ORD NO 03-1982 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 3 -1982
AN ORDINANCE TO REGULATE DOOR -TO -DOOR SELLING OR SOLICITING, SETTING PENALTIES,
ADOPTION OF THE STALE OF ARKANSAS, "HOME SOLICITATION SALES ALT SFTLING HOURS
OF OPERATION AND MAKING IT UNLAWFUL TO MAKE A FALSE REPRESENTATION, TO REMAIN
ON THE PROPERTY AFTER NOTICE TO LEAVE, OR TO GO ON THE PROPERTY AFTER THE PROP-
ERTY OWNER HAS POSTED A 'NO SOLICITING' SIGN, AND TO PROHIBIT SOLICITING AND
PEDDLING IN A BUSINESS DISTRICT.
TO PROVIDE FOR REGISTRATION,FEES FOR REGISTRATION, DURATION OF REGISTRATION,
IDENTIFICATION, SAVING CLAUSE, REPEALING LAWS IN CONFLICT, AND ADOPTING AN
EMERGENCY CLAUSE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
ARTICLE I
Section I -1. Definition. That the term "residential door -to -door selling
or soliciting for the purposes of this ordinance, shall refer to the activity
or practice of going, whether by foot or by any type of conveyance, from place
to place, house to house, from street to street, or from door to door to res-
idential living units for the purposes of selling or attempting to sell goods
or services, whether to be currently delivered or delivered at a subsequent tirre,
or for the purpose of requesting or attempting to request donations or con-
tributions by a person who has not obtained a prior appointment to call at such
a residential unit. Provided, such term shall not be interpreted so as to
include such activities of members of recognize] religious organizations when
engaged in as a direct incident to the exercise by such members of their freedom
of religion rights under the Constitution of the United States, nor to such
activities by persons while engaged in the sale of newspapers in exercise of
their freedom of the press rights under the Constitution of the United States,
and neither shall the provisions of this ordinance be applicable to the activities
of the activities of organizations classified as tax exempt under the provisions
of Section 501 of the 1954 Internal Revenue Service Code, and amendments and
regulations pertaining thereto, nor to the sale or soliciting of orders for the
sale of fruits, vegetables, or other products of the farm, including meat from
domestic animals or livestock, so far as the sale of such commodities is author-
ized by law.
0 Section I -2. Penalties. That any person found guilty of violating the
provisions of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be fined in any sum not less than $25.00 and not more than $200.00.
The penalty for violating the provisions of Section I -3 of this Ordinance shall
be that penalty set forth in Section II of Act 462 of the 1973 Acts of Arkansas.
Section I -3. Adoption of Statute. That technical code known as the State
of Arkansas "Hare Solicitation Sales Act" and that part of the Criminal Code rep-
resented by such Act as adopted by Act 462 of the 1973 Acts of Arkansas, and
codified as Ark. Stat. Ann. Sects. 70 -914 through 70 -924 (Supp. 1973), is hereby
adopted by reference as a part of the Ordinances and Criminal Code of the City.
Section I -4. Hours of Operation. It shall be unlawful for any person,
whether the registration provided for in this ordinance has been provided for or
not, to engage in the activity of residential door -to -door selling or soliciting
before 8:00 A.M. or after 9:00 P.M. of each day of the week except Sunday, and it
shall be unlawful for any person to engage in such activities at any time on
Sundays.
Section 1 -5. False Representation. It shall be unlawful for any person
engaged in the activity of residential door-to-door selling or soliciting to Rake
use of any plan, scheme or ruse or make any statement which indicates or implies
that the purpose of such person's visit is other than to obtain orders for or make
sales of goals or services or obtain commitments for or collect donations or
contributions.
Section 1 -6. Remaining After Notice To Leave. It shall be unlawful for any
person engaging in the activity of selling cr attempting to sell goals or services
or requesting or attempting to request donations cr contributions ara residential
living unit, whether or not such person is engaging in such activity of residential
door -to -door selling or soliciting as defined herein, to continue to engage in
such activity or remain cn such premises after having been asked or instruct& by
the occupant of such premises to leave such premises.
Section 1 -7. Going Onto the Property After The Property Owner Has Posted A
No Soliciting Sign. It shall be unlawful for any person engaged in this activity
of selling or attempting to sell goods or services or requesting or attempting to
request donations or contributions at a residential living unit, whether or not
such person is engaging in the activity of residential door -to-door selling or
soliciting as defined herein, to go onto the property of a person who has posted a
No Soliciting sign or similar sign on the property.
Section I -8. Soliciting or Selling Prohibited in Business District. It shall
be unlawful for any person, agent of such persons, except agents or representatives
of newspapers, educational, religious, charitable, or other non- profit organizations,
to station himself upon or to loiter upon any public street sidewalk, alley, or
other public way within the areas of the city which are now or may hereafter be used
for business purposes, for the purpose of selling, offering for sale, or soliciting
orders for the sale of goods, wares, and merchandise, including magazines, and /or
peddling or hawking the same, or to sell or to offer for sale, or to solicit orders
for the sale of goals, wares, or merchandise, including magazines and /or to peddle
or hawk the same in said area.
ARTICT,F II. REGISTRATION
Section II -1. Compliance. No firm, company, corporation, association, partner-
ship, sole proprietorship, or other legal entity shall engage in the activity of
door- to-door selling or soliciting within the city unless the legal entity repres-
ented by such person has a current registration on file with the city.
Section II -2. Required. It shall be unlawful for any person to engage in the
activity of residential door-to -door selling or soliciting within the city unless
the legal entity represented by such person has a current registration on file with
the City.
Section II -3. Information Required. Each legal entity required to register
by this article shall, before engaging in such activity, register itself with the
revenue collector of the City, or other agent of the City designated for such pur-
poses by the Mayor. Such registration shall be on forms supplied by the City and
shall contain the following information:
(a) Nacre, address, and telephone number of the supervisor or manager of
the entity's activities within the city,
(b) The correct (legal) name of the entity together with the entity's
home office telephone number and its designated agent for service of
process at its home office and within the state, if such an agent has
been designated within the state,
0 (c) A listing of the anticipated period during which such sales and sol-
icitation shall be conducted within the city, and
(d) A list of all persons doing door -to -door selling or soliciting within
the City.
Section 1I -4. Fee. As reimbursement of the cost of maintenance of such
register of persons engaging in such activities, the City Revenue Collector, or
other agent of the City designated by the Mayor, shall charge a fee of five dollars
(5.00) for each registration required by this article. Such fees are in addition
to the privilege license called for in Ordinance No. 30 -1974, Section IV.
Section I1 -5. Duration. The registration provided for in this article shall
be effective for the shorter of the follaaing periods of time:
(a) From registration to the end of the period of time listed on the reg-
istration during which the legal entity anticipates engaging in such
activities, or
(b) Fran registration to the termination of the employment relationship of
the registered local supervisor or manager within the city so that a
new registration is required with each replacement of the local manager
or supervisor of the entity's operations in the City.
Section II -6. Identification. It shall be unlawful for any person engaging
in the activity of residential door -to -door selling or soliciting to fail to identify
himself by name, legal entity represented, and purpose of call immediately, after
normal greeting, upon contact with any residential occupant, and such identification
shall be given in all cases prior to entering into such occupant's premises.
ARTICLE III
SAVING CLAUSE. If any provision of this Ordinance is held to be void, it shall
not affect the validity of the remainder, but the remainder shall stand.
ARTICLE IV
REPEALING CLAUSE All Ordinances and parts of Ordinances in conflict herewith
are hereby repealed, including Ordinance No. 6 -1973.
ARTICLE V
EMERGENCY CLAUSE. The people of Van Buren demand some control over solicitors,
peddlers, hawkers, and itinerant merchants or vendors. It is necessary to repeal
Ordinance No. 6 -1973. An emergency is therefore declared and this Ordinance, being
necessary for the preservation of the public peace, health, and safety shall be in
full force and effect from and after its passage.
PASSED AND APPROVED THIS 15th DAY OF February 19 82
APlEST'ED:
C1 CLERK -T• URER