Hartsdel Neighborhood Watch Association
Del City Ordinances
Peddlers, Hawkers, Solicitors and Canvassers
DEL CITY CODE ARTICLE 11. PEDDLERS, HAWKERS, SOLICITORS AND CANVASSERS
DIVISION 1. GENERALLY
Sec. 10-15. Definitions.
The following words, as used in this article, shall have the following meanings:
Peddler shall include the words "hawker" and "huckster" and shall mean any person, whether a resident of this city or not, who travels by foot or by any type of conveyance from place to place,from house to house, or from street to street carrying, conveying or transporting goods, wares or merchandise of whatsoever nature, offering and exposing same for sale, or who, without travelingfrom place to place, shall sell or offer the same for sale from any vehicle or conveyance, or on anypublic or private street or thoroughfare or private property commercially zoned for retail sales.
Solicitor and canvasser shall mean a person, whether a resident of this city or not, who travels by foot or by any type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise or personal property of whatsoever nature for future delivery, or for services to be furnished or performed in the future.
Non-commercial Solicitor shall mean a person, whether a resident of this city or not, who travels by foot or by any type of conveyance from place to place, from house to house or from street to street, requesting donations, selling subscriptions or memberships, selling merchandise of any kind, distributing circulars, tracts, advertising bills or other such written materials, or who makes verbal presentations, in order to espouse, promote or fund any charitable, social, educational, religious or political organization, cause, belief or position.
(Code 1973, § 21-2, 21-15; Ord. No. 1056, § 1, 9-2-97)
Sec. 10-16. Exclusions.
The following persons are excluded from the definitions of "peddler" and "solicitor and canvasser" and "non-commercial solicitor" in the preceding section:
(1) Persons engaged in selling personal property at wholesale to dealers in such property;
(2) Merchants having regular places of business in the city and their employees, in taking orders at the houses of their customers for goods held in stock at said places of business, and in delivering the goods so ordered;
(3) Persons selling newspapers;
(4) Persons who deliver milk in compliance with the city's ordinances relating to milk and food handling;
(5) Any needy disabled ex-service person holding a current and valid hawking and peddling certificate, executed as provided by law and of record in the office of the city clerk. Provided, this exemption shall not apply to solicitors or canvassers;
(6) Farmers and truck gardeners who live inside the city limits who offer for sale or sell, or who peddle and sell from house to house, vegetables, butter, eggs and other farm products produced and raised by them from lands owned, cultivated or controlled by them;
(7) Any person who circulates an initiative, referendum or recall petition within the city, in accordance with the laws of Oklahoma and the Charter of the City of Del City, and who has delivered a true and correct copy of said petition to the city clerk, further advising said clerk of the names and addresses of persons proposing such petition, as provided by the Charter and other applicable laws; and
(8) Any person delivering a newsletter, circular or other information for or on behalf of a bona fide neighborhood watch organization within the City of Del City, to the members of such organization
or residents of such neighborhood watch area.
(Code 1973, § 21-3; Ord. No, 1056, § 2, 9-2-97)
Sec. 10-24. Door to door peddling and soliciting; hours.
It shall be unlawful for any person to go from house-to-house or door-to-door within the city, for the purpose of selling, offering for sale or taking orders for the sale of any personal property, service or subscription to publications, between the hours of 6.00 p.m. and 8:00 a.m.
(Code 1973, § 21-21)
Sec. 10-26. Policy on soliciting.
It is hereby declared to be the policy of this city that the occupant or occupants of the residences in this city shall have the right to determine whether peddlers, commercial solicitors or non-commercial solicitors shall be, or not be, invited to their respective residence.
(Ord. No. 1056, § 5, 9-2-97)
See. 10-27. Notice regulating soliciting.
Every person desiring to secure the protection of the regulations contained in this chapter shall comply with the following requirements, to wit:
(a) Notice of the determination by the occupant of giving invitation to salespersons or solicitors, whether commercial or noncommercial, or the refusal of invitation to such salespersons or solicitors, to any residence, shall be given by written notice posted on the premises in the manner following:
(i) "ONLY SOLICITORS LICENSED IN DEL CITY, OKLAHOMA, INVITED" or
(ii) "NO SOLICITORS OR PEDDLERS."
(b) The letters on such written notice shall be clearly readable from at least ten (10) feet away by persons with normal vision, and shall be posted in a place clearly visible from the front or main door of such residence.
(c) For the purpose of uniformity, the City shall make cards available to residents with the appropriate notice upon payment of the cost of producing the same by persons requesting them. Proper display of such card, or other written notice as provided in subsection (b) shall constitute sufficient notice to any salesperson or solicitor of the determination by the occupant of the residence of the information contained thereon.
(Ord. No. 1056, § 5, 9-2-97)
Sec. 10-28. Duty of solicitors.
It shall be the duty of every peddler or solicitor, whether commercial or non-commercial, upongoing onto any premises in the City on which a residence is located, to examine and took for the notice provided for in Section 10-27 of this Chapter, if any is posted, and be governed by the statement contained on the notice. If the notice states: "ONLY SOLICITORS LICENSED IN DEL CITY, OKLAHOMA, INVITED," then any peddler or solicitor not possessing a valid license (as hereinafter provided for) shall immediately and peacefully depart from the premises; and if the notice states: "NO SOLICITORS OR PEDDLERS," then the solicitor or peddler, whether licensed or not, and whether commercial or non-commercial, shall immediately and peacefully depart from the premises. Any peddler or solicitor, whether commercial or non-commercial, who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
(Ord. No. 1056, § 5, 9-2-97)
Sec. 10-29. Uninvited soliciting prohibited.
It is hereby declared to be unlawful, and shall constitute a nuisance, for any person to go upon any premises and ring the doorbell upon or near such door, or knock on the door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in peddling or soliciting, whether commercial or non-commercial as defined herein, or to leave in the door or elsewhere on the premises any advertising materials, circulars, tracts or other written materials in connection therewith, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 10-27 of this chapter.
(Ord. No. 1056, § 5, 9-2-97)
See. 10-30. Penalty.
Any person violating any of the provisions of Sections 10-26 through 10-29 inclusive, and/or Sections 10-41 through 10-51 of this Chapter, shall, upon conviction thereof, be subject to a fine of not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00) or sixty (60) days in jail, or either or both, for each offense, plus the payment of court costs. In determining the amount of such fine or jail time, the Municipal Court shall take into account whether such person is a repeat or habitual violator of the provisions of this Chapter.
(Ord. No. 1056, § 5, 9-2-97; Ord. No. 1146, § 1, 11-15-99)
