and transient merchants, M.S. § 329.01 et
seq.; authority of city to restrain, license or regulate hawkers, peddlers, etc., M.S. § 421.221,
subd. 19; authority to regulate transient merchants, M.S. § 437.01.
Supp. No. 4
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§ 10 -142 CHANHASSEN CITY CODE
(b) Subsection (a) does not apply to charitable solicitations.
Editor's note — Municipal ordinances prohibiting solicitors, peddlers, hawkers and itin-
erant merchants from entering upon the premises of private residences for the purpose of
peddling or soliciting, without the request or invitation of the occupants thereof, have become
collectively known as "Green River Ordinances."
The original "Green River Ordinance" was adopted by the Green River (Wyoming) Town
Council on November 16, 1931. The ordinance achieved wide - spread notoriety through the
' court challenges it spawned. It was first held unconstitutional as an unwarranted and arbi-
trary exercise of police power, in violation of the Fourteenth Amendment, in seeking to
proscribe a legitimate business which was not a nuisance per se. Fuller Brush Co. v. Green
River, 60 F.2d 613 (10th Cir. 1932). One (1) year later, the constitutionality of the same
' ordinance was sustained on the ground that the frequent ringing of doorbells of private
residences by itinerant vendors and solicitors was in fact a nuisance to the residents. Green
River v. Fuller Brush Co., 65 F.2d 112 (10th Cir. 1933). In 1951, the Supreme Court of the
United States upheld a similar ordinance attacked on commerce clause, due process, free
speech and free press grounds. Breard v. A lexandria, 341 U.S. 622 (1951)
' Se r. 10443- 10449. Reserved.
' ARTICLE V. GAMBLING
Sec. 10 -150. La .. -• gambling permitted.
Lawful gambling c• ducted pursuant to Minnesota Statutes, chapter 9, is authorized
within the city and shall • - operated in accordance with the terms and c• ditions specified in
this article, other applicable ovisions of the City Code, and sta - and federal laws and
' regulations.
(Ord. No. 156, § 1, 10- 28-91)
' Sec. 10-151. Authorized organizations.
An organization shall not be eligible to con.. t 1 • ul gambling in the city unless it meets
the qualification in Minnesota Statutes § 349.16 . •division 2, and also meets at least one of
the following conditions:
(1) The organization has at least fif - - n (15) member- hat are residents of the city; or
' (2) The physical site for the or: • ization's headquarters o e registered business office
of the organization is 10 . ed within the City of Chanhasse . r a city contiguous to the
City of Chanhassen - d has been located within the city or a ity contiguous to the
City of Chanhass- for at lest two (2) years immediately precede . application for a
license;
1 (3) The organ'. ation owns real property within the city and the lawful :. mbling is
condu - • on the property owned by the organization within the city; or
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EXHIBIT B II
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
I
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV 1
OF THE CHANHASSEN CITY CODE CONCERNING
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
II
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 10, Article IV, of the Chanhassen City II
Code is amended in its entirety to read:
ARTICLE IV. 1
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Sec. 10 -141. DEFINITIONS.
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Unless otherwise expressly stated, whenever used in this
Article, the following words shall have the meaning given to them II by this Section:
PEDDLER: Any person, firm, or corporation who goes from
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dwelling to dwelling, business to business, place
to place, or from street to street, carrying or
transporting goods, wares, or merchandise and
offering or exposing the same for sale.
II
SOLICITOR: Any person, firm, or corporation who goes from
dwelling to dwelling, business to business, place I
to place, or from street to street, soliciting
donations other than for political campaigns, or
taking or attempting to take orders for any goods,
I wares, or merchandise, including books,
periodicals, magazines, or personal property of any
nature whatever for future delivery.
TRANSIENT Any person, firm, or corporation who engages II
MERCHANT: temporarily in the business of selling and
delivering goods, wares, or merchandise within the II City, and who, in furtherance of such purpose,
hires, leases, uses, or occupies any vacant lot,
parking lot, motor vehicle, or trailer.
II
Sec. 10 -142. REGISTRATION REQUIRED.
It is unlawful for any peddler, solicitor, or transient II
merchant to engage in any such activity within the City without
first registering with the Public Safety Department in compliance
with the provisions of this Article. Any transient merchant or
II
peddler registering in the City must show proof that such person is
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II licensed for such occupation under the provisions of Minnesota
Statute Chapter 329, as amended. Registration does not exempt
I compliance with all other applicable local, state, and federal
laws, including zoning regulations.
II Sec. 10 - 143. EXEMPTIONS.
This Article does not apply to: (a) persons selling personal
I property at wholesale to dealers in such articles, to daily
newspapers sales, or to merchants or their employees delivering
goods in the regular course of business, (b) persons selling
I products of the farm or garden, including christmas trees and
flowers at sites approved by the Public Safety Director considering
vehicle traveling speeds, turning movement, available parking, and
other public safety considerations, (c) children, age eighteen or
I younger, soliciting for school sponsored activities, or (d) the
sale of goods, wares, or merchandise owned by the Seller from a
vacant lot or parking lot owned by the Seller.
Sec. 10 - 144. REGISTRATION.
Persons registering under this Article shall file with the
P ublic Safety Department a sworn written statement on a form to be
furnished by the Department. The statement shall provide:
1 (A) Name, date of birth, and driver's license number or other
acceptable identification of the person registering.
II (B) The permanent home and business address of the applicant
and, in the case of transient merchants, the local address from
which proposed sales will be made.
1 (C) A description of the nature of the business and the goods
to be sold.
1 (D) The length of time for which the right to do business is
required.
II (E) A recent photograph of the registrant, which picture
shall be approximately two inches by two inches (2 "x 2 ") showing
the head and shoulders of the person in a clear and distinguishing
II manner.
(F) The names of a least three (3) references who will
II substantiate the person's good character and business respecta-
bility or other evidence of the good character and business
responsibility of the person.
II (G) A statement as to whether or not the person has been
convicted of any crime, misdemeanor, or violation of any municipal
ordinance, other than traffic violations, the nature of the
II offense, and the punishment or penalty assessed.
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( H ) The two preceding cities, if any, where the person
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carried on his activity prior to the current registration.
Sec. 10 - 145. FEE.
At the time of registration, the person registering shall pay
a fee to cover the administrative costs of processing and
investigation. The fee shall be in an amount determined by City
Council resolution.
Sec. 10 - 146. PERSONS WORKING FOR OR ASSISTING REGISTRANT.
The registrant shall also supply the information required in '
Section 10 -144 of this Article for all persons working for or
assisting the registrant.
Sec. 10 - 147. REGISTRATION VERIFICATION.
The Public Safety Department shall issue a registration '
statement upon the filing of a properly signed and completed form,
which shall be carried by the person(s) engaged in such activity.
Sec. 10 - 148. IDENTIFICATION.
All solicitors and peddlers must wear some type of identi-
fication conspicuously showing their name and the organization for
which soliciting or peddling.
Sec. 10 - 149. PRACTICES PROHIBITED.
(A) No peddler, solicitor, or transient merchant shall call
attention to his business or to his merchandise by crying out, by
blowing a horn, or by ringing a bell or other noise so as to be
audible within the confines of an enclosed dwelling structure.
(B) No peddler or solicitor shall enter in or upon any
premises or attempt to enter in or upon any premises wherein a sign
or placard bearing the notice "Peddlers or Solicitors Prohibited ",
or language similar thereto, is located.
(C) No peddler or solicitor shall enter upon any residential
premises for the purpose of carrying on his trade or business
between the hours of nine o'clock (9:00) p.m. and nine o'clock
(9:00) a.m. of the following day unless such person has been
expressly invited to do so by the owner or occupant thereof.
(D) Peddlers, such as ice cream sales, that sell from a motor 1
vehicle when the customer comes to the motor vehicle to make a
purchase may not solicit sales on collector streets, arterial
streets, or streets abutting a school or park. ,
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II Sec. 10 -150. REGISTRATION PERIOD.
I Registration shall be valid for the calendar year. All
r egistrations shall expire on December 31 after their issue.
1 Sec. 10 - 151. REGISTRATION NONTRANSFERABLE.
A registration may not be transferred. Each peddler,
1 solicitor, or transient merchant shall separately register.
I Sec. 10 - 152. REVOCATION OR DENIAL OF REGISTRATION.
(A) A person registered under the provisions of this Article
shall be allowed to conduct his or her activity within the City
II provided that none of the following occurs:
(1) Fraud, misrepresentation, or false statement
II contained in the application for registration.
(2) Fraud, misrepresentation, or false statement made in
I the course of carrying on his or her activity.
(3) Any violation of this Article.
I (4) Conviction of any felony or of a misdemeanor
involving moral turpitude during the period of registration.
I (5) Conducting the business in an unlawful manner or in
such a manner as to constitute a breach of the peace or to
constitute a menace to the health, safety, or general welfare
of the public.
I (B) A registration shall be denied or revoked by the Director
of Public Safety, preceded by written notice and an opportunity to
I be heard, if any of the conduct listed in subsection (A) of this
Section shall occur.
1 Section 2. This ordinance shall be effective immediately upon
its passage and publication.
I PASSED AND ADOPTED by the Chanhassen City Council this
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II ATTEST:
II Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
11 (Published in the Chanhassen Villager on , 19 .)
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EXHIBIT C 1
CITY OF CHANHASSEN I
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. I
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV
I
OF THE CHANHASSEN CITY CODE CONCERNING
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
I
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 10, Article IV, of the Chanhassen City Code is amended in its I
entirety to read:
ARTICLE IV. I
PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Sec. 10 -141. Definitions: 1
PEDDLER: Any person with no fixed place of business who goes from residence
I
to residence carrying or transporting goods, wares or merchandise and
offering or exposing the same for sale, or making sales and deliveries
to their purchasers.
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SOLICITOR: Any person who goes from residence to residence soliciting or taking
or attempting to take orders for the purchase of goods, wares or
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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
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or place of business, such as furnace cleaning, house painting, roof
repair or blacktopping.
Sec. 10 -142. Peddlers and Solicitors May be Prohibited by Placard. Any resident of the city
Y Y Y tY
who wishes to exclude peddlers or solicitors from the dwelling unit occupied by the resident
may place upon or near the usual entrance to the dwelling 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
I point type. No peddler or solicitor 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 resident of the dwelling unit.
Shall Not Deface Placard. No person other than the dwelling unit's occupant shall remove,
injure or deface the placard sign.
Sec. 10 -143. Deposit of Advertising Material on Residential Property. Deposit of
Advertising Handbills, Advertising Circulars, Advertising Material Prohibited. Any resident 1
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' of the City who wishes to exclude the deposit of advertising handbills, advertising circulars
and other advertising material from the premises occupied by the resident may place upon
or near the front entrance to the premises a printed placard or sign bearing the following
' notice: "Depositing of Handbills, Circulars, Advertising Material Prohibited." The placard
or sign shall be of the same minimum size and bear the same minimum size printing as
provided in Section 10 -142.
Sec. 10 -144. Shall Not Deface Placards. No person other than the person occupying the
premises shall remove, injure or deface the placard or sign.
Sec. 10 -145. Shall Not Enter. No person shall enter upon any premises where such a sign
or placard is placed and deposit any advertising handbills, advertising circulars or other
advertising material.
Section 2. Violation of this ordinance will be a misdemeanor.
' Section 3. This ordinance shall be effective immediately upon its passage and publication.
Y P F g P
PASSED AND ADOPTED by the Chanhassen City Council this day of
, 1993.
1 A'1 "1EST:
1
Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
t (Published in the Chanhassen Villager on , 1993.)
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