AGENDA #8

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Amendment to Solicitation Ordinances

DATE:             June 10, 2002

Adoption of the attached Ordinance A would amend Chapter 13 of the Town Code of Ordinances that regulates door-to-door peddlers and solicitors.

Adoption of the attached Ordinance B would amend Section 11-170 of the Town Code of Ordinances that regulates begging, panhandling and soliciting.

If adopted, the ordinances would become effective on September 1, 2002.

BACKGROUND

The Town Code of Ordinances has two ordinances that regulate soliciting.  Chapter 13 regulates door-to-door sales and soliciting.  Section 11-170 regulates begging, panhandling and soliciting alms or contributions in a public place.

The purpose of Chapter 13, as noted in Section 13-1, is to “regulate door-to-door selling of goods and services and solicitation of orders therefor, and to thereby promote the public health, safety, and welfare.” Commercial solicitors are required to obtain a permit from the Town in order to solicit orders and sell products door-to-door.  Solicitors, sellers, and canvassers representing non-commercial organizations are not required to obtain a permit though they may choose to do so for identification purposes.    

The purpose of Section 11-170 is to regulate begging, panhandling and soliciting in public places.  This section places certain restrictions on the place where one may solicit and the manner in which it is done. Persons soliciting contributions under this section of the Code are not required to be permitted. 

DISCUSSION

For the past several years the Town has experienced a significant increase in the number of individuals and organizations soliciting contributions.  Some represent organizations from outside of the Triangle area.  Others solicit for personal gain.  Many are panhandlers who support themselves solely through the contributions of others.   

For the past several years the Town has seen a significant increase in the number of panhandlers, particularly in the downtown business district.  We receive several calls a week from merchants, citizens and visitors who are concerned about the number of times per day that they are approached by panhandlers.  While some panhandlers are relatively passive when asking for funds, others are more assertive. 

We have also experienced an increase in the number of panhandlers who position themselves at intersections throughout town.  We believe that their presence disrupts the safe movement of traffic and poses a potential public safety hazard by distracting the attention of motorists.

In the interest of public safety we believe that persons who are soliciting, whether in a public place or door-to-door, should first obtain a permit from the Town.  We believe that amending the current ordinances as proposed in this memorandum will enhance the public safety and welfare, and will subject all persons soliciting within the Town to consistent standards and regulations. These ordinances would not prohibit soliciting or panhandling, but would regulate the time and location at which such activities could take place. 

Persons who receive a permit from the Town to solicit at the Post Office at 179 East Franklin Street or near the entrance to the Bank of America building at 137 East Franklin Street, pursuant to Section 17-78 of the Town Code, would be exempt from the permitting requirements of the ordinances proposed herein.  By practice and tradition these two locations have become places of public forum.  The use of these properties for public gatherings, charitable sales and other similar uses is already regulated by the Town.

KEY ISSUES OF PROPOSED ORDINANCE A

Adoption of Ordinance A would make the following changes to Chapter 13 of the Code of Ordinances:

1. All door-to-door solicitors and vendors, both commercial and non-commercial, would be required to obtain a permit from the Town.  Currently only commercial vendors are required to be permitted.

2. Door-to-door sales and soliciting would be prohibited at nighttime (dusk to dawn).  Currently there are no time restrictions.

3. Permits will be valid for a thirty-day period rather than the sixty-day period currently allowed.

4. There will be no cost to obtain a permit.  Under the current ordinance, permits for commercial vendors cost up to $15.        

Advantages: 

• Ordinance A eliminates the distinction between commercial and non-commercial vendors.  We believe that requiring permits of all vendors would enhance the public safety and welfare of the community by providing some administrative oversight over those going door-to-door.  

• We believe that public safety would be enhanced by prohibiting door-to-door soliciting after dark.  Vendors appearing uninvited at private residences can cause occupants to be fearful and intimidated.  We believe that this restriction would provide a level of comfort and safety to residents.    

Disadvantages:

• Non-commercial vendors would have to obtain a permit to solicit door-to-door.

• The processing of a greater number of permits would result in additional expenses for the Town while revenues would be reduced by eliminating the fee for permits.  In the twelve-month period beginning April 2001, the Town received approximately $400 in revenue from solicitor permit fees.  We believe that adoption of Ordinance A would result in additional costs of approximately $1,500.  This additional expense would be covered from the operational budget of the Police Department.

KEY ISSUES OF PROPOSED ORDINANCE B

Adoption of Ordinance B would make the following changes to Section 11-170 of the Code of Ordinances:

1. All persons soliciting for contributions in a public place must first obtain a permit from the Town. 

2. Permits are free and renewable, and are valid for up to thirty days.

3. Soliciting is prohibited at night (dusk to dawn). 

4. Soliciting is specifically prohibited on streets, highways, roadways and medians.

Advantages:

• All persons soliciting for contributions in public places, whether for personal gain or for the benefit of an organization, would be permitted in the same manner as persons going door-to-door.      

• Persons soliciting on behalf of organizations, including those located outside of the Triangle area (which have increased significantly), would be regulated through a permitting system.

• The permitting system would allow the Town to exercise some additional administrative oversight over solicitors, some of whom now violate the Town’s current ordinances.      

• Public safety would be enhanced by reducing the levels of fear and intimidation often experienced by persons approached by solicitors at night. 

• Public safety would be enhanced by prohibiting solicitors from standing along roadways where their presence and behavior often causes a disruption to traffic flow and a distraction to motorists.

• Persons would still be allowed to solicit on private premises with the permission of the property owner.

• Persons who obtain permits for soliciting in front of the downtown Post Office and in front of the Bank of America on East Franklin Street would be exempt from the ordinance.

• Direct sales to businesses would be exempt from the ordinance.

Disadvantages: 

• Persons currently not required to be permitted for soliciting in public places would now be required to apply for a permit.  

• The permitting system would increase the workload of the police department employees who now issue permits.  

The process used to issue solicitation permits would be similar to that now used for door-to-door solicitors (as outlined in Section 13-3 of the Town Code).  The process would require the applicant/solicitor to provide the following information:

1. Full name of applicant/solicitor.
2. Permanent and, if applicable, temporary address of applicant/solicitor.
3. Organization, if applicable, with which the applicant/solicitor is associated.
4. Time period for which the permit is requested.
5. Any physical descriptors which the Manager may reasonably require (a photo of the person being permitted would be taken by the police and would be affixed to the permit).
6. Statement of crimes of which the applicant has been convicted within past ten years (for door-to-door permits only).  

There would be no change in penalties for violations of these ordinances.  Violations would remain misdemeanors.

CONCLUSION

We believe that the recommended revisions to the Town Code, if adopted, would enhance public safety and welfare.  We believe that they would standardize the permitting process for solicitors and provide administrative oversight of persons soliciting contributions door-to-door or in public spaces. 

We recommend that the ordinances become effective on September 1, 2002.  This will provide for an appropriate period of public information and give the police department time to revise the current permits and application forms. 

RECOMMENDATIONS

That the Council adopt Ordinance A that would amend Chapter 13 of the Town Code that regulates door-to-door peddlers and solicitors. 

That the Council adopt Ordinance B that would amend Section 11-170 of the Town Code that regulates begging, panhandling and soliciting.

ORDINANCE A

AN ORDINANCE AMENDING CHAPTER 13 OF THE CODE OF ORDINANCES ON PEDDLERS AND SOLICITORS (2002-06-10/O-2a)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.   Chapter 13 of the Town Code is hereby revised to read as follows:

              “CHAPTER 13.  PEDDLERS AND SOLICITORS

Sec. 13-1. Intent.

            The purpose of this chapter is to regulate door-to-door selling of goods and services and solicitation of orders therefor, and to thereby promote the public health, safety and welfare.

Sec. 13-2. Permit required.

            No person shall for commercial purposes sell, or solicit orders for, goods and services by going from door to door or from place to place without prior appointments with the residents or occupants thereof, without first having obtained a permit therefor from the town manager or manager's designee Chapel Hill Police Department.  Selling or soliciting from door to door or place to place during nighttime, as defined by Section 11-170(a)(6), is prohibited whether or not a permit has been obtained.

Sec. 13-3. Applications.

            Applications for permits under this chapter shall be submitted to the office of the chief of police Chapel Hill Police Department on a form available therefrom, and shall include the following information:

            (1)        The full name of the applicant;

            (2)        Permanent residence address of the applicant;

            (3)        The applicant's temporary address in or in the vicinity of the town, if applicable;

            (4)        The name and address of the applicant's employer or the organization with which the applicant is associated in connection with the sale activity or solicitation of orders;

            (5)        The type(s) of goods and services to be sold or offered for sale;

            (6)        The period for which the application permit is sought, which shall not exceed sixty (60) thirty (30) consecutive calendar days; provided, that the permit may be renewed for sixty-day periods without limit, upon proper application therefore.

            (7)        A statement of any and all crimes of which the applicant has been convicted or has pleaded no contest in the ten (10) years preceding submittal of the application;

            (8)        The age, height, weight and any other additional information which the manager town may reasonably require for identification.

Sec. 13-4. Procedures for considering applications.

(a)        The town manager or manager's designee Chapel Hill Police Department shall deny an application under this chapter only if the applicant has not submitted a completed application; has submitted false information; is not permitted by law to engage in such activity due to age or other factors; has been convicted of or has pleaded no contest to a felony charge within the ten (10) years preceding the submittal of the application; or has been within the previous five (5) years convicted of, or has pleaded no contest to, a misdemeanor charge involving theft, fraud, forging, uttering, other crimes of like nature or any crime involving moral turpitude.

(b)        The town manager or manager's designee Chapel Hill Police Department shall approve or deny an application within a reasonable time after receipt of the application in the office of the chief of police.

(c)        If the town manager designates an employee of the town not in the town manager's office to approve or deny applications, the The town manager shall establish a procedure for administrative appeal of denials to the town manager or an assistant town manager.

(d)        The denial of an application by the town manager may be appealed to the town council within ten (10) days after written notice of such denial.

Sec. 13-5. Issuance of permits.

(a)        Permits shall include the applicant's full name; permanent address; temporary address, if any; the type(s) of goods or services to be sold or offered for sale; the firm by which the applicant is employed or the organization with which the applicant is associated; the period in which the permit is valid; and a statement that the issuance of the permit does not constitute an endorsement in any manner of the goods or services sold or offered.

(b)        As a condition for receiving a permit, the applicant shall leave a deposit of ten dollars ($10.00), refundable upon return of the permit to the office of the chief of police upon expiration of the permit. Permits shall be issued at no cost to the permittee.

(c)        The town manager may establish a fee of up to five dollars ($5.00) for the town's costs of processing of an application; provided, that the fee for a renewal application shall not exceed two dollars ($2.00), and that the council may by resolution authorize the town manager to set a higher fee in light of the costs of processing applications and preparing approved permits.

(d)(c)   Anyone selling or offering for sale goods and services in a manner subject to section 13-2 shall carry display the permit issued by the town and a driver's license or other photographic identification satisfactory to the town manager or manager's designee police department.

Sec. 13-6. Reserved.

            Sec. 13-7. Revocation of permit.

            A permit may be revoked by the manager Chapel Hill Police Department for any reason for which the manager department may have refused to issue such permit. Except or for emergency reasons relating to the public safety or health.   , no permit shall be revoked except on forty-eight (48) hours prior written notice to the permit holder, and upon a hearing before the town manager or the town manager's designee. The notice shall specify the grounds for such revocation. The permit holder shall have the right to appear at the hearing and to present evidence. After such hearing, a permit may be revoked as provided above. A revocation by the town manager may be appealed to the town council within ten (10) days after written notice of such revocation. Such notice shall state the reasons for the revocation. A permit which has been revoked shall immediately be surrendered to the town manager police department.

Sec. 13-8. Exemptions from requirements of chapter.

            This chapter shall not apply to:

            (1)        Delivery of goods or services which have been ordered before delivery.

            (2)        Circulation of petitions for signature or lawful distribution of advertising materials, flyers, or materials expressing views on political, social or religious matters.

            (3)        Lawful promotion or expression of views concerning political, social, religious and other matters.

(4)        The sale of offering for sale of goods or services by representatives of nonprofit organizations.

            (5)        The solicitation of contributions or pledges thereof for nonprofit organizations.

(6) (4)  The sale or delivery of goods to a business establishment.

Sec. 13-9. Courtesy permits.

            The town manager or manager's designee Chapel Hill Police Department may issue a courtesy permit or card for identification purposes to a person who will be canvassing, soliciting, or selling for purposes exempted under section 13-8 from the regulations in this chapter. There shall be no fee for such a card or permit unless the applicant therefor desires to have a photographic identification, in which case the town manager may establish a fee to recover any costs to the town for such photographic identification. The courtesy permit or card shall specify that it does not authorize sale or solicitation of orders for commercial activities, and the courtesy permit or card shall identify the organization, if any, with which the applicant is associated for purposes exempt under section 13-8.”

Section 2.  This ordinance shall become effective September 1, 2002.

This the 10^th day of June, 2002.

ORDINANCE B

AN ORDINANCE AMENDING CHAPTER 11 OF THE CODE OF ORDINANCES REGARDING REGULATION OF AGGRESSIVE PANHANDLING (2002-06-10/O-2b)

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1. Article XVII, Chapter 11 of the Town Code is hereby revised to read as follows:

    “ARTICLE XVII. REGULATION OF AGGRESSIVE PANHANDLING

Sec. 11-170.  Begging, panhandling, or soliciting alms or contributions.

(a)        Definitions:

            (1)        To beg, panhandle, or solicit alms or contributions shall be defined to include, without limitation, the spoken, written, or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms or contributions;

            (2)        Accosting another person shall be defined as approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act or damage to property in his immediate possession;

            (3)        Intimidate another person shall be defined as acting in such a way as would cause a reasonable person to fear bodily harm and therefore to do something he or she would not otherwise have done;

            (4)        Forcing oneself upon the company of another person shall be defined as:

                        (i)Continuing to request or solicit alms contributions in close proximity to the person addressed after that person has responded negatively;

                        (ii)Blocking the passage of the person addressed; or

                        (iii)Otherwise engaging in conduct which reasonably could be understood as intended to force a person to accede to demands.

            (5)        Public place shall be defined to include streets, highways, roadways, the shoulder or median of a roadway, sidewalks, alleys, and other public property, as well as town-owned and town-controlled property and private property open to the public unless permission to solicit has been obtained from the town or from the private property owner or other person in authority.

(6)  Nighttime shall be defined as the time from dusk to dawn.

(b)        No person shall beg, panhandle, or solicit alms or contributions in a public place in a manner so as to intimidate another person or by accosting another person, or by forcing oneself upon the company of another person.

(c)        No person shall beg, panhandle, or solicit alms or contributions from another person within twenty (20) feet of an entrance or exit of any bank or financial institution or within twenty (20) feet of any automated teller machine.

(d)        No person shall beg, panhandle, or solicit alms or contributions in any public transportation vehicle owned or operated by the Town of Chapel Hill or at any station for such vehicle or within six (6) feet of a bus stop sign, bus stop shelter, or bus stop bench.

(e)        No person shall beg, panhandle, or solicit alms or contributions while sitting or standing on a roadway or the shoulder or median of a roadway if such action impedes the normal flow of traffic.

(f)  No person shall beg, panhandle, or solicit contributions in a public place during nighttime.

(g)  No person shall beg, panhandle, or solicit contributions in a public place within the Town of Chapel Hill without first having obtained a permit therefor.  Such permit shall not exempt the permittee from the requirements of Section 11-170(b)-(f).  Organizations and persons who have obtained a permit for charitable sales pursuant to Section 17-78 and who comply with the requirements of Article VI of Chapter 17 are exempt from the permit requirement of this section.

(1)  Such permit shall be valid for thirty (30) days from the date of issuance.

(2)  Such permit shall be displayed at all times while soliciting.

(3) Permits shall be issued at no cost to the permittee.

(4)  Applications for permits under this article shall be submitted to the Chapel Hill Police Department and shall include:

(i)  The full name of the applicant;

(ii)  The permanent address of the applicant;

(iii)  The applicant’s temporary address, if      applicable;

(iv)  The name and address of the applicant’s organization, if applicable; and

(v)  The age, height, weight, and other information which the town reasonably may require for identification.

(f) (h) Violation of this section shall constitute a misdemeanor and shall subject the violator to a fine of not more than fifty dollars ($50.00) or imprisonment for not more than seven (7) days.”

Section 2.  This ordinance shall become effective September 1, 2002.

This the 10th day of June, 2002.