This chapter is enacted by the Town of Ogden for the purpose
of regulating transient peddling, vending and soliciting in order
that the peace, health, safety, welfare and good order in the Town
and of its inhabitants shall not be endangered or unduly disturbed.
This chapter shall be known and may be cited as the "Peddling
and Soliciting Law of the Town of Ogden."
As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
that person peddles, vends or solicits in the ordinary and regular
course of business.
MERCHANDISING
The selling, bartering or trading or offering to sell, barter
or trade of any goods, wares, commodities or services.
PEDDLER, VENDOR and SOLICITOR
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or who solicits contributions of goods or moneys by going
from house to house or place of business to place of business or in
any public street or public place or by temporarily occupying a room,
building or other premises therefor.
PERSON
Includes any individual, firm, partnership, corporation and
unincorporated association and principal or agent thereof.
It shall be unlawful for any person within the jurisdiction
of this chapter to act as a peddler, vendor or solicitor, as herein
defined, without first having duly obtained and having in force and
effect a license therefor.
Upon receipt of the application and of the license fee and if
reasonably satisfied with the applicant's qualifications, the
Town Clerk shall issue a license to the applicant specifying the particular
business authorized and the location wherein it may be conducted.
This license shall be nontransferable and shall be in the continuous
possession of the licensee while engaged in the business licensed.
The license shall be produced upon the demand of any Town official,
prospective buyer, police officers or sheriffs or their deputies.
The licensing period shall be on a daily, monthly or annual
basis, and fees for the same shall be as determined by the Town Board
from time to time. Such license shall not be transferable and shall
so state on the face thereof.
The Town Clerk shall keep a record of the applications, the
determinations thereon and of all licenses issued in accordance with
this chapter. The record shall contain the name and residence of the
person licensed, the location of the business, the amount of the license
fee paid and the date of revocation and/or expiration of all licenses
revoked.
A licensed peddler, vendor or solicitor shall not:
A. Call attention to such peddler's, vendor's or solicitor's
goods by blowing a horn, by shouting or crying out or by any loud
or unusual noise.
B. Frequent any street in an exclusive nature so as to cause a private
or public nuisance.
C. Stand or permit the vehicle used by such peddler, vendor or solicitor
to stand in one place in any public place or street for more than
10 minutes, nor in front of any premises for any time, if the owner
or the lessee of the ground objects.
D. Sell confectionery or ice cream within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
E. Enter a private residence or place of business in the Town for the
purpose of selling or offering for sale or for soliciting orders for
goods, wares, merchandise, contracts or personal services, or remain
in a private residence or on the premises thereof, or any place of
business or on the premises thereof, after the owner or occupant thereof
shall have requested any solicitor or peddler to leave, or go in and
upon the premises of a private residence or place of business for
any such purposes when the owner or occupant has displayed a "no soliciting"
sign on such premises.
F. Willfully misstate any fact about any article offered for sale.
G. Willfully offer for sale any article of an unwholesome or defective
nature.
H. Fail to keep any vehicle or receptacle used in a sound, clean and
sanitary condition.
Any person aggrieved by the action of the Town Clerk in the denial of an application for a license as provided in §
201-5 of this chapter or in the decision of the Town Clerk with reference to the revocation of a license as provided in §
201-11 of this chapter shall have the right to appeal to the Town Board of the Town of Ogden. Such appeal shall be taken by filing, within 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 Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at the applicant's last known address at least five days prior to the date set for the hearing. The decision and order of the Town Board on such appeal shall be final and conclusive.
[Amended 12-13-1995 by L.L. No. 9-1995]
Any person who shall act as a peddler, vendor or solicitor,
as herein defined, without a license or who shall violate any of the
provisions of this chapter or who shall continue to act as peddler,
vendor or solicitor subsequent to the revocation of such person's
license shall, upon conviction, be subject to a penalty of not more
than $250 or to a term of imprisonment not to exceed 15 days, or both,
for each day on which such violation continues.