ORDINANCE NO. 2016-01 – PEDDLING AND SOLICITING
ORDINANCE NO. 2016-01
AMENDMENT TO TITLE ELEVEN (XI), BUSINESS REGULATIONS, CHAPTER 112, PEDDLING AND SOLICITING, OF THE CLINTON COUNTY, STATE OF INDIANA, CODE OF ORDINANCES
WHEREAS, a number of citizens of Clinton County have concerns about unregulated solicitation of goods and services in Clinton County; and
WHEREAS, peddlers have been approaching residences at all hours of the day and night around the County; and
WHEREAS, it is in the public interest to establish reasonable rules for the safe and responsible activity of soliciting goods and services; and
WHEREAS, Clinton County already has a peddling and soliciting Ordinance in place, but said Ordinance only applies to County property and buildings; and
WHEREAS, Indiana Code 36-1-3-6 allows the Board of Commissioners to establish such an ordinance extending to and applying to any area in Clinton County where the Clinton County Commissioners and Clinton County Sheriff have jurisdiction.
NOW, THEREFORE,
BE IT ORDAINED BY THE CLINTON COUNTY COMMISSIONERS, OF THE STATE
OF INDIANA, AS FOLLOWS:
1. That the current section 112.01 titled, “DEFINITIONS”, shall be restated as follows:
COUNTY BUILDING OR OFFICE. Any building or office owned or leased by the County of Clinton, State of Indiana.
CANVASSER.
• A person who attempts to support for or against a particular religion, philosophy, ideology, political party, issue or candidate; OR
• Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service.
PEDDLER. A person who attempts to make personal contact with a resident of Clinton County at his or her residence without prior specific invitation from the resident, with the primary purpose of attempting to sell or solicit a good or service, whether or not the goods or services are actually delivered at the time of the sale. This term includes solicitors and those collecting information for commercial purposes.
PEDDLING. The activity of any person in traveling from office to office, residence to residence or from place to place carrying or conveying goods, wares, merchandise, food, beverages or produce, offering and exposing same for sale, or making sales and delivering articles to pw-chasers.
2. That Section 112.02 shall be renamed to “REGISTRATION REQUIRED” and state as follows:
(A) No person shall be engaged as a peddler in unincorporated Clinton County, Indiana, without first complying with the requirements of this Chapter
and registering, in person, with the Clinton County Sheriff” s Office.
(B) Registration is not required for canvassers.
(C) Registration is good for thirty (30) days.
(D) Each person engaging in peddling activities, whether individually or as a representative of a company shall complete a registration.
(E) Registrations are non-transferrable. No person shall believe they have been registered unless, they personally, have registered with the Sheriff’s Office.
3. That Section 112.03 shall be added and entitled “REGISTRATION FORM” and state as follows:
Peddlers seeking to register must file at the Clinton County Sheriff’s Office during nonnal business hours. The form provided by that Office shall
give the following information:
(A) Proof of age, address, and identification of registrant, to be provided by presenting the registrant’s driver’s license, state identification
card, passport, or other United States government-issued identification card;
(B) A brief description of the nature of the business and the goods to be sold;
(C) Name and address of the company represented by the registrant;
(D) The motor vehicle make, model, year, color, and state license plate number of any vehicle, which will be used by each person.
4. That Section 112.04 shall be added and entitled “PROHIBITION” and state as follows:
(A) No person or group shall:
1. With or without a registration, enter upon private property where any form of sticker or sign is clearly displayed advising that the occupant does not wish to be called upon by peddlers, canvassers, and/or solicitors, such as, but not limited to, a “No Soliciting” sign or a “No Trespassing” sign;
2. With or without a registration, remain on private property after being asked by the occupant to leave;
3. With or without a registration, remove any sign or sticker that gives notice by the occupant to not be called upon;
4. With or without a registration, damage private property.
(B) No Person Shall:
1. Engage in peddling activities as defined above without first registering with the Clinton County Sheriffs Office;
2. Once registered as a peddler, the registrant may only operate between the hours of 9:00 A.M. and 8:00 P.M.
3. No person or persons, for themselves or for or on behalf of any other person or persons or for or on behalf of any organization or organizations, shall solicit contributions of money or other items of value or offer items for sale or in exchange for or in consideration of contributions or
payment within the unincorporated areas of Clinton County on or in any public street, road, right of way, median or sidewalk.
4. Enter any county building for the purpose of canvassing or peddling without the prior written consent of;
a. The Clinton County Board of Commissioners, if such activity is to be conducted in the Clinton County Courthouse; or
b. The Department head or highest officer in charge, if such activity is to be conducted in or on the premises of any other county building; and, provided further, that such activity may be conducted if the prior written invitation of the Clinton County Board of Commissioners is furnished or exhibited.
(C) No person, organization, corporation, or business entity to instruct, direct, command, order, organize or otherwise arrange for any person to engage in any violation of this Chapter.
5. That Section 112.99, entitled ”PENALTY” shall be restated as follows:
Any person violating the provisions of the aforementioned subsection (A) may be subject to criminal penalties under Indiana Code.
Any person violating the provisions of the above subsection (B) shall be punished by the following fines: a fine of one hundred dollars ($100.00) for the first offense, a fine of two hundred fifty dollars ($250.00) for a second offense and five hundred dollars ($500.00) for a third and subsequent offense. Multiple citations may be issued on the same day, if more than one offense occurs.
Any person, organization, corporation or business entity in violation the provisions of this Subsection (C) shall be punished by a fine of not less than five hundred dollars ($500.00) for each violation.
6. Severability: If any section, provision, or part of this Chapter is adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Chapter as a whole or any portion thereof not adjudged invalid or unconstitutional.
7. Effective Date: This Chapter shall be in full force and effect from and after its passage, approval, and publication according to law.
ADOPTED this 1st day of February, 2016.
THE CLINTON COUNTY COMMISSIONERS, STATE OF INDIANA
