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HomeMy WebLinkAboutORD-2011-005 (Not Approved) An Ordinance Defining and Regulating Peddling and Solicitation in Orange CoO`RD-aol�- 005 a 1 - ��171� AN ORDINANCE OF THE ORANGE COUNTY BOARD OF COMMISSIONERS DEFINING AND REGULATING PEDDLING AND SOLICITATION WHEREAS, pursuant to N.C. Gen. Stat. § 153A -121 a county may by ordinance define, prohibit, regulate or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the County; and WHEREAS, pursuant to N.C. Gen. Stat. §153A -125 a county may by ordinance regulate, restrict or prohibit the business activities of itinerant merchants, salesmen, pro4069, peddlers, flea market operators and flea market vendors. NOW, THEREFORE, BE IT ORDAINED by the Boaiof Commissioners for Orange County, North Carolina as follows: PART I. That the Code of Ordinances, Orange County, North Carolina, is Hereby amended by adding a new Article to read as follows:.. ARTICLE ONE. PEDDLING AND< :SOLICITING Section 1. (a) Intent. The purpose of this ordmanre is bo"r`egulate the door -to -door offering for sale and selling of goods, wares, merchandise, food, periodicaR `and services z'or tjhe solicitation of orders therefor and the solicitation of money for charitable or other causesin residerital arasa ,the county, and to thereby promote the public safety, protect the privacy of citizens and residents, prevent crime, and promote the general welfare of citizens and residents of Orange County.L (b) Defiitrgnsa; Peddlin BAs used in this ordinance thesterm peddling means to sell or purchase or offer for sale or purchaseggods, wares, merchandise, advertising or services, by either of the following (i) Person ti Person contact at private residences, apartments, rooms, hotels, motels or lodging places w }thin the County; Nit.) Door- contact at private residences, apartments, rooms, hotels, motels or lodging places vv�thin the County. (2) Soliciting: _ �A�ttsed in this ordinance the term soliciting means to request, directly or indirectly, money, clothing, gifts, donations or similar things of value to be used in whole or in part to benefit a charitable or non - profit purpose or entity, by either of the following methods: (i) Person -to- Person contact at or near private residences, apartments, rooms, hotels, motels or lodging places within the County; (ii) Door -to -door contact at or near private residences, apartments, rooms, hotels, motels or lodging places within the County. (c) Permit required. It is unlawful for any person, firm or corporation to sell, offer for sale, or solicit orders for goods, wares, merchandise, food, periodicals or services by going from door -to -door ( "peddle" or "solicit ") within the county without having first secured a peddling/soliciting permit from the county as provided 3 2 for in this section, unless it is done with the prior request or invitation of the residents or occupants of the premises visited. Additionally, it is unlawful to peddle or solicit unless the following requirements are met: (1) Such peddling and soliciting shall be permitted only between the hours of 9:00 a.m. and 6:00 p.m. during Eastern Daylight Time and 9:00 a.m. to 5:00 p.m. during Eastern Standard Time. (2) The peddling/soliciting permit issued for that person shall be carried and displayed at all times while conducting such solicitations in such a manner as to be clearly visible to a reasonable person possessing average visual ability. (3) All other permits or licenses required by law shall have been obtained. (d) Permit applications. Applications for peddling/soliciting permits under this section shall be submitted to the Sheriff's office during normal business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m. Eastern Time) on a form provided by the Sheriff's office, u1d�er oath, and shall include, but not be limited to, the following information: k (1) The full name of the (2) The permanent residence address of th �apliliddi t; (3) The applicant's temporary address in, or in the vicinity of, the county, if applicable; (4) The name and address of the applicant' r the organization with which the z applicant is asgoBtated in connection with the peddling or soliciting; RI (5) e(s) of Qi tions, goods, wares, merchandise, food, periodicals and services to be requested, pecldl . i, sohcij' sold or offered_for sale; (6) The perioe consecutive calend without limit, upon :ion is sought, which shall not exceed sixty (60) the permit may be renewed for sixty -day periods (7) The age, height, weight, , and any other additional information which the county may reasonably require for identificafo, including a copy of the document(s) used by the applicant to verify personal identification (e.g. driver's license, passport, picture I.D.); (8) A complete listing of and information concerning all other permits or licenses, such as privilege licenses, which were obtained by the applicant; (9) A statement as to whether the applicant has been convicted of any crime, including a misdemeanor or the violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; (10) A current photographic identification card, e.g. driver license, passport or official state issued identification card of the applicant. If none is available the applicant must be photographed at the Sheriff's office before the application may be processed. 2 5 If an application is filed by an employer, there shall also be filed separate applications for each peddler and/or solicitor giving the information set forth above for each peddler and/or solicitor and signed and sworn to by each peddler and/or solicitor, and a separate permit shall be issued for each applicant. (e) Procedures for considering applications. (1) Upon receipt of a complete application, the Sheriff's designee shall make or cause to be made such investigation as reasonably necessary to verify the information in the application and to assure compliance with the provisions of this section and shall issue a permit unless the applicant: a. Has not submitted a completed b. Is not permitted by law to engagt :in scl`jactivity due to age; C. Has been convicted of, or has pleaded no contest to, a felony charge within the five (5) years preceding the submittal of the application, d. Has been, within the previous five (5) years, convicfedzof, or pleaded no contest to, a misdemeanor charge involving theft, fraud, forging, utteruig; or other crimes of like nature or any cruneopvolving moral turpitude; fi< F 'k;' Xr � +'✓ e. Does not haysi� driving privileges in the state in those cases where the applicant will be operatnig a vehicle in the course and scope of the peddling or soliciting,; or f Has not obtained permits. (2) The Sheriff's designee shall approve or deny an application within three (3) business lads of receipt of the application and upon approval shall, within five (5) business days, forward hid approved application together with application fee to the Orange County Tax Administrator oi`processmg and issuance of appropriate permits. (f) Permit renewalApeddling/soliciting permit may be renewed for an unlimited number of sixty -day periods,'provided an application for renewal is made on such form as provided by the Sheriff's office no later than the expiration date on the e'urent valid permit. Applications received after that date shall be processed as new applications.`�T h'a Sheriffs dipRoee shall review each application for renewal to determine that the applicant is in full compliance wrthi:te provisions of this section. If the Sheriff's designee finds that the application meets the above xequ�remit, the approved application shall be forwarded to the Orange County Tax Administrator and renewal pe"" issued as provided in Section l(e)(2) above. (g) Revocation of permit. Permits issued under this section may be revoked in accordance with Section 2. Additional grounds for revocation of a permit include, where evidence is presented, that the applicant has been arrested for a felony or a misdemeanor involving theft, fraud, forgery, moral turpitude, criminal trespass, or a threat to the public safety during the peddling/solicitation period, or has otherwise violated the provisions of this section. A permit which has been revoked shall be immediately surrendered to the Sheriff's office. Appeals of revocations may be made pursuant to the same process as for denied permits as provided in Section 2(e). (h) Cost. Applicants for permits issued pursuant to this ordinance shall submit with their applications an application and permit fee in the amount of ten dollars ($10.00) in United States Currency. (i) Exemptions. This section shall not apply to: (1) The delivery of goods or services which have been ordered before delivery; (2) The circulation of petitions for signature or lawful distribution of advertising materials, flyers, or materials expressing views on political, social or religious matters; (3) The lawful promotion or expression of views concerning political, social, religious and other like matters; (4) The sale or offering for sale of goods, wares, merchandise, food, periodicals or services by bona fide members or representatives of chantable,`religious, civic, or fraternal organizations who receive no compensation of any kind for their servaces, and such sale or offering by children under the age of eighteen (18) years who are.,gUi a public, private or home school for Y school activities; (5) The sale or delivery of goods to business (6) The sale or soliciting of orders for the sale of milk, daisy products, vegetables, poultry, eggs, and other farm and garden produce so far as the sale of such om" dities named herein is now authorized by law. r n (7) Persons who have been, eessly invited to peddle or solicit at a specific residence or address. ,....,Y' >.,. Section 2. Licenses or permits; refusal to issue; notice, hearing, appeal. (a) The county may refuse to issue a license or permit, or`tiie licenses or permits issued pursuant to this Article, unless otherwise provided hereunder, may be suspended or revoked by the Sheriff's designee or other authorized official, department, board or agency where�,a plicable, after notice and hearing or an of the following causes" g y (1) Any'aud, misrepresentations or false statements contained in the application for permit .or license. And such fraud, misrepresentations or false statements shall be a violation of this °ordinance and subject to penalty as set out in Section 3 herein; (2) ,� =.Ariy fraud, misrepresentation or false statement made in connection with the selling of goods, w4r�es, merchandl5e and services. Any such fraud, misrepresentations or false statements shall be a violation q ordinance and subject to penalty as set out in Section 3 herein; (3) Any violata of this Article and/or any ordinance of the county; (4) Conviction of the applicant, licensee or permittee of any felony or a misdemeanor involving theft, fraud, forgery, moral turpitude, criminal trespass, or a threat to the public safety; (5) Conducting the activity under this Article and/or any ordinance of the county in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (b) Notice of hearing for the suspension or revocation of a license or permit 4 shall be in writing given by the Sheriff's designee, setting forth specifically the grounds of the complaint and the time and place of the hearing. Service of such notice shall be made either by personal service or by certified mail, return receipt requested, to the applicant, licensee or permittee at the last known address of the applicant, licensee or permittee, at least five (5) days prior to the date set for the hearing. Notice for the refusal to issue a permit or license may be made by United States mail, first class, to the applicant, licensee or permittee at the last known address of the applicant, licensee or permittee. (c) In case of refusal to issue a permit or license or the suspension or revocation of a license or permit as herein provided, no portion of the application, license or permit fee shall be returned to the applicant, licensee or permittee unless otherwise provided in this Article and/or any ordinance of the county. (d) Any suspension or revocation hereunder shall not be considered a recovery or penalty so as to bar any other penalty from being enforced. (e) The appeal of a refusal to issue a permit i of Orange County by filing a written notice of appeal z4 appeal is made, no later than ten (10) days from the dat permit. The Sheriff shall fix a reasonable time for the hi and shall render a decision within a reasonable time. The action for the purpose of judicial review. Section 3. Penalties. ptherevocation of a permit shall be made to the Sheriff Eying with particularity the grounds upon which the of the refusal to issue a permit or the revocation of a gyring of the appeal, shall give due notice to all parties, rdex_or decislQxi of the Sheriff shall be the final county A violation of this ordinance shall be punished as a Class 3 Misdemeanor, as set out in N.C. Gen. Stat. § 14 -4, for each separate vio]gtlonk - ach day any violation of this ordinance shall continue shall constitute a separate offense. In additj oxt tTie peaItes previously stated a violation of this ordinance may be enforced by any one or more of the remedies authorized'by N.C. Gen. Stat. §153A-123. PART II. This ordinance shal,.:be efectYe:July 1, 2011. ADOPTED the + day of ATTEST: Donna Baker Clerk to the Board (S E A L) Bernadette Pelissier, Chair Board of Commissioners 5 7 os- ai_,�as� a.'f.D - 'j, ~3°'` Commissioner Yuhasz asked when Habitat would ask for the reimbursements and Robert Reda said after the closings. Commissioner Jacobs said that he would like to see an accounting of all of the bond money that the County has spent. He was under the impression that the County had spent all of the bond money. He asked if HOME funds could be used as impact fee reimbursements. Tara Fikes said that they could be used for impact fees if it is done during the construction phase. Commissioner Jacobs said that he would like to refer this to the Affordable Housing Advisory Board to discuss the options. Tara Fikes said that the County did commit all of the bond money that was available, but all of it has not been expended. The $130,000 has been made available because there was a commitment to the Chrysalis Foundation, who has now gone out of business. Chair Pelissier asked if there would be any other requests this fiscal year and Frank Clifton said that Habitat would be closing on seven homes this fiscal year. Commissioner Gordon said that she remembers that the County has a policy to reimburse impact fees. She thinks that Habitat and the others that come in would have an expectation that the impact fees would be reimbursed. She would advocate for approval of this in full. A motion was made by Commissioner Gordon, seconded by Commissioner Foushee to approve an impact fee reimbursement request from Habitat for Humanity of Orange County, NC. Inc. for $72,239 for ten (10) homes recently constructed in the County, and then figure out whether there should be a change in the policy going forward. VOTE: UNANIMOUS Commissioner Jacobs said that as part of the development of the policy he would hope that the Affordable Housing Advisory Board would be included. Robert Reda said that Habitat has 31 families that have been approved for homes and all of those families already reside in Orange County. There would not be a further impact on the schools. b. Peddlers and Solicitors Ordinance of Orange Countv The Board considered an ordinance to regulate door to door offerings for sale and selling of goods, wares, merchandise, food, periodicals and services and the solicitation of orders or the solicitation of monetary contributions in residential areas of the county, and to promote the public safety and welfare. Willie Best introduced this item. In September, the County Commissioners requested a draft ordinance and staff consulted with the Sheriff and the County Attorney. Only two counties in the state have this sort of ordinance — Pasquotank and Catawba. Each of these counties has had difficulties with the ordinance. John Roberts said that the research on this is not complete and was only prepared as a report item to seek input from the Board. He said that the County Commissioners should not adopt this until there is further study. One concern is the fee structure. He also has concerns with non - profits and thinks that they should be exempt altogether. Frank Clifton said that certain properties could be posted that no soliciting was allowed and this would still work. John Roberts said that the County Commissioners received an email from Orange County Voice and a couple of things are not true, but one suggestion from this group was illegal and that is for towns to extend their ordinance permits to the County. A motion was made by Commissioner Hemminger, seconded by Commissioner Jacobs not to move forward on this item. VOTE: UNANMOUS Chair Pelissier said that there was great success in apprehending some criminals in the County by the cooperation between the Sheriff's Department, Orange County Voice, Orange Grove Fire Department, and other individuals in the community. She thinks that this is the kind of effort that is needed. If there was an ordinance, then individuals could pose as a non - profit. 8. Reports -NONE 9. County Manager's Report Frank Clifton said that the Sheriff and his staff have been extremely efficient and cooperative. 10. County Attorney's Report John Roberts said that he conveyed the message about the Water and Sewer Management Planning and Boundary agreement clarification language to the Attorney for OWASA, who said that he very much appreciates Commissioner Gordon's recommended changes in the language. The new language agreed upon by the two attorneys has been submitted to the Town attorneys,so that their boards can consider it. 11. Appointments -NONE 12. Board Comments Commissioner Hemminger said that all of the parks and recreation departments in the County will be meeting tomorrow night. The DTCC Orange County Campus will be used. This will be a brainstorming and collaboration meeting. Commissioner McKee said that he attended the Communities in Schools meeting last week and they are facing financial difficulties in the coming years. Commissioner Foushee said that she met with the Governor with a delegation of leaders in the State yesterday. She sent, a synopsis of the meeting via email. Commissioner Jacobs distributed a brochure about the agricultural processing center. He said that he and Chair Pelissier represented the Board at the Human Relations Month Kickoff event. Commissioner Gordon distributed handouts and gave a report on Triangle Transit. There was a meeting on January 161h and they talked about a financial model and the Triangle Regional Transit Update. She reviewed these handouts which are attached and made part of these minutes. Chair Pelissier said that they had their first transit meeting on the Orange County Transit Plan with the Towns, UNC, and Triangle Transit. There is a rough outline of a timeline of engaging all of the stakeholders in the Orange County Transit Plan. One of the big issues is who is going to pay for the line between UNC and Leigh Village. There will be a series of meetings scheduled. Chair Pelissier reported that she attended a meeting of the Mayors, representatives of UNC, representatives of Chapel Hill - Carrboro Chamber of Commerce and Hillsborough Chamber of Commerce to discuss common interests related to economic development. There was a discussion about common priorities. The group was very interested in knowing what directions the County Commissioners might take at the retreat.