[CC 1978 §52.010]
It shall be unlawful for any person to engage in the business of peddler as defined in Section
610.020 of this Chapter within the corporate limits of this City without first obtaining a permit therefor as provided herein.
[CC 1978 §52.020; Ord. No. 111 §1, 5-6-2013]
The word "peddler", as used herein, shall include
any person, whether a resident of this City or not, traveling by foot,
wagon, automotive vehicle, or any other type of conveyance from place
to place, from house to house or from street to street carrying, conveying
or transporting goods, wares, merchandise, meats, fish, vegetables,
fruits, garden truck, farm products or provisions, offering and exposing
the same for sale, or making sales and delivering articles to purchasers,
or offering for sale for later delivery, or seeking appointments for
the purpose of at that time offering for sale; or who, without traveling
from place to place, shall sell or offer the same for sale from a
wagon, automotive vehicle, railroad car or other vehicle or conveyance;
and further provided that one who solicits orders and as a separate
transaction, makes deliveries to purchasers as a part of a scheme
or design to evade the provisions of this Chapter shall be deemed
a peddler subject to the provisions of this Chapter. The word "peddler" shall include the words "hawker", "huckster" and
"solicitor". Further, "peddler" also does not include
an individual selling at the designated Farmers' Market as said Farmers'
Market location is designated annually by the City of Warsaw City
Council.
[CC 1978 §52.050]
The fees for licenses required under this Chapter shall be twenty-five
dollars ($25.00) for each six (6) month period or ten dollars ($10.00)
per day.
[CC 1978 §52.060]
No permit issued under this Chapter shall be transferable or
assignable.
[CC 1978 §52.080]
No peddler shall have any exclusive right to any location in
the public streets, nor shall any be permitted a stationary location,
nor shall he/she be permitted to operate in any congested area where
his/her operations might impede or inconvenience the public. For the
purpose of this Chapter, the judgment of a Police Officer, exercised
in good faith, shall be deemed conclusive as to whether the area is
congested or the public impeded or inconvenienced.
[CC 1978 §52.090]
No peddler, nor any person in his/her behalf, shall shout, make
any outcry, blow a horn, ring a bell or use any sound device, including
any loud speaking radio or sound amplifying system, upon any of the
streets, alleys, parks or other public places of said City or upon
any private premises in the said City where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon the streets, avenues, alleys, parks or other public places for
the purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
[CC 1978 §52.100]
Peddlers are required to exhibit their licenses at the request
of any citizen.
[CC 1978 §52.120]
Notice of the hearing for revocation of a license shall be given
in writing setting forth specifically the ground of complaint and
the time and place of hearing. Such notice shall be mailed postpaid
to the permittee at his/her permanent address (as shown on his/her
application) at least five (5) days prior to the date set for hearing.
[CC 1978 §52.130]
Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit as provided in Sections
610.030 and
610.040 or in the decision with reference to the revocation of a license as provided in Section
610.100 shall have the right of appeal to the Board of Aldermen. Such appeal shall be taken by filing with the City Clerk, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board of Aldermen shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section
610.110.
[CC 1978 §52.140]
All annual permits issued under the provisions of this Chapter
shall expire on the thirty-first (31st) of July in the year when issued.
Other than annual permits shall expire on the date specified in the
permit.