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HomeMy WebLinkAbout154 - 01/15/2013 - AMENDING ARTICLE IV OF CHAPTER 15 OF THE CITY CODE RELATING TO DOOR-TO-DOOR SOLICITATIONS 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, in order for an occupant of a multi-family dwelling to prohibit solicitations, the occupant must post a no-solicitation sign at or near the entrance to his or her individual dwelling unit; • 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. 15408. 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 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, if an occupant of a multi-family dwelling, as defined in Section 5 . 1 .2 of the Land Use Code, wishes to prohibit door-to-door solicitation by the posting of a sign, the sign prohibiting solicitation must be posted at or near the entrance(s) to the occupant's individual dwelling unit. (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. 15411 . 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) 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 fifty-dollar 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. Section 5 . That the Section 15 - 114 of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows : -3 - Sec. 15414. 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 a conviction 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. 15420. Suspension or revocation of identification badge. 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 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. 15421 . Suspension, revocation or nonrenewal of permit. 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 -4- 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 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. (a) 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 § § 15 - 120 or 15 - 121 above, as applicable. (b) 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 : -5 - See. 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. 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. O�FORT.CO�`' vt Mayor ATTEST: 1 n ; SEAL .••OOLORP�O City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. �OF F...... or ATTEST: v SEALLOR ;N City Clerk -6-