[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.
A.
The following shall be exempt from the licensing requirements of
this article but shall be subject to the other provisions hereof:
(1)
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
(2)
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.
B.
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:
(1)
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.
(2)
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.
