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HomeMy WebLinkAboutOrd1983-515 04/20/83 ST :LM: 1m . . . e ~ntroduced By: City Attorney Introduction Date: 04/25/83 Public Hearing & 05/09/83 Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE NO. 515 AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTER 15 AND REPEALING AND RE-ENACTING CHAPTER 16, SEWARD CITY CODE, REGULATING PEDDLERS, SOLICITORS, ETC. WHEREAS, the City of Seward deems it in the best interest of the public welfare to impose reasonable regulation on the solicitation of funds or sales on public property and door-to-door, in order to lessen the likelihood of fraud, deceit or misunderstanding by the public, and to lessen the likelihood that the manner of soliciting funds or sales will create a nuisance to the public or unreasonably infringe on the public's reasonable expectation of privacy, all while giving due consideration to the reasonable needs of those seeking to solicit funds or sales with the City, NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Section 15-8 of the Seward City Code is hereby repealed. Section 2. Chapter 16 of the Seward City Code is hereby repealed and re-enacted to read as follows: CHAPTER 16 PEDDLERS, SOLICITORS, ETC.1 ~ 16-l. Permit for solicitation of sales or funds on city property. ~ 16-2. Uninvited door-to-door soliciting on residential property. ~ 16-3. Exceptions from chapter; intent of chapter. Sec. 16-1. Permit for solicitation of sales or funds on City property. (a) No person or entity shall solicit funds or secure subscriptions for the payment thereof, or sell or solicit orders for the sale of services or goods upon property owned or controlled by the City without first securing written permission to do so from the City Chief of Police. (b) The applicant for a permit shall be required to answer truthfully such questions as may be put to him. The 1 For state law authorizing city to license, regulate, etc., peddlers, etc., see A.S. 29.10.180. . . . . e CITY OF SEWARD, ALASKA ORDINANCE NO. 515 police chief may require as a prerequisite to the issuance of a permit, the preparation of a card to be exhibited to each prospective donor showing required information. The informa- tion to be required on the card may include the purpose, character, method and estimated expenses of the solicitation, the need for the contribution to be solicited, the proposed use of the solicited funds, the amount that will remain available for the stated purpose over expenses, the amount received from solicitation in the preceding calendar year, the expenses of such solicitation, and the amount that remained available for the stated purpose. In case any person or organization deems themselves aggrieved by the provisions hereof, he may appeal the decision of the Chief of Police to the City Council. (c) Each person engaging in public solicitation as permitted herein shall keep in his possession a copy of the permit issued by the Chief of Police and shall exhibit it to any citizen upon demand. (d) Any person receiving a permit shall pay to the City a fee according to a schedule to be fixed from time to time by resolution of the City Council. (e) The City may investigate the information on any permit application and may inspect the records of the solici- tors and give publicity to its findings. Sec. 16-2. Uninvited door-to-door soliciting on residential property. No one shall go in or upon private residences in the City for the purpose of soliciting funds or sales of services or goods, or for the purpose of selling or disposing of the same not having been requested or invited to do so by the owner or occupant of the private residences. Sec. 16-3. Exemptions from chapter; intent of chapter. The provisions of this chapter shall not apply to fund-raising activities of charitable, religious, civic or educational organizations, or other nonprofit organizations which apply for and receive from the City Clerk authorization to conduct their activities on City property or door-to-door. It is the intent of this chapter not to discriminate between residents of this City or of the State and nonresidents thereof, and it is expressly provided that this chapter shall apply without discrimination to all persons, residents of the City or State or nonresidents thereof. Section 3. This ordinance shall take effect 10 days following enactment. . . . . . CITY OF SEWARD, ALASKA ORDINANCE NO. 515 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 9th day of May , 1983. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF SEWARD, ALASKA Q!/2~"Pi~~ :{ice-l1ayor Burgess, Gillespie, Meehan, O'Brien, Swartz and Wilson None Cripps None APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attorneys for the City of Seward (City Seal) Frk!rvJt~ City Attorney