Sec. 82-1. [Door to door solicitation at private residences.]
(a) Definitions. The following words, terms and phrases and their derivations, when used in this section, shall have the meanings ascribed to them in the section, except where the context clearly indicates a different meaning:
(1) City means City of Springdale, Arkansas.
(2) Peddler means any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale.
(3) Peddling includes all activities ordinarily performed by a peddler as indicated in the previous paragraph.
(4) Solicitor means any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, for the purpose of taking or intending to take orders for the sale of goods, wares, merchandise or other personal property of any nature for future delivery, or for services to be performed in the future.
(5) Solicitation includes all activities ordinarily performed by a solicitor as indicated in the previous paragraph.
(b) Duties of city clerk under this section. The city clerk is hereby directed to prepare and maintain a list of the names and addresses of all residents of the city who desire no peddling or soliciting at their residence. The said residents of the city who desire for their name to be placed on this list may do so by contacting the city clerk in person, by phone, or by mail.
(c) Duties of peddler or solicitor. Prior to engaging in the practice of peddling or soliciting at private residences, all persons must first obtain a copy of the list of residents who desire no peddling or soliciting at their private residence. Any peddler or solicitor who contacts any owner or owners, occupant or occupants of said private residences who are on the list, shall be in violation of this section.
(d) Prohibition when signs are posted. It shall be unlawful for any person, while conducting the business of a peddler or solicitor, to enter upon any residential premises in the city where the owner, occupant or person legally in charge of the premises has posted, at the entry of the premises, or at the entry of the principle building on the premises, a sign bearing the words "no peddlers," "no solicitors," "no trespassing," or words of similar import.
(e) Hours restricted. No person while conducting the activities of peddler or solicitor shall enter upon any private residence, knock on doors, or otherwise disturb persons in their residence between the hours of 8:00 p.m. and 9:00 a.m.
(f) Penalty. Any violation of this section shall be deemed a nuisance and punishable by a fine as provided by section 1-9.
(Code 1973, § 22-12; Ord. No. 2212, §§ 1, 2, 8-10-93; Ord. No. 3550, 7-27-04)
Sec. 82-2. Soliciting from public roadways or sidewalks prohibited unless permit granted.
(a) No person shall stand in a public roadway or upon a public sidewalk for the purpose of soliciting a monetary contribution from any occupant of a motor vehicle, unless a permit has first been obtained from the city clerk.
(b) The city clerk shall issue a permit to solicit contributions in the public roadway or sidewalk to any charitable organization that is a valid 501(c)(3) charitable organization under the Internal Revenue Code and such proof of the valid 501(c)(3) status shall be provided to the city clerk.
(c) Permit applications must also be accompanied by a fee of $200.00 and a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at their sole expense, insurance coverage:
(1) That is written by an insurance company with an A- or better rating and is admitted and licensed to do business in the state;
(2) That is in full force and effect for the duration of the permit period;
(3) That provides one million dollars of liability coverage per occurrence with no deductible;
(4) That insures the applicant and all persons who will be soliciting;
(5) That names the city, its officers, employees and elected representatives as additional insured; and
(6) That is written on an occurrence basis.
(d) Permits issued under this ordinance shall only be issued for the days of Friday and Saturday, and for no hours other than those between the hours of 9:00 a.m. and one hour before sunset. Only one permit shall be issued by the city for any particular day or two day period. Permits may be issued to no organization more than once per calendar year. Permits can be issued for a maximum of two separate locations under one permit, but no permit shall be granted which allows solicitation within 150 feet of or on any interstate highway, U.S. or state highway, Emma Avenue or West Huntsville Street. Permit applications may be received by the city clerk at least 60 days and no more than one year prior to any date in which the applicant is applying to solicit in the roadway or sidewalk.
(e) The city shall only issue six total permits per year and no permit shall be issued to any organization for more than one two-day period. Solicitation pursuant to the permit shall only be allowed on Friday and Saturday.
(f) Any person who is soliciting contributions from a motor vehicle while in the roadway, under this chapter, must be 18 years of age or older and must wear a fluorescent orange visibility vest or shirt. No solicitor shall impede traffic or make physical contact with any motor vehicle (such as beating on the window or door).
(g) The organization obtaining a permit shall provide a sign at least 50 feet, but no more than 200 feet from the point of solicitation, which states the name of the organization which is soliciting contributions. The sign shall be on both sides of the street and placed so that it does not impede traffic.
(Ord. No. 3316, § 1, 4-22-03)
Editor's note--Ord. No. 3316, § 1, adopted April 22, 2003, amended § 82-2 in its entirety to read as herein set out. Formerly, § 82-2 pertained to the prohibition of soliciting from public roadways or sidewalks and derived from Ord. No. 3247, adopted September 24, 2002, and Ord. No. 3284, adopted January 14, 2003.
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