2025-58 AN ORDINANCE AMENDING ORDINANCE 2018-34 ADOPTED JUNE 18, 2018, AND CHAPTER 860 OF THE VERMILION CODIFIED ORDINANCES OF THE CITY OF VERMILION, OHIO, ENTITLED “PEDDLERS, CANVASSERS, AND SOLICITORS” AND DECLARING AN EMERGENCY.
WHEREAS, the Legislative Committee at their meeting of September 15, 2025, favorably recommended to Council to amend Chapter 860 of the Codified Ordinances.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio:
SECTION 1: That Chapter 860 of the Codified Ordinances of Vermilion is hereby amended to read henceforth as follows:
CHAPTER 860 PEDDLERS, CANVASSERS, AND SOLICITORS
860.01 DEFINITIONS.
As used in this Chapter:
(a) “Peddler” means any person traveling from place to place, door to door or from street to street, taking or attempting to take orders for profit by the sale of goods, wares, food, or merchandise or personal property of any nature whatsoever, to include but not limited to, ice cream trucks or other persons or vehicles selling prepackaged items for immediate or future delivery or for services to be furnished or performed in the future.
(b) “Solicitor” means any person traveling from place to place, door to door or from street to street, who obtains or seeks to obtain funds for any cause whatsoever by means of canvassing.
(c) “Canvasser” means any person traveling from place to place, door to door or from street to street who seeks to disseminate any lawful message or obtains or seeks to obtain or influence the opinions of the residents of the City upon the private residences including any house, apartment or other dwelling in the City and who may or may not obtain or seek funds for any cause.
(d) “Charitable” includes the words patriotic, philanthropic, social service, welfare, eleemosynary, benevolent, educational, fraternal, veteran's medical and social research, either actual or purported.
(e) “Religious” or “Religion” shall not include the word “charitable,” but shall be given their commonly accepted definitions.
860.02 LICENSE REQUIRED.
(a) No peddler or solicitor shall peddle or solicit within the Municipality without holding a valid license issued by the Chief of Police as provided under the provisions of this Section. A separate license shall be obtained for every peddler or solicitor, agent or employee soliciting within the Municipality.
(b) No license shall be required of any person for the following:
(1) Peddling or soliciting only for the purchase of or subscription for newspapers to be delivered at the place where the subscription is obtained;
(2) Peddling or soliciting only for wholesale delivery to merchants, manufacturers or other business or manufacturing establishments;
(3) Peddling or soliciting on behalf of any religious or charitable organization or group;
(4) Peddling or soliciting at the invitation or request of the person contacted;
(5) Peddling or soliciting conducted only among the members of the entity or organization conducting the peddling or soliciting; or
(6) Acting as a canvasser to disseminate ideas, thoughts, or message regarding any cause, issue, religion, or political candidate as long as such canvassing does not involve the violation of any local, state, or federal law.
(c) Applications for licenses for peddlers or solicitors shall be filed with the Chief of Police, on a form, along with the license application fee, to be furnished by the Chief of Police, which shall require, at least, the following information.
(1) The name of the applicant;
(2) If the applicant is an individual, a physical description of the applicant;
(3) The applicant’s social security number or federal identification number;
(4) The name and address of the person by whom the applicant is employed or for whom he is soliciting, if any, and the length of the applicant’s service with such employer or person;
(5) If the applicant is an individual, all places of residence of the applicant and all employment during the past five (5) years;
(6) The nature and character of the goods to be sold or services to be furnished by the applicant or the purpose for which funds are being peddled or solicited;
(7) The names of other municipalities in which the applicant has recently conducted peddling or solicitation activities.
860.03 DENIAL OR REVOCATION OF LICENSE.
(a) Each application shall be granted (and, if granted, the license issued) or denied within a reasonable time period after the Chief of Police receives the completed application.
(b) Within a reasonable time period means promptly after the submission of the license application and determined in part by the number of jurisdictions, contacts, and other sources of information the Chief of Police, or his designee, must contact to determine whether the applicant meets the requirements set forth in subsection (c) below. Should an application not be approved within fifteen business days of its submission, it shall be deemed denied.
(c) After an investigation, the Chief of Police shall issue the license unless it is determined that the applicant:
(1) Submitted an incomplete application;
(2) Proposes to engage in an unlawful commercial or professional enterprise;
(3) Made a false statement on the license application;
(4) Has not complied with all applicable provisions of this Chapter;
(5) Has been convicted of a felony, misdemeanor or code violation involving a sex offense, traffic in controlled substances, or any offense of violence, with any such conviction being entered within the seven (7) years preceding the date of application;
(6) Has been convicted of fraud, deceit, misrepresentation, or has been convicted of a theft offense within seven (7) years preceding the date of application; or
(7) Proposes to engage in conduct that constitutes a clear and present danger to the residents of the City.
(c) All licenses issued under the provisions of this Chapter shall expire six (6) months after the date the license is issued. A license application fee of twenty-five dollars ($25.00) is hereby adopted and established for the six-month licenses issued under this Chapter. Said fee is non-refundable and shall be charged for each individual proposed peddler or solicitor.
(d) No person shall directly or indirectly make or perpetrate any misstatement, description or fraud in connection with any solicitation or peddling for any purpose in the City or in any application or report filed under this Chapter.
(e) The Chief of Police may revoke at any time any license for violating any provision of this Chapter.
(f) The license issued under the provisions of this Chapter shall be carried at all times by the peddler or solicitor. Licenses issued under the provisions of this Chapter are nontransferable and shall not be used by any person other than the person identified on the license.
860.04 APPEALS
Any person who has applied for a license in accordance with this Chapter, and to whom the Chief of Police has, after an investigation, denied or revoked a license may appeal to the Board of Zoning Appeals pursuant to Section 1264.06 of the City of Vermilion’s Codified Ordinances. Notice of such appeal shall be filed with the Chief of Police and Board of Zoning Appeals within ten days after the denial or revocation by the Chief of Police.
860.05 RESTRICTED HOURS.
All peddling, soliciting, or canvassing under this Chapter may be made only between the hours of 9:00 a.m. and 9:00 p.m. 860.06 DO NOT KNOCK REGISTRRY; RESIDENT PROHIBITION BY NOTICE.
(a) The Chief of Police shall establish a “Do Not Knock Registry” for Peddlers and/or Solicitors.
(b) Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the City may request the City to place and maintain his or her residence, house, apartment or other dwelling on the “Do Not Knock Registry” by submitting a request on form(s) supplied by the Chief, which shall contain the following information:
(1) The signature of the person completing the form(s);
(2) The complete address of the residence, house, apartment or other dwelling to be placed on the Registry;
(3) The date the form was completed; and
(4) A statement that “No Solicitors and/or Peddlers” shall call at this address of words of similar import.
(c) Any person in lawful possession and occupancy of any residence, house, apartment or other dwelling in the City may request that the City remove his or her residence, house, apartment or other dwelling from the “Do Not Knock Registry” by submitting a “Notice of Removal” on form(s) supplied by the Director of Public Safety which shall contain the following information:
(1) The signature of the person completing the form(s);
(2) The complete address of the residence, house, apartment or other dwelling to be removed from the “Do Not Knock Registry”;
(3) The date the form was completed; and
(4) A statement that the residence, house, apartment or other dwelling be removed from the Registry for Peddlers and/or Solicitors.
(d) The decision whether to place a residence, house, apartment or other dwelling on the “Do Not Knock Registry” shall be solely that of the lawful possessor and occupant thereof.
(e) A residence, house, apartment or other dwelling, after being lawfully placed on the “Do Not Knock Registry” shall remain on said registry until the earliest of any of the following:
(1) The City receives notice of removal pursuant to division (c) hereof; or
(2) January 1 of the next year.
(f) A copy of the “Do Not Knock Registry” shall be made available for public inspection at all times during normal business hours from the Police Department and shall be given to every person who is issued a license.
(g) No peddler or solicitor required to obtain a license under Section 860.02 shall call upon, knock at the door, or ring the doorbell of any residence, house, apartment or other dwelling in the City which is at that time on the “Do Not Knock Registry” established and maintained pursuant to this Chapter.
(h) Notwithstanding any other provision of this Section, no peddler, solicitor, or canvasser, while peddling, soliciting or canvassing, shall call upon, knock at the door or ring the doorbell of any residence, house, apartment or other dwelling in the City upon which there is posted at the entrance a notice or sign that reads “NO PEDDLERS,” “NO SOLICITORS,” or “NO CANVASSERS,” unless such peddler, solicitor or canvasser is or has previously been invited upon the premises by the owner, lessee, or an adult occupant thereof.
860.07 PROHIBITED LOCATIONS
(a) No peddler, solicitor, or canvasser, shall while peddling, soliciting or canvassing do so on any public lands within the municipality of Vermilion, Ohio without written permission from the City of Vermilion Service Director of a permitted event.
860.99 PENALTY.
Whoever violates or fails to comply with any of the provisions of this Chapter is guilty of a minor misdemeanor for a first offense and shall be fined not more than one hundred dollars ($100.00), for a second or any subsequent offense, such person is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.
SECTION 3: This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 4: This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City and for the further reason that it is immediately necessary to adopt regulations for Ice Cream Trucks as they are currently operating in the city; wherefore, this Ordinance shall go into effect immediately upon its passage and shall be in full force and effect from and after the earliest period allowed by law.