The County Sheriff's Department and any special conservators
of the peace employed by the Board of Supervisors and empowered to
enforce litter control ordinances and statutes shall have concurrent
jurisdiction to enforce this article.
The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
GARAGE OR YARD SALE
Any sale operated out of a single-family dwelling or multifamily
dwelling that does not involve the sale of items purchased for the
purpose of resale.
IMMEDIATE FAMILY MEMBER
Those individuals who are related as either brother, sister,
son, daughter, father or mother.
ITINERANT PEDDLER
For the purpose of license taxation, any peddler, as herein
defined, who engages in, does, or transacts any temporary or transient
business in Buchanan County; who conducts his or her business in any
place other than a fixed structure or building that is subject to
building code standards.
PEDDLER
For the purpose of license taxation, any person who shall
carry from place to place any nonagricultural goods, wares, or merchandise
and offer to sell or barter the same, or actually sell or barter the
same.
Itinerant peddlers are prohibited from operating in the following
areas of the County:
A. Within 20 feet along Virginia State Route 83.
B. Within 20 feet along United States Highway 460.
C. Within 20 feet of Virginia State Route 80.
D. Within 20 feet of any United States highway or other primary Virginia
state routes not mentioned herein.
E. Within 20 feet of any public road where the posted speed limit is
55 miles per hour or higher.
No itinerant peddler shall:
A. Conduct roadside vending within 50 feet of the entrance or exit to
the grounds of any elementary or secondary school between one hour
prior to the start of the school day and one hour after dismissal
at the end of the school day.
B. Leave any stand or motor vehicle unattended.
Store, park, or leave any stand overnight on any road or street
or park any motor vehicle other than in a lawful parking place in
conformance with County and state parking regulations.
C. Sell food or beverages for immediate consumption unless there is
available for public use the vendor's own or a public litter receptacle.
D. Leave any location without first picking up, removing, and disposing
of all trash, refuse, garbage or litter remaining from the sales,
vending, or operation conducted.
E. Conduct any roadside business in such a way as would restrict or
unreasonably interfere with the ingress or egress of the occupants
of abutting property owners; create or become a public nuisance; increase
traffic congestion or delay; or constitute a hazard to traffic, life
or property; or obstruct adequate access for fire, police, or sanitation
vehicles.
F. Conduct any business in a location where there is not provision for
adequate parking off the public road or right-of-way.
G. Conduct any roadside vending within 50 feet of the entrance of any
hospital, fire department, or ambulance service.
Any itinerant peddler license may be denied, suspended or revoked
for any of the following causes:
A. Fraud or misrepresentation contained in the application for the license.
B. Fraud or misrepresentation made in the course of carrying on the
business of vending.
C. Conduct of the licensed business in such a manner as to create a
public nuisance or constitute a danger to the public health, safety,
welfare or morals.
D. Conduct which is contrary to the provisions of this article.
E. Conviction of violation of this article within the previous year.
Any itinerant peddler conducting business pursuant to a license
granted under this article must present a copy of said license to
any authorized enforcement official upon request. The license shall
be printed on a form that includes the name and address of the applicant
in bold print. Copies of active licenses shall be available for public
inspection at the Buchanan County administrative offices.