§ 16-72. 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:

Agricultural vendor means an individual engaged in selling only products which are planted and or naturally harvested including fruits, vegetables, plants, trees, nuts or honey.

Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.

Day labor site means a designated portion of the property located at 221 W. Collins Street where soliciting employment is allowed without a permit. The day labor site shall not include any area within fifty (50) feet of the intersection of the day labor site driveway entrance and West Collins Street. Nor shall the day labor site include any area within twenty (20) feet of any curb-line of the city streets adjacent to the property at 221 W. Collins Street. Additionally, if any fencing, shrubbery, or other physical barrier is added to the property at 221 W. Collins Street, then the day labor site shall only include the area of the property inside of the physical barrier.

Goods or merchandise means any personal property of any nature whatsoever, except printed material.

Handbill means any printed or written matter, any sample or device, circular, flyer, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by United States mail, including, but not limited to, those which:

(1)

Advertise for sale any merchandise, product, commodity, or thing;

(2)

Direct attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or

(3)

Direct attention to or advertise any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the sole purpose of private gain or profit.

Handbill distributor means and includes any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.

Handbill sponsor means and includes any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message.

Home solicitation transaction means a transaction or the purchase of goods or services, payable in installments or cash, in which the home solicitor engages in a personal solicitation of a sale to a person at a residence. A home solicitation transaction shall not include a sale made pursuant to a preexisting retail charge agreement or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale or a sale of realty, in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.

Home solicitor means a person who goes from house to house or from place to place soliciting, selling or taking orders for or offering to sell or take orders for any goods, merchandise or services, this includes distribution of handbills left at any residence.

Itinerant merchant means a person who sets up and operates a temporary business within the premises of another business or location in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods or services. An itinerant merchant does not include a person who operates a temporary business completely within a building of an existing business with the express permission of the owner or operator of that business or building.

Multiunit complex means two (2) or more dwellings in one or more buildings that are:

(1)

Under common ownership;

(2)

Managed by the same owner, agent, or management company; and

(3)

Located on the same lot or tract or adjacent lots or tracts of land.

Police chief means the chief of police or his designee of the city.

Residence means any separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.

Soliciting means any conduct or act whereby a person:

(1)

Either orally or in writing, asks for a ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose in any public place;

(2)

Either orally or in writing, sells or offers for sale goods, services, or publications;

(3)

Distributes without remuneration goods or services.

Soliciting does not include requesting a ride, employment, goods, services, or financial aid from a friend or relative.

Solicitor means a person who engages in soliciting.

(Ord. No. 2004-113, § 2, 4-6-04; Ord. No. 2004-207, § 1, 7-20-04)

Cross reference

Definitions and rules of construction generally, § 1-2.