Canvassers and Solicitors
Sec. 22-134. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Person, when used in reference to licensing and solicitation shall be synonymous with the term "organization," except where the context clearly indicates a different intention.
Solicitation of funds means any person or organization, excepting those listed in this definition, who shall solicit gifts, donations, or contributions personally or through an authorized employee, agent, or representative by the direct solicitation of money or by the sale of tags, buttons, tokens or other items of nominal value, intending that all or a substantial portion of such funds be used for the procurement of necessaries for one or more individuals or for medical, educational, religious or other purposes toward the benefit of the community or a needful segment thereof. The terms "solicitor of funds," "solicit funds," and "solicitation of funds" shall not pertain to or include the following:
(1) Any organization soliciting contributions from among its membership or employees;
(2) Any organization soliciting contributions while the solicitor and the person solicited are located upon property owned by that organization;
(3) Solicitation of contributions by mail;
(4) Solicitation of contributions by telephone;
(5) Solicitation for contributions of funds for a candidate for election or nomination to any public office or a political party as defined by the Code of Iowa or a nonparty political organization as described in the Code of Iowa;
(6) Solicitation for a religious organization which is exempt from taxation under section 501(c)(3) of the United States Internal Revenue Code;
(7) Solicitation of contributions by public employees of other employees of the same public employer in accord with the work rules of the public employer; or
(8) Solicitation of contributions by a foundation or organization which gives aid or financial support to a publicly owned institution when the solicitation takes place upon land owned by the public institution.
(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-135. Registration and license required.
It shall be unlawful for any person to canvass, solicit, or engage in solicitation of funds within the city limits without first having registered in the office of the city clerk and having received, as hereinafter provided, a license to canvass or solicit.
(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-136. Application.
Each person desiring a license for the activities set out in section 22-134 shall make application to the city clerk upon the forms provided by said clerk, which said forms shall be designed to reasonably identify the applicant and the organization he/she represents if applicable, the nature and purpose of its organization, the nature, extent and duration of its proposed activities, the estimated number of persons who will be directly soliciting funds in the city, for which it wants a license under this article.
(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-137. Approval by city council.
Upon investigation of the applicant by the city clerk and after report to the city council, and after further investigation by the city council if deemed necessary, the city council shall grant or deny the license request and report said action to the city clerk who shall, if said license is granted, issue the same to the applicant. The city council may, in addition to the restrictions set out hereinafter, place such additional restrictions on the license as they deem necessary to protect the health, safetyand welfare of the citizens of the city.(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-138. Fee.
The city clerk may charge a fee of not more than $10.00 per applicant to cover the costs of the processing of said application and the granting of said license.(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-139. Duration and hours of solicitation.
A license issued under this article shall be valid for no more than ninety days as determined by the city council. No person shall solicit funds on public property or private property from 9:00 p.m. until 8:00 a.m. the following day, except in connection with, during, and as a part of attendance at a public or private social, civic, or religious event.(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-140. Removal from private property.
Any person canvassing or soliciting under authority of this article shall immediately remove themselves from private property when requested to do so by the owner or occupant thereof and while canvassing or soliciting on said private property shall not in any manner conduct themselves in such a manner as to violate any provisions of the City Code, including the provisions of this article.(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-141. Revocation.
In addition to penalties permitted to be imposed by the City Code, any person licensed by this article who violates any provision of this article shall be subject to having said license revoked by the city council. The license holder may appeal such revocation in the same manner prescribed by section 22-103.(Ord. No. 2987, § 1, 11-6-07)
Sec. 22-142. Penalties.
Any person violating any provision of this article shall be guilty of a misdemeanor and shall be punished by a fine and/or imprisonment not to exceed that amount allowed by section 1-8.(Ord. No. 2987, § 1, 11-6-07)Secs. 22-143--22-160. Reserved.