§ 110.06. PEDDLERS AND SOLICITORS.

(1)

Violations of section.

(a)

Any person who fails or refuses to comply with the provisions of this section, or who violates any of the provisions hereof, shall be guilty of a misdemeanor, and upon conviction, shall be punished as prescribed in § 10.99 of this Code, for each such offense.

(b)

Any person violating more than one provision of this section shall be guilty of a separate offense and separate misdemeanor for each separate provision violated for which he may be separately charged, tried and, if found guilty, punished as above provided. Each separate solicitation, sale or other transaction or attempt thereat, in violation of this section, shall constitute a separate offense, whether on the same day or on separate days.

(2)

Definitions.

(a)

"Peddling" is the act of selling or offering to sell, or taking orders for or attempting to take orders for property, merchandise, goods, entertainment, or services.

(b)

"Soliciting" is the act of begging or soliciting alms, or accepting alms or gifts in money, goods, services, entertainment, or merchandise.

(3)

Activities prohibited and allowed.

(a)

Commercial peddling or solicitation. It is unlawful for any person to peddle or solicit for or on behalf of a commercial enterprise, directly or indirectly unless such activities take place:

1.

On the commercial enterprise's own premises with a valid business license; or

2.

At a Town-sponsored festival, parade, or other special event with a valid business license and special event permit.

(b)

Charitable peddling or solicitation. It is lawful for or on behalf of a charitable, patriotic, philanthropic, educational, recreational or religious organization to, peddle or solicit, directly or indirectly. This includes such activities on or off the organization's own premises, regardless of the zoning district associated with the property where such activities take place. No permit is required for such activities. Such activities may take place as often as and last for as long as the organization wishes.

(c)

Professional fundraising. It is unlawful for or on behalf of an organization registered or required to be registered as a professional fundraiser with the South Carolina Secretary of State to peddle or solicit within the Town of Lexington.

(4)

Signage. Any person engaging in lawful peddling or soliciting as described in subsection (3)(b) and the exceptions of subsection (3)(a) herein must comply with the Town of Lexington Sign Ordinance. For any such activity using an existing developed lot or parking lot, the signage may not exceed the maximum signage for that lot.

(5)

Car washes. Any person engaging in a car wash must not allow any non-source point pollution (soaps, grit, oils, dirt, etc.) to infiltrate a storm drain.

(6)

Misrepresentations prohibited. It is unlawful for any person to peddle or solicit by the misrepresentation of name, identity, need, occupation, financial condition, social condition or status, residence, or the object or purpose of the solicitation or gift, either of the person conducting the solicitation or of the recipient or beneficiary thereof.

(Ord. 319, passed 4-7-97; Am. Ord. 319-A, passed 3-3-97; Ord. 333, passed 7-7-97; Ord. 338, passed 9-2-97; Ord. 2010-32, § 1, passed 12-6-10; Ord. No. 2014-34, § 1, 8-18-14 )