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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2012 - FIRST READING OF ORDINANCE NO. 154, 2012, AMENDINGDATE: December 18, 2012 STAFF: Jessica Ping-Small Jim Szakmeister AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 26 SUBJECT First Reading of Ordinance No. 154, 2012, Amending Article IV of Chapter 15 of the City Code relating to Door-to-Door Solicitation. EXECUTIVE SUMMARY City Council adopted Ordinance No. 060, 2011, which took effect on May 27, 2011. It established a permit system regulating residential door-to door solicitation. The City's goal in regulating door-to-door solicitation was to help protect the safety and privacy of residents in their dwellings. Since implementing the permit system, staff has identified certain changes that they recommend be made to the provisions to ensure that the permit system is working properly and effectively, and also to allow staff to respond quickly and efficiently to violations of the Ordinance. BACKGROUND / DISCUSSION In 2011, the “Green River Ordinance” was replaced to bring the City's regulations more in line with the approach that many other Colorado cities had taken regarding residential solicitation. From an administrative perspective, the first year of the ordinance has proceeded fairly smoothly. However, certain aspects surrounding an out-of-state solicitation vendor in the summer of 2012 raised questions about the ordinance. Under the Ordinance, residents have the following options for dealing with solicitors at their door: • Post a "No Trespassing" or "No Solicitation" sign, which prohibits all door-to-door solicitation whether commercial or non-commercial. • Complete the online no-solicitation form, which prohibits commercial solicitations only. • Take no action, which allows all commercial and non-commercial solicitation. The following are the Sales Tax Office and Police Services statistics to date: • 4,439 households have signed up online for the no-solicitation list. • 44 companies have been issued two-year permits to solicit in the City of Fort Collins. Of the 44 companies, 7 have out-of-state addresses. Licensing and Citation Statistics 2011 2012 YTD Number of Calls to Police Services 97* 114* Total Citations Issued 17 22 Number of Repeat Offenders (Issued 2 citations) 1 1 Number of Citations Issued to Solicitors with a Permit 4** 4*** Number of Badges Suspended or Revoked 2 6 Number of Permits Suspended or Revoked 0 1 *The remaining calls were closed under the following circumstances: unable to locate; unfounded; warning; gone on arrival. **The badges in connection with 2 of these citations were suspended. ***The permit and badges in connection with all 4 citations were revoked. December 18, 2012 -2- ITEM 26 There are currently three kinds of remedies available to the City for violation of the Ordinance: • Suspension or revocation of the identification badge of individual solicitors. • Suspension, revocation, or non-renewal of the permit; and/or • Criminal prosecution of the solicitor(s) and/or permit holder. Staff has met to discuss the Solicitation Ordinance and is recommending the following process improvements: • A weekly report will be generated by Police Services itemizing all solicitation calls that will be sent directly to the Sales Tax office, along with copies of all police reports and citations issued will be sent to Sales Tax for monitoring of repeat offenders. • The Sales Tax office will review the reports when received and take appropriate actions to warn, suspend, or revoke the permit holders. This process will foster better communication between staff at the Sales Tax Office and Police Services, and facilitate a quicker response time to handle violations. • Tighter policies and procedures should be put in place, including criteria to determine how and when a permit or badge holder will be suspended or revoked. The criteria in the policies and procedures used to determine if a violation warrants a suspension or revocation will include the following: • Inadvertently vs. knowingly violating the Ordinance • Repeated violations • Prior warnings • Any threatening, harassing or intimidating behavior • Misrepresentation • Likelihood of future violations In addition, staff is making the following recommendations to amend the Ordinance: • Clarify that the owners of multi-family dwellings and other buildings housing multiple occupants may post a sign prohibiting solicitation on behalf of all such occupants. • Authorize the Financial Officer to suspend a badge and/or permit. • Require those that supervise solicitors to complete a criminal background check. • Incorporate more clearly defined due process requirements. • Limit the requisite criminal background check to the ten (10) years immediately preceding the permit application. • Eliminate the current requirement of a sales tax deposit. • Add a misdemeanor offense for displaying a badge unlawfully after suspension or revocation. • Add a provision requiring a $50 deposit for a badge, to be refunded at the expiration of the term of the badge or upon revocation or voluntary relinquishment. In addition to proposing these Code amendments, management staff will be working with the City Attorney’s Office to review and possibly revise prosecution policies. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH On December 5, 2012, staff issued a letter to all permitted solicitation vendors notifying them of the proposed changes to the City’s door-to-door solicitation ordinance. December 18, 2012 -3- ITEM 26 In the spring of 2013, staff will initiate an outreach campaign which will educate citizens on the requirement to update their inclusion on the no-solicitation list which will expire on the two- year anniversary of the ordinance in May of 2013. The outreach will also educate citizens about the pending updates to the ordinance and provide a refresher on the methods to stop solicitors from knocking on their door. ATTACHMENTS 1. Powerpoint presentation 1 1 Door-to-Door Solicitation Update December 18, 2012 2 History/Provisions City Council passed Ordinance No. 060, 2011 in May, 2011 • Replaced “Green River Ordinance” • Established permit system regulating door-to-door solicitation Key Provisions • Commercial solicitors must have a permit to conduct door-to- door sales within the City • Individual solicitors or badge holders are required to complete a criminal background check • Non-commercial solicitations are not regulated. By law, non- commercial solicitations include such things as religious and political contacts, fundraisers for schools and other tax-exempt organizations, and the sale of newspaper and magazine subscriptions • The permit is issued for two years ATTACHMENT 1 2 3 Options for Citizens to “Opt Out” • Post a "No Trespassing" or "No Solicitation" sign, which prohibits all door-to-door solicitation whether commercial or non-commercial • Complete the online no solicitation form, which prohibits solely commercial solicitation • Take no action, which allows all commercial and non-commercial solicitation Posting a “No Trespassing” or “No Solicitation” sign is the most effective way to prohibit solicitors. 4 Statistics • 4,439 households have signed up for the no- solicitation list online • 44 companies have been issued a permit to solicit in the City of Fort Collins • Of the 44 companies, 7 have out of state addresses. • 9 of the 44 companies list Fort Collins addresses The majority of solicitation companies are not local to Fort Collins. 3 5 Statistics Police Services and Licensing Statistics To Date 2011 2012 YTD Number of Calls to Police Services 97* 114* Total Citations Issued 17 22 Number of Repeat Offenders (Issued 2 citations) 1 1 Number Citations Issued to Solicitors with a Permit 4** 4*** Number of Badges Suspended or Revoked 2 6 Number of Permits Suspended or Revoked 0 1 *The remaining calls were closed under the following circumstances: unable to locate; unfounded; warning; gone on arrival. **The badges in connection with 2 of these citations were suspended. ***The permit and badges in connection with all 4 citations were revoked. The majority of citations issued have been to companies operating without a valid solicitor permit. 6 Handbill Clarification • A solicitor permit is required if a handbill, advertisement or flyer is personally given to a resident. • If the handbill, advertisement or flyer is left on the door without contacting the resident, a permit is not required. • No handbills or advertisements may be left at a residence which has a "No Soliciting" or "No Trespassing" sign. Signing up for the “No Solicit” list online does not prevent solicitors from leaving handbills if no personal contact is made. 4 7 Recommended Ordinance Changes • Clarify that the owners of multi-family dwellings and other buildings housing multiple occupants may post a sign prohibiting solicitation on behalf of all such occupants. • Authorize the Financial Officer to suspend a badge and/or permit. • Require those that supervise solicitors to complete a criminal background check. • Incorporate more clearly defined due process requirements. • Limit the requisite criminal background check to the ten (10) years immediately preceding the permit application; eliminate the current requirement of sales tax deposit. • Add a misdemeanor offense for displaying a badge unlawfully after suspension or revocation. • Add a provision requiring a fifty (50) dollar deposit for a badge, to be refunded at the expiration of the term of the badge or upon revocation or voluntary relinquishment. 8 Recent Policy and Procedure Improvements • A weekly report generated by Police Services and sent to the Sales Tax Office itemizing all solicitation calls – including copies of reports and citations • Improved communication between the Sales Tax Office and Police Services • Defined criteria to warrant suspension or revocation • Criteria includes:  Inadvertently vs. knowingly violating the ordinance  Repeated violation  Prior warnings  Behavior – threatening, harassing or intimidating  Misrepresentation  Likelihood of future violations Improvements will facilitate an expedient and efficient response to permit holders that violate the ordinance. 5 9 Public Outreach Plan – Spring 2013 • Citizen education campaign • 2 year anniversary of ordinance • Majority of permits will expire spring/summer 2013 • Citizens will need to resubmit name and address for online “No Solicit” list • Refresher for citizens on how to ban solicitors from private residences Posting a “No Trespassing” or “No Solicitation” sign is the most effective way to prohibit solicitors permanently. ORDINANCE NO. 154, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IV OF CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO DOOR-TO-DOOR SOLICITATIONS WHEREAS, on May 27, 2011, acting on the recommendation of the City Attorney’s Office, the City Council replaced the City’s total ban on commercial door-to-door residential solicitation with a permit system regulating such solicitation; and WHEREAS, in implementing that permit system, City staff has identified certain changes that they believe should be made to the provisions of Chapter 15, Article IV of the City Code, in which the permit system has been established; and WHEREAS, City staff has recommended these changes be made to ensure that the permit system is working properly and effectively, and to allow staff to respond quickly and efficiently when violations to the ordinance occur; and WHEREAS, the effect of the amendments recommended by City staff would be to: • clarify that the owners of multi-family dwellings and other buildings housing multiple occupants may post a sign prohibiting solicitation on behalf of all such occupants; • authorize the Financial Officer to suspend a badge and/or permit; • require persons who supervise solicitors to complete a criminal background check; • incorporate more clearly defined due process requirements; • limit the requisite criminal background check to the ten (10) years immediately preceding the permit application; eliminate the current requirement of sales tax deposit; • add a misdemeanor offense for displaying a badge unlawfully after suspension or revocation; and • add a provision requiring a fifty (50) dollar deposit for a badge, to be refunded at the expiration of the term of the badge or upon revocation or voluntary relinquishment; and WHEREAS, the City Council believes it would be in the best interests of the City to approve these changes so as to better protect the safety and privacy interests of City residents while, at the same time, respecting the First Amendment and due process rights of solicitors. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 15-107 of the Code of the City of Fort Collins is hereby amended by the addition of a new definition “Supervising staff” which reads in its entirety as follows: Sec. 15-107. Definitions. . . . Supervising staff means any person who manages or supervises commercial solicitors. Section 2. That Section 15-108 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-108. All solicitation prohibited by posting of "No Solicitation" or "No Trespassing" sign. (a) No solicitor, whether commercial or noncommercial, shall enter or remain upon any public or private premises in the City if a "No Solicitation" or "No Trespassing" sign is posted at or near the entrance(s) to such premises. For the purposes of this provision, the owner of a building that houses multiple dwelling units, including, but not limited to a multi-family dwelling, fraternity or sorority house, hotel, or motel, may post a sign at or near all entrances to such building that face a public street or right-of-way and thereby prohibit solicitation at any dwelling unit contained in such building. (b) This provision shall apply to all solicitation including, without limitation, all activities that are religious, charitable or political in nature and all solicitation. Section 3. That Section 15-111 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-111. Application contents; fees. (a) Each person applying for a door-to-door commercial solicitation permit shall file with the Financial Officer an affidavit on a form supplied by the Financial Officer stating: (1) The full name, business address and business telephone number of the applicant; (2) Information regarding the business as required by the Financial Officer, including, without limitation, its legal status and proof of registration with, or a certificate of good standing from, the Colorado Secretary of State; (3) A complete list of all persons to be authorized to solicit under the permit and all supervising staff; (4) For each person authorized to solicit under a permit and all supervising staff, the following information: -2- a. Names, address, telephone number and date of birth; b. A current copy of the persons' criminal background check, as maintained by the Colorado Bureau of Investigation, dated no more than sixty (60) days prior to the date of the application; c. A description of the individual including height, weight, color of eyes and color of hair; and d. The number and state of issuance of the individual's motor vehicle operator's license or chauffeur's license, if any, or other state-issued photo identification. (5) A brief explanation of the nature of the solicitation activity that requires a permit under this Division; (6) If the applicant is a foreign corporation or an employee of such corporation, the name, address and telephone number of an agent for process residing in the state; (7) Proof that the applicant has obtained a valid City sales and use tax license; (8) Proof that the applicant has deposited the sales tax deposit or has received a valid waiver of such sales tax deposit; and (98) Any other information determined to be relevant by the Financial Officer. (b) At the time of application, the applicant shall also submit a photograph of each person to be authorized to solicit under the permit, taken no more than six (6) months prior to the date of application, which photograph fairly depicts the appearance of the proposed solicitor as of the date of application and which, in the judgment of the Financial Officer, is suitable for reproduction on the identification badge to be issued by the City. (c) At the time of application, each applicant shall pay a fee in an amount determined by the Financial Officer to be sufficient to defray the costs incurred by the City in processing the application, plus an additional fee to defray the costs of preparing and issuing an identification badge for each person to be authorized to solicit under the permit, including the applicant. Said fees shall be nonrefundable. (d) At the time of application, the applicant shall pay a $50 deposit for each badge, to be refunded to the permit holder at the expiration of the term of the badge or upon revocation or voluntary relinquishment. Section 4. That Section 15-113 of the Code of the City of Fort Collins is hereby repealed in its entirety as follows: Sec. 15-113. Sales tax deposit. -3- (a) If at the time of filing the application the applicant has not maintained a City sales tax license for at least the previous twenty-four (24) months, the applicant shall deposit with the Financial Officer a sales tax deposit in the sum of two hundred fifty dollars ($250.). The Financial Officer may waive the sales tax deposit upon a showing that the applicant has maintained a City sales tax license for at least the previous twenty-four (24) months and has a record of promptly paying any sales tax due. (b) Upon issuance of the solicitation permit and subsequent verification by the City that the permittee has paid the sales tax due the City, the balance of the deposit required under Subsection (a) of this Section, if any, shall be returned to the permittee. If the permittee fails to pay the City's sales tax and does not seek return of the sales tax deposit within ninety (90) days from the expiration of the permit, the City Manager may declare the deposit forfeited and notify the permittee thereof at the address shown on the permit. Forfeiture of the sales tax deposit, however, shall not release the permittee from the obligation to remit the correct amount of sales tax due. Section 5. That the Code of the City of Fort Collins is hereby amended by adding a new Section 15-113, which Section reads as follows: Sec. 15-113. Persons prohibited. A person shall not be eligible for issuance of a permit or identification badge under this Division if: (1) Such person has been released within the ten (10) years immediately preceding the application from any form of incarceration or court-ordered supervision, including a deferred sentence, resulting from has been a convictedion of any felony or Class 1 misdemeanor under the laws of the State of Colorado or an equivalent offense under any federal, state, county or municipal law; or (2) A permit or an identification badge previously issued to such person by the Financial Officer under§ 15-110 has been revoked by the Financial Officer under §§ 15-120 or 15-121 below. Section 6. That Section 15-120 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-120. Suspension or rRevocation of identification badge. The Financial Officer After written notice of no less than ten (10) calendar days and a hearing if requested in writing by the badge holder within twenty (20) calendar days after the date of mailing of such notice, the Financial Officer may suspend or revoke the identification badge of any solicitor that has engaged in any unlawful solicitation. The grounds for such suspension or revocation may include, but shall -4- not be limited to the following: (1) Failure to solicit in a manner that is in compliance with the permit and the provisions of this Division; (2) Soliciting in such a manner as to constitute a menace to the health, safety or general welfare of the public.. In the event the alleged conduct that is the basis for the suspension or revocation of the identification badge is the subject of a pending criminal or non-traffic civil citation, the Financial Officer may either defer his or her decision regarding suspension or revocation until such citation has been resolved or immediately proceed with the foregoing administrative action prior to the resolution of such citation. Section 7. That Section 15-121 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-121. Suspension, Nonrenewal or revocation or non-renewal of permit. The Financial Officer After written notice of no less than ten (10) calendar days and a hearing if requested in writing by the badge holder within twenty (20) calendar days after the date of the mailing of such notice, the Financial Officer may suspend or revoke the identification badge of any solicitor that has engaged in any unlawful solicitation. The grounds for such suspension or revocation may include, but shall not be limited to the following: (1) Fraud, misrepresentation or false statement in the application for the permit or any renewal application, including, without limitation, representations made as to the criminal history of any person to be authorized to solicit under the permit; (2) Failure to obtain a sales and use tax license as required by the City or to remit any sales tax due the City; (3) Failure to supervise solicitation conducted under the permit so as to reasonably ensure that such solicitation is in compliance with the terms of the permit and with the provisions of this Division; or (4) Authorizing, condoning or knowingly tolerating any unlawful solicitation or any solicitation conducted in such a manner as to constitute a menace to the health, safety or general welfare of the public. In the event the alleged conduct that is the basis for the suspension or revocation of the identification badge is the subject of a pending criminal or non-traffic civil citation, the Financial Officer may either defer his or her decision regarding suspension or revocation until such citation has been resolved or immediately -5- proceed with the foregoing administrative action prior to the resolution of such citation. Section 8. That the Code of the City of Fort Collins is hereby amended by adding a section, to be numbered 15-122, and all subsequent numbers to be renumbered accordingly, which Section reads as follows: Sec. 15-122 Emergency summary suspension of identification badge or permit. If reasonable grounds exist to believe that a permittee and/or badge holder has engaged in illegal activity such that the public health, safety or welfare imperatively requires emergency action, the Financial Officer may summarily suspend the permit and/or badge pending the outcome of the proceedings set forth in Secs. 15-120 or 15- 121, as applicable. The temporary suspension of a permit or badge without notice pending a hearing shall be for a period not to exceed fifteen (15) days. Section 9. That the Code of the City of Fort Collins is hereby amended by adding a Section, to be numbered 15-123, and all subsequent numbers to be renumbered accordingly, which Section reads as follows: Sec. 15-.123 Displaying a badge after suspension, revocation or non-renewal. No person shall display an identification badge after it has been invalidated by suspension, revocation, or non-renewal. Section 10. That the Code of the City of Fort Collins is hereby amended by adding a Section, to be numbered 15-124, and all subsequent numbers to be renumbered accordingly, which Section reads as follows: Sec. 15-124 Promulgation of rules and regulations. The Financial Officer may promulgate administrative rules and regulations to effectuate the purposes of this Article. -6- Introduced, considered favorably on first reading, and ordered published this 18th day of December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -7-