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:
Peddler
means any person, whether a resident of this city or not, traveling from house to house, or from street to street, for the purpose of selling, or soliciting for sale, goods, wares, merchandise or services, and shall also mean and include any person transacting a temporary business within the city at an established place of business. The term “peddler” includes the term “solicitor,” “transient or itinerant merchant or vendor,” or “transient or itinerant photographer.”
(1976 Code, sec. 22-1; 1998 Code, sec. 94-1; 2013 Code, sec. 12-210)
The provisions of this article shall not apply to the following:
(1) 
Sales made to dealers or permanent merchants by commercial travelers selling in the usual course of business.
(2) 
Sheriffs, constables, bona fide assignees, receivers or trustees in bankruptcy or other public officers selling goods, wares and merchandise according to law.
(3) 
Vendors registered and displaying within the confines of a licensed flea market as defined in article 5.07 of this chapter, or vendors at residential garage sales with appropriate permits.
(4) 
Solicitations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity within this city.
(1976 Code, sec. 22-2; 1998 Code, sec. 94-2; 2013 Code, sec. 12-211)
Solicitations, sales or distributions made by charitable, educational or religious organizations which have a principal place of activity in the county and no such principal place of activity within this city shall be exempt from sections 5.09.034 and 5.09.035 and shall be exempt from section 5.09.032(2). Such limited exemption shall apply only to members of the organization for which the sales, solicitations or distributions are being made, and each member actively engaged in such activities within this city shall be subject to the remaining provisions of this article.
(1976 Code, sec. 22-2.1; 1998 Code, sec. 94-3; 2013 Code, sec. 12-212)
Any peddler who enters upon premises owned, leased or rented by another and refuses to leave such premises after having been notified by the owner or occupant of such premises or his agent to leave the same and not return to such premises shall be deemed guilty of a misdemeanor.
(1976 Code, sec. 22-3; 1998 Code, sec. 94-4; 2013 Code, sec. 12-213)
It shall be unlawful for any peddler to enter upon any private premises when the same are posted with a sign stating “No Peddlers Allowed” or “No Solicitations Allowed” or other words to such effect.
(1976 Code, sec. 22-4; 1998 Code, sec. 94-5; 2013 Code, sec. 12-214)
It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his goods, wares, merchandise or services for the purpose of inducing another to purchase the same.
(1976 Code, sec. 22-5; 1998 Code, sec. 94-6; 2013 Code, sec. 12-215)
It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of one-half hour before sunset and 8:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.
(1976 Code, sec. 22-6; 1998 Code, sec. 94-7; 2013 Code, sec. 12-216)
No person shall go onto any public roadway for the purpose of soliciting donations or distributing literature of any kind to a person in an automobile using such public roadway. Police officers issuing citations or obtaining information and operators and attendants of emergency vehicles and wreckers at the scene of an actual emergency or wreck are exempted from the provisions of this section.
(1998 Code, sec. 94-9; Ordinance 970137, sec. 1, adopted 11/4/97; 2013 Code, sec. 12-218)
It shall be unlawful for any person to engage in business as a peddler within this city without first obtaining a permit so to do.
(1976 Code, sec. 22-18; 1998 Code, sec. 94-31; 2013 Code, sec. 12-245)
The application for a permit required by the provisions of this article shall state or contain the following:
(1) 
A statement as to whether or not the applicant has been convicted of any crime or misdemeanor or violation of any state or federal law or municipal ordinance or code; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction.
(2) 
The information contained on the applicant’s state driver’s license, or, if the applicant does not have such a license, the information contained on his state or federally issued identification card, all of which shall be verified by examination of such license or card by the officer who issues peddler’s permits.
(3) 
Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery.
(4) 
The period of time the applicant wishes to engage in business within this city.
(5) 
The local and permanent address of the applicant.
(6) 
The local and permanent address and the name of the person, if any, that the applicant represents.
(7) 
The kind of goods, wares, merchandise or services in which the applicant wishes to engage in such business within the city.
(8) 
The last five cities or towns wherein the applicant has worked before coming to this city.
(9) 
Such other relevant information as may be required for the investigation of the applicant.
(1976 Code, sec. 22-19; 1998 Code, sec. 94-32; 2013 Code, sec. 12-246)
It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit required by this article.
(1976 Code, sec. 22-21; 1998 Code, sec. 94-33; 2013 Code, sec. 12-247)
Before any permit shall be issued under the provisions of this article, the applicant therefor shall pay a fee as established by the city council.
(1976 Code, sec. 22-23; 1998 Code, sec. 94-34; 2013 Code, sec. 12-248)
The application for a permit required by the provisions of this article shall be accompanied by a bond in the penal sum of $1,000.00 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 or services in accordance with the terms of any order obtained prior to delivery, and also 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 such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on such bond or to an agent or employee of such principal.
(1976 Code, sec. 22-24; 1998 Code, sec. 94-35; 2013 Code, sec. 12-249)
Before any permit shall be issued under this article, there shall also be filed with the city secretary an instrument in writing, signed by the applicant under oath, nominating and appointing the city secretary his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of such applicant, and service of summons in any action brought upon the applicant’s bond shall be deemed made when served on the city secretary.
(1976 Code, sec. 22-25; 1998 Code, sec. 94-36; 2013 Code, sec. 12-250)
No permit shall be issued under the provisions of this article until the applicant shall have complied with all the provisions and requirements of this article.
(1976 Code, sec. 22-26; 1998 Code, sec. 94-37; 2013 Code, sec. 12-251)
Each permit issued under the provisions of this article shall be signed by the city secretary, shall be dated as of the date of its issuance, and shall state the duration or term of such permit on the face thereof. Any permit not dated and signed as herein provided, or which was issued in violation of this section, shall be void.
(1976 Code, sec. 22-28; 1998 Code, sec. 94-39; 2013 Code, sec. 12-253)
Every peddler having a permit issued under the provisions of this article and doing business within the city shall display his permit upon the request of any person, and failure so to do shall be deemed a misdemeanor.
(1976 Code, sec. 22-29; 1998 Code, sec. 94-40; 2013 Code, sec. 12-254)
Every permit issued under the provisions of this article shall be valid for the period of time stated therein, but in no event shall any such permit be issued for a period of time in excess of 12 months.
(1976 Code, sec. 22-30; 1998 Code, sec. 94-41; 2013 Code, sec. 12-255)
Any permit issued under the provisions of this article may be revoked for the violation by the permittee of any applicable provision of this code, state law or city ordinance. Upon such revocation, such permit shall immediately be surrendered to the city secretary, and failure to do so shall be a misdemeanor.
(1976 Code, sec. 22-31; 1998 Code, sec. 94-42; 2013 Code, sec. 12-256)