This entire article is and shall be deemed an exercise in police power of the state, and of the city, for public safety, comfort, convenience and protection of the city and citizens of said city, and all of the provisions hereof shall be construed for the accomplishment of that purpose.
(1983 Code, sec. 10.1)
The following definitions shall apply in the interpretation of this article:
Highway or street.
The width between the boundary lines of a public maintained thoroughfare, any part of which is open to the public for vehicular travel.
Interstate commerce.
Soliciting, selling or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, newspapers or subscriptions to newspapers which, at the time the order is taken, are in another state or will be produced in another state and shipped or introduced into this city in the fulfillment of such orders.
Itinerant merchant or vendor.
Any person engaged in either soliciting or peddling as above defined.
Median.
A barrier within a roadway to exclude vehicles, designed for the purpose of separating or directing streams of vehicular traffic.
Peddler.
Any person who sells goods or merchandise in any manner other than in an established retail or wholesale store and is not a solicitor as hereinafter defined.
Public right-of-way.
All streets, highways, alleys, and sidewalks within the city dedicated to the use of the public for vehicular and pedestrian passage, including all medians, curbs, shoulders, and sidewalk areas.
Roadways.
That portion of a public street or highway other than the berm or shoulder which is improved, designed, or ordinarily used for vehicular travel.
Solicitor.
A person or persons who sells or takes orders for the sale of goods or merchandise by personally calling upon residences either in person or by telephone.
(Ordinance 2008-0708-05, sec. 1, adopted 7/8/08; 1983 Code, sec. 10.2)
It shall be unlawful for any person to go from house to house or from place to place in the city, soliciting, selling or taking orders for any goods, wares, merchandise, services, photographs, newspapers, or subscriptions to newspapers, without having first applied for and obtained a license to do so from the city secretary. It shall also be unlawful to sell or solicit in said city as aforesaid without carrying such license while engaged in such soliciting or selling.
(1983 Code, sec. 10.3)
Any person desiring to go from house to house or from place to place in the city, to sell or solicit orders for goods, wares, merchandise, newspapers or magazines, shall make written application to the city secretary for a license to do so. The application shall show the name and address of the applicant, the name and address of the person, firm or corporation, if any, that he or she represents, and the kinds of goods offered for sale, and whether such applicant upon any such sale or order shall demand, accept or receive payment or deposit of money in advance of final delivery, and the period of time such applicant wishes to sell or solicit in the city.
(1983 Code, sec. 10.4)
The provisions of this article shall not apply to sales made to public or private business establishments by commercial travelers or sales agents in the usual course of business, nor to sales that are specifically regulated by state or federal law. These provisions shall not apply to any person who himself offers for sale any produce raised or grown upon the property owned or rented by him, or under his control. The provisions of this article shall not apply to solicitation, sale, or distribution made by charitable, educational or religious organizations, as well as community drives such as the United Fund.
(1983 Code, sec. 10.5)
(a) 
The application mentioned in section 4.04.004 for either a full one-year permit or a temporary permit shall be accompanied by a bond in the penal sum of two thousand dollars ($2,000.00), signed by the applicant, and signed, as surety, by some surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, services, photographs and newspapers in accordance with the terms of any order obtained prior to the delivery. The bond shall also be conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, or that may be discovered by such purchaser or customer within thirty (30) days after delivery.
(b) 
Such bond shall be for the use and benefit of all persons that may make any purchase or give any orders to the principal of said bond, or to any agent or employee of the principal; provided, however, that in case the applicant is a person engaging in an activity under the provisions of this article through one or more agents or employees, such person shall be required to enter into only one bond in the sum of two thousand dollars ($2,000.00), which bond shall be made to cover the activities of all agents or employees.
(1983 Code, sec. 10.6)
(a) 
The provisions of this article shall not apply to persons engaged in interstate commerce; provided, however, that it shall be unlawful for persons engaged in interstate commerce to go from house to house or from place to place in the city without first having registered with the city secretary giving the following information:
(1) 
Name, home address and local address, if any, of the applicant.
(2) 
Name and address of the person, firm or corporation, if any, that he or she represents or from whom or through whom orders are to be solicited or cleared.
(3) 
Nature of the articles or things which are to be sold or for which orders are to be solicited.
(4) 
Whether registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery.
(5) 
Period of time which registrant wishes to sell or solicit in the city.
(6) 
Statement of whether or not such activity is involved in interstate commerce.
(b) 
The registrant, at the time of registration, shall submit for inspection by the city secretary written proof of his or her identity, which may be in the form of an automobile operator’s license, identification letter or card issued to registrant by the person, firm or corporation for whom or through whom orders are to be solicited or cleared.
(1983 Code, sec. 10.7)
(a) 
It shall be unlawful for any individual, group or entity to solicit, sale, or take orders for any goods, wares, merchandise, or services from public street, highway, median, roadway or public right-of-way in the city limits.
(b) 
Further, it shall be unlawful to operate on or do business from private property without first obtaining written permission from the property owner.
(Ordinance 2008-0708-05, sec. 2, adopted 7/8/08; 1983 Code, sec. 10.8)
It shall be unlawful for any person coming under the provisions of this article to engage in any business at any time between thirty (30) minutes after sunset and thirty (30) minutes after sunrise, except when such person has a specific invitation and appointment with the customer.
(1983 Code, sec. 10.9)