[CC 1974 §16-3; Ord. No. 12 §2-208, 2-8-1958]
No peddler, nor any person acting in his/her behalf, shall shout,
make any outcry, blow a horn, ring a bell or use any sound device,
including any loudspeaker, radio or sound amplifying system, upon
any of the streets, parks, other public places or upon any private
premises in the City where sound of sufficient volume is emitted or
produced therefrom to be capable of being plainly heard upon the streets,
avenues, parks or other public places for the purpose of attracting
attention to any goods, wares or merchandise which the licensee proposes
to sell.
[CC 1974 §16-4; Ord. No. 12 §2-210, 2-8-1958]
It shall be the duty of the City Marshal to require any person
seen peddling, who is not known by such officer to hold a permit under
this Article, to produce his/her peddler's permit and to enforce the
provisions of this Article against any person found to be violating
the provisions of this Article.
[CC 1974 §16-5; Ord. No. 12 §2-201, 2-8-1958; Ord. No. 430 §1, 6-13-2012]
A. Exception. Religious organizations are exempt from the permit
requirement. As a courtesy, religious groups can be asked to check
with the City Clerk to let her/him know that they will be in the City
limits of the City of Lake Waukomis canvassing residents, but they
are under no legal obligation to do so or to notify anyone of their
activities in the City of Lake Waukomis.
B. It shall
be unlawful for any person to engage in the business of peddler within
the City without first obtaining a permit therefor as provided in
this Division.
[CC 1974 §16-6; Ord. No. 12 §2-203, 2-8-1958]
A. Applicants
for a permit under this Division shall file with the City Clerk a
sworn application, in writing, in duplicate, on a form to be furnished
by the City Clerk, which application shall give the following information:
1. The
name and a description of the applicant.
2. The
address of the applicant, both legal and local.
3. A brief
description of the nature of the business, the goods to be sold and,
in the case of products of farm or orchard, whether produced or grown
by the applicant.
4. If employed,
the name and address of the employer, together with credentials establishing
the exact relationship.
5. The
length of time for which the right to do business is desired.
6. If a
vehicle is to be used, a description of such vehicle, together with
its license number or other means of identification.
7. A photograph
of the applicant taken within sixty (60) days immediately prior to
the date of the filing of the application, which picture shall be
two (2) inches by two (2) inches and showing the head and shoulders
of the applicant in a clear and distinguishing manner.
8. A statement
as to whether or not the applicant has been convicted of any crime,
misdemeanor or violation of this Code or any other municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
9. The
applicant shall file with his/her application a statement by a reputable
physician of the County, dated not more than ten (10) days prior to
the submission of the application, certifying the applicant to be
free of any infectious, contagious or communicable disease.
10. At
the time of filing the application, a fee, in such amount as shall
be determined by resolution of the Board of Aldermen, shall be paid
to the City Clerk to cover the cost of investigation.
[CC 1974 §16-7; Ord. No. 12 §2-204, 2-8-1958]
A. Upon
receipt of the application for a permit under this Division, the original
shall be referred to the City Marshal who shall cause such investigation
of the applicant's business and moral character to be made as he/she
deems necessary for the protection of the public good.
B. If, as
a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the City Marshal shall
endorse on such application his/her disapproval and his/her reasons
for such disapproval and return such application to the City Clerk
who shall notify the applicant that his/her application is disapproved
and that no permit will be issued. If, as a result of such investigation,
the character and business responsibility of the applicant are found
to be satisfactory, the City Marshal shall endorse on such application
his/her approval, execute a permit addressed to the applicant for
the carrying on of the business applied for and return the permit
along with such application to the City Clerk who shall, upon payment
of the prescribed fee, deliver to the applicant his/her permit.
C. Such
permit shall contain the signature and seal of the issuing officer
and shall show the name, address and photograph of the permittee,
the class of permit issued and the kinds of goods to be sold thereunder,
the amount of the fee paid, the date of issuance, the length of time
such permit shall be operative, as well as the permit number and other
identifying description of any vehicle used in peddling.
D. The City
Clerk shall keep a permanent record of all permits issued.
[CC 1974 §16-8]
The amount of fees for permits issued under this Division shall
be established by resolution of the Board of Aldermen.
[CC 1974 §16-10; Ord. No. 12 §2-207, 2-8-1958]
No permit issued under the provisions of this Article shall
be used or worn at any time by any person other than the one to whom
it was issued.
[CC 1974 §16-11; Ord. No. 12 §2-209, 2-8-1958]
Peddlers shall exhibit their permits at the request of any citizen.
[CC 1974 §16-12; Ord. No. 12 §2-212, 2-8-1958]
A. Permits
issued under the provisions of this Article may be revoked by the
Board of Aldermen, after notice and hearing, for any of the following
causes:
1. Fraud,
misrepresentation or false statement contained in the application
for such permit.
2. Fraud,
misrepresentation or false statement made in the course of carrying
on business as peddler.
3. Any
violation of this Article.
4. Conviction
of any crime or misdemeanor involving moral turpitude.
5. Conducting
the business of peddling in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
B. Notice
of the hearing for revocation of a permit shall be given in writing
setting forth specifically the grounds of the complaint and the time
and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his/her last known address at least five (5) days
prior to the date set for such hearing.
[CC 1974 §16-13; Ord. No. 12 §2-213, 2-8-1958]
All annual permits issued under the provisions of this Division
shall expire on December thirty-first (31st) in the year when issued.
Other than annual permits shall expire on the date specified in the
permit.