The term “peddler,” as used in this article, shall
include all peddlers, solicitors, hawkers, canvassers, itinerant merchants,
and transient vendors of merchandise. The term “peddler”
as used herein shall not include the agent or representative of any
jobber or wholesaler calling on customers on a regularly established
route.
(Ordinance adopted 7/13/87, sec.
I)
Any person violating any of the provisions of this article shall on conviction for such violation in the corporation court of the city be fined in accordance with section 1.01.009 of this code, and each day of any person, firm or corporation violating or causing same to be violated shall constitute a separate and distinct offense and shall be punishable as such. Each private residence gone in or upon in violation of this article shall constitute and be a separate and distinct offense and shall be punishable as such.
(Ordinance adopted 7/13/87, sec.
X)
Registration cards issued under this article shall not allow
the applicant or holder of such card to solicit orders for the sale
of magazines, goods, wares, services, or merchandise, or newspapers,
of any kind or character, and/or to dispose of and/or to peddle or
hawk the same, or to expose plates or films to make negatives and
to make pictures or photographs for present or future delivery, during
the Western Days Celebration. The term “Western Days Celebration”
as used in this section shall include the period of time during which
the city council by resolution grants to the Yorktown Chamber of Commerce
the exclusive authority to permit the sale of goods, wares, services,
or merchandise, of any kind or character, upon city property. It shall
be unlawful for any peddler to offer for sale any goods, wares, services
or merchandise of any kind or character upon city property during
the Western Days Celebration, except by permission of the Yorktown
Chamber of Commerce.
(Ordinance adopted 2/13/89)
It shall hereafter 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 goods, wares, merchandise, or subscriptions to
magazines or newspapers, or to expose plates or films to make negatives,
to [make] pictures or photographs for future delivery, or any article
for future delivery, unless such peddler shall first have registered
with the city secretary and shall have applied for and received from
the city secretary a registration card showing such registration and
compliance with the provisions of this article.
(Ordinance adopted 7/13/87, sec.
II)
In the application for such registration card the applicant
shall state his or her full name; his or her home address; the name
of the company, firm, or individual such applicant represents or works
for; and the merchandise or products to be sold, disposed of, peddled,
or hawked by the applicant and whether present or future delivery
will be made thereof; and if such applicant represents another individual
or company he or she must present to the city secretary satisfactory
proof of his or her authority to so represent such company, firm or
individual, and any information concerning such business relationship
that may be reasonably desired, such as his or her social security
number, etc.; and said written application shall be accompanied by
a fee in the amount established by city council to help defray the
expense of investigation and processing such application, such as
determining whether such company, firm or individual has complied
with the laws of the state in conducting said business.
(Ordinance adopted 7/13/87, sec.
III; Ordinance adopting Code)
A performance bond in the sum of one thousand dollars ($1,000.00)
will be filed with the city secretary, made payable to the city, and
valid for a period of one year from the date filed, to ensure full
performance to those transacting business with them. Said bond will
be a corporate bond of some reputable bonding company authorized to
conduct business within the state.
(Ordinance adopted 7/13/87, sec.
IV)
The applicant shall register and make application for a registration card at least seventy-two (72) hours prior to going in or upon any private residence within the corporate limits of the city for the purpose of soliciting orders for the sale of magazines, goods, wares, services, or merchandise of any kind, and/or for the purpose of disposing of and/or peddling and/or hawking the same, or to expose plates or films to make negatives and make pictures or photographs, whether for present or future delivery, unless he or she has been requested or invited to do so by the owner or owners, occupant or occupants or said private residence. Provided, however, that persons offering for sale agricultural products, meats, poultry, or other articles of food grown or produced by such persons (themselves) shall not be required to pay the fee provided for in section 4.02.032 above, but such persons shall obtain a registration card and give the information required by section 4.02.032 above to the city secretary and shall present to him satisfactory proof that they have produced or grown the products to be peddled.
(Ordinance adopted 7/13/87, sec.
V)
Within seventy-two (72) hours after an applicant has complied
with all the provisions and requirements of the preceding sections
of this article, the city secretary shall issue to the applicant a
card certifying that the applicant has complied with the provisions
of this article, providing the payment of a fee in the amount established
by city council has been paid by such applicant to the city secretary.
No fee shall be required of those persons engaging in interstate commerce.
No such card shall be issued until the applicant therefor shall have
complied with all the provisions of this article. Such card, when
issued, shall be signed by the city secretary, shall be dated as of
the date of its issuance, and shall be void three months after the
date of its issuance. Renewal cards may be obtained however in the
same manner as an original card was obtained. Any card not dated and
signed as herein required or which was issued in violation of this
section shall be void.
(Ordinance adopted 7/13/87, sec.
VI; Ordinance adopting Code)
It shall be unlawful for any peddler to go in or upon any private
residence within the corporate limits of the city unless requested
or invited to do so by the owner or owners, occupant or occupants
of said private residence, for the purpose of soliciting orders for
the sale of magazines, goods, wares, services, or merchandise, or
newspapers, of any kind or character, and/or for the purpose of disposing
of and/or peddling or hawking the same, or to expose plates or films
to make negatives and to make pictures or photographs for present
or future delivery, after three (3) months from the date of issuance
of the last registration card to such peddler. Any peddler may obtain
a renewal of his registration card as often as may be desired.
(Ordinance adopted 7/13/87, sec.
VII)
The city secretary shall issue a subsequent or renewal registration
card to each applicant therefor within seventy-two hours after such
applicant has complied with all the requirements prescribed by this
article, except that the bond required by this article need be filed
but once during each year. The same bond may be used not more than
for three successive renewal cards.
(Ordinance adopted 7/13/87, sec.
VIII)
Every peddler shall present his registration card to each owner
or occupant of any private residence called upon by such peddler immediately
upon calling on such owner or occupant unless such call was in response
to a request or invitation of such owner or occupant, and this whether
or not such owner or occupant requests such card to be presented.
(Ordinance adopted 7/13/87, sec.
IX)
