[Adopted as Ch. 850 of 1989 Codified Ordinances]
As used in this article, the following terms shall have the meanings indicated:
- Includes any person traveling by foot, wagon, automotive vehicle or other 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 or farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers. "Peddler" also means any person who, without traveling from place to place, sells any of the aforesaid products, or offers the same for sale, from a wagon, automotive vehicle or other vehicle or conveyance. Any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this article shall be deemed a peddler. "Peddler" includes the words "hawker" and "huckster."
[Amended 8-19-1998 by Ord. No. 365]
No peddler shall stop or remain in any one place upon any street, alley or public place longer than necessary to make a sale to a customer wishing to buy. Any peddler using a vehicle, when stopped, shall place his or her vehicle parallel to and within 12 inches of the curb and shall depart from such place as soon as he or she has completed sales with customers actually present.
No peddler, in the sale of goods, wares and merchandise, shall obstruct any street, alley, sidewalk or driveway, except as may be necessary and reasonable to consummate a sale, nor barter, sell or offer or expose for sale any goods, wares or merchandise in front of or at the side of any property against the wish or desire of the property owner or the tenant or occupant of such property, nor remain at any such place under any such circumstance. No peddler shall engage in peddling on any street, alley or public place after having been requested to desist by any police officer of the City because of congested or dangerous traffic conditions.
No peddler shall shout or cry out his or her goods or merchandise, nor blow any horn, ring any bell or use any other similar device to attract the attention of the public.
No person shall operate or maintain any stand, vehicle, store or place of business on or near any highway in such a manner that the customers of or traders with such person occupy or congregate within the limits of any street, lane, highway or public place in the city. No person shall be permitted to use the streets, alleys, lanes or public places of the City for the service of customers or for the transaction of business, or to use any stand, store or other place of business in any manner that requires the customer, when transacting such business, to stand within the limits of a street, highway, alley or public place of the city.
The following shall be exempt from the licensing requirements of this article but shall be subject to the other provisions hereof:
Farmers or truck gardeners selling or offering for sale any products grown, raised or produced by them, the sale of which is not otherwise prohibited or regulated; and
Any person under 18 years of age when engaged in peddling on foot in the neighborhood of his or her residence under the direct supervision of any school or recognized charitable or religious organization.
The City shall issue special permits after Council approval, without the payment of any license fees or other charges therefor, to any person or organization for the conduct or operation of a nonprofit enterprise, either regularly or temporarily, when it finds that the applicant operates without private profit for a public, charitable, educational, literary, fraternal or religious purpose, subject to the following conditions:
An applicant for a special permit shall submit an application therefor to the city, upon forms prescribed by the city, and shall furnish such additional information as is required by the City to make a determination that the applicant comes within the provisions of this section.
A person granted a special permit under this section shall be exempt from the requirements of this article relative to application for a license, but shall conform to all other applicable provisions of this article.
No person or organization operating under this article, whether licensed or exempt from a license, shall engage in any business or make any call for business purposes before 9:00 a.m. or after 7:00 p.m. or sundown, whichever occurs first.