Lodi Municipal Code Ch. 9.16 Solicitors and Peddlers

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Peddler" means any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any goods, wares, merchandise or thing, in the possession of the seller, at any place in the city other than from a fixed place of business, and who does not follow a prearranged fixed route or serve purchasers in the city regularly and continuously.

B. "Solicitor" means any person who takes orders, or offers to sell or take orders for any goods, wares, merchandise or thing, for future delivery, or for services to be performed, at any place in the city other than a fixed place of business, and who does not follow a fixed route or serve prospective purchasers in the city regularly or continuously. "Solicitor" does not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies, or newspaper carriers.

(Ord. 1607 § 3, 1995; Ord. 1352 §§ 1, 2, 1985)

Every person desiring to engage in soliciting/peddling as defined in this chapter from persons in residences and/or from commercial establishments, is required to make written application for a certificate of identification as hereinafter provided of the completed application. Such certificate shall be carried by the solicitor.

(Ord. 1352 § 3, 1985)

A. Application for a certificate of identification shall be made upon a form provided by the municipality. 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 application and date of birth;

4. Physical description of the applicant;

5. Name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation;

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. Period of time for which the certificate is applied;

9. The date, or approximate date, of the latest previous application for certificate under this chapter, if any;

10. Whether or not a certificate of identification issued to the applicant under this chapter has ever been revoked;

11. Whether the applicant ever has been convicted of a violation of a felony under the laws of the state or any other state or federal law of the United States;

12. Names of magazines, journals or books;

13. Names of the three most recent communities where the applicant has solicited house to house;

14. Proposed method of operation;

15. Signature of applicant;

16. Social security number of applicant;

17. Present identification with a photograph and operators license number.

B. All statements made by the applicant upon the application or in connection therewith shall be under oath.

C. The applicant shall submit to fingerprinting by the police department at the municipality in connection with the application for the certificate.

D. All applicants are subject to fingerprinting and photograph at a fee according to the current city council resolution setting fees and the department of justice fee schedule.

E. The chief of police or his designee shall keep in their office an accurate record of survey of every application received and acted upon together with all other information and data pertaining thereto and all certificates of identification issued under the provisions of this chapter, and the denial of applications. Applications for certificates shall be numbered in consecutive order as filed, and every certificate issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued. Upon completion of the application pursuant to this section the chief of police or his designee shall issue a certificate of identification.

F. No certificate of identification shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States, within five years of the date of application; nor to any person who has been convicted of a violation of any of the provisions of this chapter; nor to any person whose certificate of identification issued under this chapter has previously been revoked as provided in this chapter.

(Ord. 1352 § 4, 1985)

A. Any certificate of identification issued under this chapter shall be revoked by the chief of police if the holder of the certificate is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a certificate of identification under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the chief of police to the holder of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application.

B. Immediately upon the giving of such notice the certificate of identification shall become null and void.

C. The certificate of identification shall state the expiration date thereof.

(Ord. 1352 § 5, 1985)

A. Every person desiring to secure the protection provided by the regulations pertaining to soliciting contained in this chapter, shall comply with the directions set out in this section.

B. Notice of the determination by the occupant of refusal of invitation to solicitors and/or peddlers, to any residence or commercial property, shall be given in the manner following: a weatherproof sign shall be exhibited upon or near the main entrance door to the residence or commercial establishment, indicating and giving notice of the determination by the occupant containing the applicable prohibitive language such as, but not limited to, words as follows: "No Solicitors/Peddlers Invited," "No Solicitation," No Peddling."

(Ord. 1361 § 1, 1985: Ord. 1352 § 6, 1985)

A. If the notice states "No Solicitors/Peddlers Invited" or other applicable prohibitive word, then the solicitor/peddler shall immediately and peacefully depart from the premises.

B. Any solicitor/peddler 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.

(Ord. 1361 § 2, 1985: Ord. 1352 § 7, 1985)

It is declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such premises, for the purpose of securing an audience with the occupant thereof and engage in soliciting as defined in this chapter, in defiance of the notice exhibited at the premises in accordance with the provisions of Section 9.16.060 of this chapter.

(Ord. 1352 § 8, 1985)

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be considered guilty of a misdemeanor.

(Ord. 1352 § 9, 1985)

At the time of filing an application for a certificate of identification, the applicant shall pay a fee in accordance with the following:

A. For each certificate of identification, a sum as adopted from time to time by resolution of the city council.

B. Fees prescribed heretofore in this chapter shall be in addition to any other lawful fees imposed by the city for doing or conducting business within the city and does not exempt an individual or entity from obtaining a business license pursuant to Chapter 5.04 of this code.

(Ord. 1352 § 10, 1985)