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A. Solicitors shall be prohibited from engaging in the following activities in the city of Sedona:

1. No solicitor or solicitor business shall misrepresent the purpose of his solicitation or use any false or deceptive statement or misrepresentation to induce a sale or contribution, or use any plan, scheme, or ruse which misrepresents the status or purpose of the person making the statement.

2. No solicitor or solicitor business shall misrepresent the nature of the products they are promoting or the identity of the business that is promoting the products, nor shall any solicitor or solicitor business represent themselves as being affiliated with the city of Sedona.

3. No solicitor or solicitor business shall solicit, sell, or attempt to solicit or sell any product in an aggressive manner, which shall include but is not limited to:

a. Intentionally touching or causing any physical contact with any persons on the public streets or sidewalks without that person’s consent while engaging in, or attempting to engage in, commercial solicitation with that person; or

b. Intentionally blocking or interfering with the safe or free passage of any person by any means, including, but not limited to, unreasonably causing a person to take evasive action to avoid physical contact, while engaging in, or attempting to engage in, commercial solicitation with that person; or

c. Using profane, offensive, abusive or derogatory language, or using violent or threatening gestures toward a person before, during, or after commercial solicitation, or an attempt at commercial solicitation with the person; or

d. Continuing to engage any person as part of any commercial solicitation or attempt at commercial solicitation, including, but not limited to, persisting in closely following or approaching a person, if the person has indicated by words or conduct that such person does not want to be solicited.

4. No solicitor or solicitor business shall engage in sales or solicitation tactics that cause a gathering of people to form in a public place or otherwise cause congestion or the disruption of free flowing traffic, whether such traffic is pedestrian or vehicular.

5. No solicitor shall intentionally make, publish or disseminate, or cause to be made, published or disseminated, an assertion, representation or statement which is untrue, misleading or which, by the exercise of ordinary care, should be known to be untrue or misleading regarding:

a. The disposition of real or personal property; or

b. The performance of services; or

c. The inducement of the public by an allegation to enter into any transaction relating to either of the above.

6. It shall be considered an unfair or deceptive trade practice and a nuisance in violation of this article for any person or business, by means of exaggerated variations in the comparative size, location or position of letters on any sign, poster, notice, display or advertisement, to mislead or deceive the public, as to the true nature, price, quantity, brand or character of any goods, wares, merchandise, services, facilities or accommodations, or as to the nature of any sale or sales activity directed to the public.

7. Every OPC agent shall read, execute, and comply with the “Vacation Ownership Industry Code of Ethics for Sedona, Arizona” as amended from time to time (“Code of Ethics”) by the developers, as such term is defined in the Code of Ethics.

B. Solicitors shall wear company-branded shirts and name tags at least one and one-half inches by three inches in size. Name tags shall be worn on the front of the shirt between the center of the chest and above either elbow. [Ord. 2014-15 § 1, 11-13-2014; Res. 2014-31 Exh. A, 11-13-2014; Ord. 2015-05 § 1, 4-28-2015; Res. 2015-08 Exh. A, 4-28-2015].