§ 3-3-46. Door to door canvassing and soliciting prohibited; exceptions.

It shall be unlawful for any person to engage in business as a canvasser or solicitor, calling on the residences within the unincorporated areas of the county for the purpose of soliciting orders, sales, subscriptions, or business of any kind, without first registering with the revenue collection officer and paying the appropriate regulatory fee. Each registrant shall furnish his/her name and permanent address, his/her signature, the name and address of his/her employer, the nature of products sold or displayed, and the proposed method of operation within the county. Each registrant shall be fingerprinted and photographed by an employee of the county.

(1)

Regulatory fee; identity cards.

(a)

The revenue collection officer shall collect a fee of one hundred dollars ($100.00) for each registration. Upon approval, a registration card will be issued showing the name of the firm or corporation and the name of the representative. Such registration shall be valid for ninety (90) days from the date of issuance. The registration may be renewed during the same calendar year for an additional ninety-day period without another investigation or additional fees.

(b)

Each registrant shall be issued an identity card bearing his/her name and photograph, the company name, and the expiration date of the registration. Each solicitor must carry such identity card at all times while soliciting or canvassing within the county and shall display such card to each customer and upon appearance at each residence and/or business establishment canvassed or solicited.

(2)

Hours of operation; other requirements.

(a)

Soliciting or canvassing on the public streets, areas, or parks of the county shall be conducted only between the hours of 9:00 a.m. and 7:00 p.m.

(b)

Soliciting or canvassing or calling from house to house within the unincorporated areas of the county shall be conducted only between the hours of 9:00 a.m. and 6:00 p.m.

(c)

The number of solicitors or canvassers in the county for any single firm, corporation, or organization shall not exceed ten (10) in number at any one (1) time.

(d)

Prior to any solicitation of funds within the county, each canvasser or solicitor shall identify the organization which he represents. Additionally, each canvasser or solicitor must inform each person solicited of any minimum payment, deposit, or donation required for the acceptance of any merchandise, wares, goods, or any similar items provided by each canvasser or solicitor prior to such acceptance by each person solicited.

(e)

It shall be unlawful for a canvasser or solicitor to perform any of the following acts:

1.

Falsely represent, either directly or by implication, that funds being solicited are on behalf of any person other than the person registered with the business license division;

2.

Without the express prior permission of an occupant or property owner, to solicit at any residence, apartment complex, or shopping center, other than areas open to public parking, where a sign has been posted prohibiting such solicitation;

3.

To remain on private premises after being asked to leave the premises or to continue solicitation after being refused upon the public streets, areas, or parks; such action shall constitute harassment; or

4.

To solicit or canvass on any private premises upon which is displayed a sign, plaque or other posting declaring" "No Soliciting" or other similar prohibition.

(3)

Special requirements for religious or charitable soliciting.

(a)

Any person desiring to solicit or canvass upon the public streets, areas, or parks, or call from house to house within the unincorporated areas of the county for the purpose of raising funds or seeking donations for any religious, charitable, or eleemosynary organization shall register with and obtain a license from the county. Such person shall furnish the following information to the business license division:

1.

Applicant's name and permanent address;

2.

Name, address, and telephone number of the firm, corporation, or organization represented;

3.

Names and addresses of all persons canvassing or soliciting within the county;

4.

The nature of any merchandise or goods to be sold or offered for sale in conjunction with such solicitation; and

5.

Proof of tax-exempt status shall be required when registering with the business license division.

a.

The business license division shall collect a fee of one dollar ($1.00) from each organization to cover costs of processing the license. Each organization shall be issued an identity card bearing the name of each individual who shall engage in solicitation or canvassing on behalf of the organization, the organization's name, and the expiration date of the license. Each applicant does not have to be fingerprinted or photographed.

b.

The license shall be valid for ninety (90) days from the date of issuance.

(4)

License revocation. Any license issued under this article may be suspended and/or revoked by the board of commissioners, revenue collection officer, business license director, sheriff, due to any violation of any ordinance or resolution of the county, or of any state or federal law, or whenever the license holder shall cease to possess the qualifications and character required in this article for the original application.

(5)

Activity not regulated hereby. This section is not intended to, nor shall it operate to, regulate door-to-door visitation for the following purposes: political canvassing or religious canvassing, provided that such canvassing does not include the soliciting of orders, sales, subscriptions or business of any kind.

(6)

Penalty.

(a)

Any person violating any of the provisions of this article shall, upon conviction or entering a plea of guilty or nolo contendere in the Henry County Magistrate Court, shall be punished by a fine of not more than five hundred dollars ($500.00) or by confinement in the common jail of the county for a period of not more than sixty (60) days or by both fine and confinement.

(b)

Continued violation of the provisions of this article may be enjoined by instituting appropriate proceedings for injunction in a court of competent jurisdiction of this state. Such actions may be maintained notwithstanding that other adequate remedies at law may exist. Remedies contained in this article are meant to be cumulative in nature.

(Ord. No. 84-01, § 1, 1-17-84; Ord. No. 87-18, 10-20-87; Ord. No. 04-09, § 1, 8-18-2004)