2005-0109
INTRODUCED BY: ALBERT D. LAQUE, PARISH PRESIDENT
ORDINANCE NO.
Title
An ordinance to establish regulations for Door-to-Door Solicitation in St. Charles Parish.
Body
WHEREAS, the St. Charles Parish Sheriff's Office has received numerous complaints over the years concerning door-to-door solicitations; and,
WHEREAS, in order to protect the health, safety and well being of the residents in St. Charles Parish the Sheriff's Office has requested that the Parish Council adopt an ordinance to regulate Door-to-Door Solicitations; and,
WHEREAS, it is the desire of the Parish Council to honor said request and adopt said regulations.
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the following regulations are hereby established to regulate Door-to-Door Solicitation.
Objective:
· To Protect residents of St. Charles Parish from fraud and deceit by unscrupulous solicitors.
· To provide the residents of St. Charles Parish with a measure of privacy in their homes.
· Regulate the times solicitors operate in St. Charles Parish by limiting the specific hours in which door to door solicitations can occur.
· Enable residents of St. Charles Parish to further restrict door-to-door solicitation by posting "No Solicitation" signage. Establishing that if a home is posted "No Solicitation" and a solicitor knocks or rings the doorbell, then solicitor is violating the law.
Door -to-Door Solicitors or Peddlers defined:
Door to door solicitation is a practice of going onto private property unannounced with the intent of selling or offering to sell goods or services for a profit. This includes selling goods and or services, offering to sell goods and or services and taking orders for goods and or services. This does not include the solicitation for donations by non-profit groups, nor does it include the distribution of religious or political literature.
Prohibitions:
· The solicitations of any residence after the hours of 6:00 p.m. and before 10:00 a.m. are prohibited.
· The solicitation of any residence on Sundays is prohibited.
· The solicitation of any residence having signage clearly posted "No Solicitation" is prohibited.
· The solicitation of any residence without the solicitor being in possession of a valid solicitors permit is prohibited. Solicitor shall upon demand of any resident, occupant and or law enforcement officer, produce said permit along with photo identification.
Permits required:
Solicitation permits, issued by the Sheriff's Office, are designed to fully identify those solicitors operating in St. Charles Parish. This permit requires the production of proof of identification and a completed application.
Application:
The Application for a permit for Door to Door Solicitation shall be in writing, sworn and contain the full name, correct address, full description, date of birth, driver's license number and other identifying data of the applicant and shall include a signed statement that he possesses the qualifications set forth in this article.
Qualifications of applicants; grounds for denial:
(a) Each applicant for a permit for Door to Door Solicitation shall possess the following qualifications:
(1) Is a person of good character and reputation and over (18) years of age.
(2) Has not been convicted of a felony under the laws of the United States, this state or any other state or country.
(3) Has not been convicted for a crime of violence under the laws of the United States, this state or any other state or country.
(b) The Sheriff may refuse to issue a permit for Door-to-Door Solicitation to any person who lacks any of the qualifications set forth in subsection (a), or in the interest of public health, safety and morals.
Exhibition:
Any person holding a permit shall have the permit displayed on their outer clothing while performing the solicitation and shall be required to exhibit it to a resident or law enforcement officer upon request.
Fees:
Permit fees shall be $100 per solicitor if license is purchased before July 1, and $50.00 if purchased on or, after July 1. All licenses expire December 31, of the same year purchased.
Suspension or Revocation:
Violations of any of the above prohibitions, or any other criminal offense involving the solicitation of any resident or occupant of St. Charles Parish, shall be grounds for the suspension or revocation of a Solicitation permit.
Appeals:
Any person aggrieved by the decision of the Sheriff in refusing to issue or in suspending or revoking a permit for Door to Door Solicitation may take an appeal to the Parish Council within 15 days of written notification of the decision. The appeal must be taken by submitting a written request therefore to the secretary of the parish council, and the parish council shall hear said appeal within 30 days of receipt of said notice of appeal by the secretary. The decision of the Sheriff shall be final unless appealed within the time and in the manner set forth above.
Exemptions:
Representatives of religious groups, non-profit organizations (scouting, etc) are exempt from the permitting requirement. However, non-profit solicitors may not solicit residences displaying "No Solicitation" signage.
Penalties:
Violation of the provisions of this article shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) and/or imprisonment up to six (6) months in jail.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this ______day of _________, 2005, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________