HomeMy WebLinkAboutORDINANCE No. 20-01-413 - 01/06/2020 - Door-to-Door Salesmen, Art. II, Chptr 361
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STATE OF GEORGIA
COUNTY OF FULTON
CADINANCE NO.20-01-413
AN ORDINACE TO AMEND ARTICLE II OF CHAPTER 36. DOOR TO DOOR
SALESMEN. OF THE CODE OF THE CITY OF MILTON, GEORGIA
BE IT ORDAINED by the City Council for the City of Milton, Georgia as follows:
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of
Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and
regulations for the protection and preservation of the public health, safety and welfare of its
citizens; and
WHEREAS, Article II of Chapter 36 of the City of Milton Code of Ordinances regulates
the door-to-door solicitation in the City of Milton and imposes various requirements and
regulations on individuals seeking to solicit within the City; and
WHEREAS, the Mayor and Council have determined that it is in the best interest of the
City's residents to amend the existing regulations;
NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS, as follows:
SECTION 1. That Article Il of Chapter 36 of the City of Milton Code of Ordinances is
hereby replaced in its entirety by the text attached hereto as Exhibit A.
SECTION 2. That all ordinances or part of ordinances that conflict with the terms of this
ordinance are hereby repealed; and
SECTION 3. This Ordinance shall become effective upon adoption by the Mayor and
City Council and the signature approval of the Mayor.
SO ORDAINED this the 6th day of January 2020, the public's health, safety, and welfare
demanding it.
Attest:
5W76 /q,/
Sudie Gordon, City dlerk
Approved:
Joe Lockwo' d, Mayor
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Exhibit A
ARTICLE II. - DOOR-TO-DOOR SALESMEN
DIVISION 1. - GENERALLY
Sec. 36-19. - Definitions.
For the purpose of this article, the following words as used herein shall be considered to
have the meaning herein ascribed thereto:
Handbill means any printed or written material, any leaflet, pamphlet, paper, booklet, or any
other printed or otherwise reproduced original copies of any matter or literature pertaining to any
speech, whether commercial or noncommercial.
Moral turpitude means, in relation to a criminal offense, a crime that is contrary to justice,
honesty, modesty, good morals or a person's duty to other people. Misdemeanors that are crimes
of moral turpitude for the purpose of this article include, but are not limited to, theft, bad
checks, shoplifting, making terroristic threats, giving a false name to a police officer, false
swearing, forgery, fraud and extortion.
Residence includes every separate living unit occupied for residential purposes by one or
more persons, contained within any type of building or structure.
Soliciting includes any one 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;
2) Seeking to obtain prospective customers for the 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.
Solicitor includes any person who solicits orders or appointments on behalf of a firm,
corporation, company, association, partnership or individual for any goods, wares, services, or
merchandise or other things of value, from house to house. Any person who obtains orders or
appointments for merchandise, services, or other things of value shall be deemed a solicitor. The
term solicitor shall not mean an individual or field sales representative working for or on behalf
of a bona fide charitable or nonprofit organization, or students or parents of students (i.e., PTA,
booster club organizations) participating in approved school -sponsored fund raisers.
Secs. 36-20-36-38. - Reserved.
DIVISION 2. - PERMIT
Sec. 36-39. - General provisions.
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(a) Required. It shall be unlawful for any person to engage in the business of soliciting,
calling on residences door-to-door without first having obtained a permit in accordance
with the provisions contained in this article.
(b) Exceptions. The requirement of subsection (a) of this section is meant to apply to door-to-
door solicitations for commercial transactions for profit only. The requirement of
subsection (a) of this section does not apply to the following:
1) It is not meant to regulate solicitation for charitable, political, or other nonprofit
purposes; provided that all sales proceeds are the property of and used by the
nonprofit organization.
2) It does not apply to officers or employees of the city, county, state, or federal
government, or any subdivision thereof, when on official business.
(c) Display. Each person shall at all times while soliciting in the city carry upon his or her
person the permit so issued and the same shall be exhibited by such solicitor whenever he
or she is requested to do so by any police officer or by any person solicited.
(d) Contents. Each permit issued shall contain:
1) The name of the solicitor;
2) The name and address of the person whom the solicitor is employed by or
represents;
3) A photograph of the solicitor (such photograph shall be provided by the solicitor
and shall be at least two inches by two inches in size); and
4) Physical description.
(e) Expiration. The permit shall state the expiration date thereof. In no event shall a permit
be valid for more than six months.
Sec. 36-40. - Application.
(a) Required; fee; contents. Application for a permit shall be made upon a form provided by
the city and shall be accompanied by the permit fee as established from time to time by
the city council, as cost for investigation and regulation under this article. This fee shall
be used for payment of the cost of such registration, investigation and regulation of
persons subject to this article. The city police department shall have applications
available on request. The applicant shall truthfully state in full the information requested
on the application, to wit:
1) Name and address of present place of residence and length of residence at such
address, also business address if other than present address;
2) Address of place of residence during the past three years if other than present
address;
3) Age of applicant;
4) Physical description of the applicant;
5) Name and address of the person whom the applicant is employed by or represents;
and the length of time of such employment or representation;
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6) Name and address of employer during the past three years if other than the present
employer;
7) Description sufficient for identification of the subject matter of the soliciting in
which the applicant will engage;
8) Proposed route, including streets to be included on each day, which applicant intends
to follow;
9) The date, or approximate date, of the latest previous application for permit under this
article, if any;
10) Whether the applicant has ever been convicted of a felony, a crime of moral
turpitude, or any other violation of any state or federal law;
11) Names of magazines, books, or j ournals to be sold;
12) Names of the three most recent communities where the applicant has solicited house
to house;
13) Proposed method of operation;
14) Description and license plate number of vehicle intended to be operated by applicant;
15) Signature of applicant; and
16) Social security number and date of birth of applicant.
(b) Oath. All statements made by the applicant upon the application or in connection
therewith shall be under oath.
(c) Criminal Record. Upon application, the city's police department shall have a complete
and exhaustive search made relative to any criminal or arrest record of the applicant
based upon information provided by the applicant and/or the applicant's government -
issued identification. The presence of an arrest record shall be used for investigative
purposes only and shall give rise to no presumption or inference of guilt.
(d) Procedure upon filing solicitation application. The city police department shall review
the application to determine its compliance with the terms of this article within seven (7)
business days after receipt of the same. Thereafter, the city police department shall either
issue a permit to the applicant or notify the applicant that the application has been denied.
Any denial of an application shall be provided to the applicant in writing and shall
specifically note the specific reasons for denial. Such notice shall be mailed to the
applicant at the address shown on the application form, or at the applicant's last known
address.
(e) Records. The city manager shall cause to be kept in his or her office an accurate record of
every application received and acted upon together with all other information and data
pertaining thereto and all permits issued under the provisions of this article, and of the
denial of applications. Applications for permits shall be numbered in consecutive order as
filed, and every permit issued shall be identified with the duplicate number of the
application upon which it was issued.
(f) Denial of a Permit. An application for a permit may be denied only for the following
reasons:
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1) The applicant failed to fully complete the application or failed to provide all required
information;
2) The applicant gave fraudulent or untruthful information in the original application
or renewal process;
3) The applicant has been convicted of or plead guilty or nolo contendere to a felony;
4) Within five years of the date of the application, the applicant has been convicted of
or plead guilty or nolo contendere to a crime of moral turpitude;
5) Within five years of the date of the application, the applicant has been convicted or
plead guilty or nolo contendere to a crime involving:
a. Illegal gambling;
b. Illegal possession or sale of controlled substances;
c. Keeping a place of prostitution;
d. Pandering;
e. Pimping;
f. Public indecency;
g. Prostitution;
h. Solicitation of sodomy; or
i. Any sexual related crime.
6) The applicant has been convicted of a violation of any of the provisions of this
article; or
7) The applicant has previously had a permit issued hereunder revoked as herein
provided.
(g) Term; renewal. A permit issued under this article shall be valid for a six-month period
from the date the permit is issued. The permit may be renewed by filing a renewal
application upon forms prescribed by the city and paying a renewal fee to cover the
expense of updating the investigative report.
Sec. 36-41. - Revocation.
(a) Any permit issued hereunder shall be revoked by the city manager if the holder of the
permit is convicted of a violation of any of the provisions of this article or has made a
false material statement in the application, or otherwise becomes disqualified for the
issuance of a permit under the terms of this article.
(b) Immediately upon such revocation, written notice thereof shall be given to the holder of
the permit in person or by certified United States mail addressed to his or her residence
address set forth in the application or at the applicant's last known address.
(c) Immediately upon the giving of such notice the permit shall become null and void and
must be turned in to the city manager's office.
Sec. 36-42.- Appeals by solicitors
(a) A solicitor shall have the right to file an appeal to the city council for the denial of a
permit or the revocation of a permit under this article.
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(b) If any solicitor or his company is dissatisfied with the decision of the city council upon
appeal, he or she shall have the right to appeal as provided by the laws of the state.
Secs. 36-43-36-60. - Reserved.
1-01M, OW&JEI R X4M I 1801�1
Sec. 36-61. - Routes.
To the extent practical, each solicitor shall identify the streets and routes which he or she
will follow on each day he or she is engaged in the business of soliciting. If changes in routes are
made, then such changes must be immediately reported to the city manager's office.
Sec. 36-62. - Prohibited acts.
(a) Fraud, misrepresentation, etc. Any licensed solicitor who shall be guilty of any fraud,
cheating or misrepresentation, whether himself or herself or through an employee, while
acting as a solicitor in the city, shall be deemed guilty of a violation of this article.
(b) Creating nuisance. It is hereby declared to be unlawful and shall constitute a nuisance for
any person to go upon any premises and ring the doorbell upon or near any door, or
create any sound in any other manner calculated to attract the attention of the occupant of
such residence, for the purpose of securing an audience with the occupant thereof and
engage in soliciting if the occupant of said residence has made it clear, by written sign or
otherwise, that solicitors are not invited. No person shall enter a home without the
express invitation of the occupant or owner. If a "no soliciting" sign is posted, no
soliciting shall occur.
(c) Prolonged stay after request to leave. Any solicitor 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 the occupant or when the occupant indicates that he
or she is not interested in purchasing the solicitor's product.
(d) Entry on Private Property, Generally. If a "no soliciting" sign is posted, no handbills
shall be left on the property. Irrespective of whether an individual is a solicitor, any
person who distributes handbills on property containing a "no -soliciting" sign shall be in
violation of this ordinance and subject to citation.
(e) Solicitation outside prescribed times. It shall be unlawful to engage in soliciting between
the hours of 30 minutes after sunset and 9:00 a.m. on any day.
Sec. 3 6-63. -Penalties.
In addition to section 36-41 of this article, any person who violates any provision of this
article shall be subject to citation and prosecution in municipal court, with a fine of up to
11,010.00 and/or imprisonment in jail for a period not to exceed 60 days or both.
Secs. 36-64-36-81. - Reserved.
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