Ordinance 03-2012

Ordinances Recently Adopted by the Riverlea Village Council

Ordinance 03-2012

An Ordinance to Modify Restrictions on Uninvited Peddlers and Solicitors

Introduced by Ms. Jenny Jones

WHEREAS, the existing Riverlea Code provides a mechanism by which residents may notify uninvited charitable solicitors, by placing a specified notice on the residence that the residents do not desire to be subjected to their solicitation, and provides protections against those who ignore such notices; and

WHEREAS, Council of the Village has determined that the public health, safety and welfare will be promoted by providing residents with such protection against all uninvited persons who seek to peddle to or to solicit residents, or to engage those residents in commercial or financial transactions despite such notification by residents.

Now, therefore, be it ordained by the Council of the Village of Riverlea, State of Ohio, a majority thereof concurring:

Section 1. Amending Restriction on Certain Solicitors.

1. That Riverlea Code Section 111.02 is hereby amended by deleting the current version thereof and replacing that section in its entirety with the following:
   § 111.02 Definitions
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.Charitable. Means and includes the words: political, patriotic, philanthropic, social service, welfare, benevolent, religious, educational, fraternal or any agency created for the purpose of supporting health research or health measures, either actual or purported.

   Contribution. . The gift, sale for less than market value or purchase for more than market value of alms, food, clothing, money or property, to include donations under the guise of a loan of money or property or the rental thereof for any charitable use or purpose.

   Solicit and Solicitation. The request, either directly or indirectly, for money or financial assistance on the plea or representation that such money or financial assistance will be used for a charitable purpose. Without limiting the generality of the above, the words “solicit” and “solicitation” shall include the following methods of securing money or financial assistance on the plea or representation that it will be used for a charitable purpose:

   1. Any oral or written request;
   2. The distribution, circulation, mailing, posting, or publishing of any handbills, written advertisement or publication;
   3. The making of any announcement through the press, radio, television, or by telephone or telegraph concerning an appeal, assembly, athletic or sporting event, bazaar, benefit, campaign, contest, dance, dinner, entertainment, exhibition, exposition, party performance, picnic, sale, social gathering, or similar events, which the general public is requested to patronize or to which the general public is requested to make contribution;
   4. The sale of, or the offer or attempt to sell any advertisement, advertising space, book, card, chance, coupon, device, magazine, membership, merchandise, subscription, ticket or other thing.

   A “solicitation,” as defined herein, shall be deemed completed when made, whether or not the person making the same receives any contribution or makes any sale.Peddler and Peddling. “Peddler” means any person who, whether as an employee or otherwise, engages in the business of peddling, selling, hawking, vending, delivery or soliciting for sale, either at retail or wholesale, any merchandise, goods and services, or who otherwise solicits another to enter into a commercial or financial transaction, from any place other than the fixed, principal place of business of such person. The term “peddler” shall not include a person engaged in the delivery or sale of pre-ordered goods to a private residence or business with the prior consent of the owner, occupant, lessee, or the designee of said persons, including but not limited to employees.”

2. That Riverlea Code Section 111.03 is hereby amended by deleting the current version thereof and replacing that section in its entirety with the following:
   § 111.03 Prohibition of Door-to-Door Sales and Solicitation

   1. The owners or occupants of any residence may evidence a determination to refuse to receive any uninvited peddlers or solicitors by displaying a weatherproof card, sign or decal not less than 3 inches by 4 inches in size nor more than 1 square foot in total surface area upon or near the main entrance door to the residence, or within the residence if such card may be viewed from outside the main entrance door to the residence, containing the words “No Peddlers or Solicitors” with letters at least 1/3 inch in height. Any such weatherproof card, sign or decal that complies with the requirements of this section shall be exempt from any requirement to obtain a certificate of appropriateness under Riverlea Code §§ 151.065 through 151.074, inclusive.
   2. No person shall ring the door bell, rap or knock on any door, create any sound in any manner to attract the attention of any occupant of such residence, nor remain upon such premises, for the purpose of securing an audience with the occupants thereof and engage in peddling or in solicitation in defiance of a notice displayed pursuant to this section.
   3. Whoever violates any of the provisions of this section shall be subject to the provisions of § 111.99.
3. That Riverlea Code Section 111.99 is hereby amended by deleting the current version thereof and replacing that section in its entirety with the following:
   § 111.99 Penalty

   1. Any person who violates a provision of § 111.03 or fails to comply therewith shall, for each and every such violation, be guilty of a misdemeanor, and upon conviction thereof be fined not less than $200 nor more than $500. The imposition of a penalty for the violation of that section shall not excuse the violation or permit it to continue. Each 24-hour period during which such violation or noncompliance shall continue shall constitute a separate offense.
   2. Whoever violates any of the provisions of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 111.99. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Section 2. Repeal of Permit Requirements. That existing Riverlea Code Sections 111.04, 111.05, 111.15, 111.16, 111.17, 111.18, 111.19, 111.20, 111.21, 111.35, 111.36, 111.37, and 111.38 are hereby repealed.

Section 3. The Statues to be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Section 111.02, 111.03 and 111.99, which are amended by Section 1 above, are hereby set forth:

Section 4. Effective Date. That this Ordinance shall take effect from and after the earliest date permitted by law.

Section 5. Open Meetings. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.

Section 6. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:

1. The Circle on West Riverglen Drive.
2. The Ravine Park on West Riverglen Drive.
3. The Northwest corner of Beverly Place and Dover Court.
4. Lot 75 on West Riverglen Drive.
5. Lot 7 on West Southington Avenue.

Copies of this Ordinance shall be posted continuously in the above-mentioned places for a period of fifteen (l5) days.Passed this 17th day of September 2012.

Kirk M. McHugh, Mayor

ATTEST:

Pamela M. Colwell, Clerk of Council

I hereby certify that on the the 18th day of September, 2012, I posted a copy of the above Ordinance in each of the five places heretofore designated by Council as the most public places in the Village of Riverlea and that the same remained there posted continuously for fifteen (15) days.

Pamela M. Colwell, Clerk of Council