No person shall engage in the business of hawking, peddling,
or vending any goods, wares, hardware, toilet articles, patent medicines,
merchandise, fruits, vegetables, or foodstuffs, or services from door
to door, or from upon the streets, alleys, and public places unless
specifically authorized by resolution of the City Council, or its
designee.
Any person desiring to obtain approval to engage in the business of hawking or peddling as provided in Section
8-1 shall make a written application thereof to the City Clerk. The application for approval under the provisions of this chapter shall contain the following items, together with additional information as the City Clerk may require:
A. Full
name and business address of the organization filing the application.
B. List
and general description of the articles to be sold or offered for
sale.
C. Proposed
methods of conduction of the sale, delivering products to buyers.
D. Dates
and times of operation for which approval is desired.
Upon City Council approving an application on or before the next regularly scheduled council meeting for a person or business to engage in the business of hawking or peddling as provided in Section
8-1, any and all individuals engaged in hawking and peddling under the approved application shall register with the City Clerk and provide the following information:
A. A
copy of their driver(s) license or comparable State Identification
Card with photo identification.
No person engaged in the business of hawking or peddling shall
begin their activities within the City of New Buffalo:
A. Before
9:00 a.m. nor after 8:00 p.m.
C. At
any location that is posted as prohibiting solicitation.
No person shall engage in the business of hawking or peddling
or vending any frozen, fresh, or raw meats or poultry, salt or smoked
or cured meats or poultry, fish, or other seafood for human consumption
from door to door or from the streets, alleys, or public places for
any purpose whatsoever. This section shall not apply to any vendor
offering prepared foods for consumption by any method as part of any
festival or fair approved by the Council, provided said vendor is
recognized and so permitted by the health department and approved
by the organization conducting and sponsoring the festival or fair.
This chapter shall not apply to any vendor offering goods or
wares by any methods as part of any festival or fair approved by the
Council, provided said vendor is recognized and approved by the organization
conducting and sponsoring the festival or fair.
All other ordinances, and/or parts of ordinances in conflict
with the provisions of this ordinance, except as herein provided,
are hereby repealed only to the extent necessary to give this ordinance
full force and effect.
If any section, subsection, clause, phrase, or portion of this
ordinance, or any application thereof, is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such portion,
or application thereof, shall be deemed a separate, distinct and independent
provisions, and such holding shall not affect the validity of the
remaining portion thereof.
The repeal or amendment herein shall not abrogate or affect
any offense or act committed or done, or any penalty or forfeiture
incurred, or any pending litigation or prosecution of any right established
or occurring prior to the effective date of this ordinance, as amended.
This ordinance shall take full force and effect immediately
upon publication.