ORDINANCE NO. 014-18
AN ORDINANCE AMENDING DIVISION 2, DOOR-TO-DOOR SOLICITATION,
OF ARTICLE IX OF CHAPTER 14 OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 14-167 AND 14-182 AND ADDING NEW SECTION 14-183
BE IT ORDAINED by the City Council (the “City Council”) of the City of Opelika, Alabama
(the “City”) as follows:
Section 1. Amendment to section 14-167. That Section 14-167 of the Code of Ordinances of
the City of Opelika, Alabama, shall be amended to read as follows:
Sec. 14-167 Application for Certificate
(a) The City shall provide a standard form for use for registration of solicitors. The applicant for the certificate shall state upon his/her oath or affirmation that the information is truthfully provided to the best of his/her knowledge and belief. The applicant shall supply upon the form the following information:
(1) Applicant’s true, correct, and legal name, including the name of any organization or business for which applicant will be soliciting.
(2) If the soliciting is to be done for a business, the taxpayer control number
showing proof of the purchase of a valid City of Opelika business license.
(3) Address of applicant’s home and applicant’s headquarters or place of corporate contact.
(4) The purpose for which soliciting will be done.
(5) A brief description of the method of presentation that will be made.
(6) The dates for which soliciting is planned.
(7) Whether a permit, license, or certificate of registration in connection with soliciting has ever been revoked, explaining the circumstances.
(8) Names and addresses of applicant’s officers and managers, if any.
(b) When applying for a certificate of registration, the applicant shall, at the
applicant’s expense, obtain a comprehensive criminal background check from the Alabama Law Enforcement Agency. The report shall include a list of all misdemeanors or felonies for which the applicant has been convicted, the names and locations of the courts in which, and the date on which, such convictions were issued and the penalties.
(c) Before a certificate of registration is issued, the applicant shall pay to the City the sum of fifty dollars ($50.00) as a permit fee and the sum of fifty cents ($0.50) for each facsimile copy of the certificate that is desired.
(d) Any material omission, untrue or misleading information contained in or left out of an application for a certificate of registration under this division shall be cause for denial thereof and if a certificate has been issued under these circumstances, such shall be cause for the revocation of the certificate.
Section 2. Amendment to section 14-182. That Section 14-182 of Chapter 14 of the Code of Ordinances of the City of Opelika, Alabama, shall be amended to read as follows:
Sec. 14-182 Disqualifying Factors
The following shall be considered factors which disqualify an applicant from obtaining a solicitor’s certificate of registration:
(a) A person has been criminally convicted of (which includes any disposition of a criminal case resulting in the imposition of a fine, probation, incarceration, or other adverse sentence of a punitive nature, whether or not the person has been formally adjudicated guilty, unless the conviction has been set aside on appeal or pursuant to a writ
of habeas corpus) or have criminal charges currently pending against them for: homicide
or manslaughter of any type, class, or degree; physically abusing, sexually abusing, or exploiting a minor; the sale or distribution of controlled substances; sexual assault of any type, class, or degree; or theft, robbery, burglary, or assault of any type, class, or degree.
(b) A person has been criminally convicted of (which includes any disposition of a criminal case resulting in the imposition of a fine, probation, incarceration, or other adverse sentence of a punitive nature, whether or not formally adjudicated guilty, unless the conviction has been set aside on appeal or pursuant to a writ of habeas corpus) for a
felony in the last ten years.
(c) A person has been confined or imprisoned in a federal or state prison within the last ten (10) years.
(d) A person is currently on parole or probation to any court, penal institution, or governmental entity, which include being under house arrest or subject to a tracking device;
(e) A person has an outstanding warrant from any jurisdiction; or
(f) A person is currently subject to a protective order, based on physical or sexual abuse, issued by a court of competent jurisdiction
Section 3. Addition of Section 14-183. That Chapter 14 of the Code of Ordinances of the
City of Opelika, Alabama, is hereby amended by adding a section to be numbered 14-183, which said section shall read as follows:
Sec. 14-183. Penalties.
Any person who violates any provision of this division shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both fine and [imprisonment.
Section 4. Remaining sections of Chapter 14 to remain in full force and effect. The remaining sections of Chapter 14 shall remain in full force and effect, notwithstanding the foregoing
Section 5. Repealer Clause. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are repealed.
Section 6. Severability. If any section, clause, provision or portion of this Ordinance shall be held to be invalid or unconstitutional by any Court of any competent jurisdiction, said holding shall not affect any other section, clause, provision or portion of this Ordinance which is not in or of itself invalid or unconstitutional.
Section 7. Effective Date. This Ordinance shall take effect immediately upon its adoption and publication as required by law.
Section 8. Publication. The City Clerk of the City of Opelika is hereby authorized and directed to cause a copy of this Ordinance to be published one (1) time in a newspaper of general circulation in the City of Opelika, Alabama.
ADOPTED AND APPROVED this the 21st day of August, 2018.
/s/ Eddie Smith PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
/s/ R. G. Shuman CITY CLERK
TRANSMITTED TO MAYOR this the 22nd day of August, 2018.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 22nd day of August, 2018.
/s/ Gary Fuller MAYOR
/s/ R. G. Shuman CITY
ORDINANCE NO. 014-18