The practice of going upon private property or calling at residences within the City of Yamhill, Oregon, by solicitors, canvassers, peddlers, hawkers, barterers, itinerant merchants, and/or transient vendors of merchandise or service, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private property or residents, for the purpose of soliciting orders for the sale of goods, wares, merchandise, service, or any other article or thing, and/or for the purpose of disposing of and/or peddling, hawking, or bartering the same, or for stopping in streets or byways within said City for such purpose, is hereby prohibited without a license and is declared to be a nuisance, and, as such nuisance to be punishable as a misdemeanor.
(Ord. 376 §1, 1986; Ord. 435 §1, 1998)
The provisions of Section 8.12.010 shall not apply to or be enforced against sales and/or soliciting or orders for the sale of farm products produced or raised by the owner or operator of the farm upon which it was produced or raised and which farm is located adjacent or reasonably near to the City of Yamhill; nor shall they apply to the soliciting of funds or commodities by our public schools, or by authorized representatives of the Red Cross, the Salvation Army, the March of Dimes, Boy Scouts, Girl Scouts, Christmas seal sales, or other recognized charitable organizations, which representatives shall first register with the City Recorder and/or Police Chief, providing their name, address, the name and address of the organization they represent, and the length of duration of the organization's soliciting of funds or commodities.
(Ord. 376 §2, 1986; Ord. 435 §1, 1998)
(A) 
Applications for licenses required by this chapter, shall be accompanied by the fees. In the event that a license application is denied, the fee which accompanied the applications shall be refunded. No refund shall be made of any portion of a license fee because of suspension, revocation, or non-use.
(B) 
There shall be no pro-ration for partially utilized licenses.
(Ord. 376 §5, 1986; Ord. 435 §1, 1998)
Application for all licenses required by this chapter shall be made to the City Recorder on forms prescribed by the Recorder. The application forms shall provide for information necessary to determine the identity and address of the applicant and of the owner of any business, activity or device to be licensed and shall provide for such other information as to make a review under Section 8.12.050 possible. The application shall be signed by the applicant.
(Ord. 376 §6, 1986; Ord. 435 §1, 1998)
The City Recorder shall refer each application to any persons, departments or agencies designated by this chapter to review it. When an application is submitted for a business which is of a nature not previously licensed in the City, the City Recorder shall forward the application to the Council for review. In reviewing the qualifications of an application, the following shall be considered when appropriate:
(A) 
Conformity of the proposed activity or device with this chapter and with State and Federal law.
(B) 
Applicant's ability to perform a licensed activity which requires special knowledge or skill.
(C) 
Financial responsibility of applicant to protect against losses to members of the public resulting from the licensed activity.
(D) 
Unreasonable dangers to public health, safety, or property which may result from the proposed activity or device.
(E) 
Past violations of laws or ordinances.
(F) 
Other considerations specifically required by this chapter.
(Ord. 376 §7, 1986; Ord. 435 §1, 1998)
The persons, departments, agencies, and boards and commissions designated to review license applications may require the applicant to supply information necessary to determine the applicant's qualifications in accordance with Section 8.12.050. The failure of the applicant to provide and supply sufficient information or additional information to enable a determination on the applicant's qualifications under this chapter shall constitute a basis for denial of a license pursuant to Section 8.12.090.
(Ord. 376 §8, 1986; Ord. 435 §1, 1998; Ord. 491 §7, 2011)
Any person believing his/her license fee to be inequitable may petition to the City Council to reconsider and make appropriate recommendations.
(Ord. 376 §9, 1986; Ord. 435 §1, 1998)
After receipt of reports from all persons, departments, and agencies designated to review an application, the City Recorder shall determine whether the applicant qualifies for issuance of a license. If the applicant so qualified, the Recorder shall issue the license.
(Ord. 376 §10, 1986; Ord. 435 §1, 1998)
If, on the basis of the application review under Section 8.12.050, the City Recorder determines that the applicant does not qualify for the issuance of a license, the recorder shall notify the applicant in writing that the application has been denied. The notice shall state the reason for denial and inform the applicant of the provisions of this chapter providing the appeal to the City Council.
(Ord. 376 §11, 1986; Ord. 435 §1, 1998)
Upon a determination that a licensed activity or device presents an immediate danger to life, limb, or property, the City Recorder may suspend a license at once. The suspension shall take effect immediately upon notice being received by the licensee. In addition to any other form of notice employed, a notice shall be mailed to the licensee which shall state the reason for suspension and inform the licensee of the provisions of this chapter providing for his/her right of appeal to the Council. The Recorder may continue a suspension so long as the reason for the suspension exists or until other disposition is made by the City Council.
(Ord. 376 §12, 1986; Ord. 435 §1, 1998)
An applicant whose application has been denied, or a licensee whose license has been suspended, shall have 10 days from the date notice of denial or suspension is mailed to appeal to the Council. An appeal shall be made by delivery of a notice of appeal to the City Recorder. The Recorder shall notify the appellant of the time and place at which the Council will hear the appeal. The decision of the Council shall be final.
(Ord. 376 §13, 1986; Ord. 435 §1, 1998)
The City Recorder/Chief of Police of the City of Yamhill is hereby directed and required to abate and suppress any such nuisance as is described in this chapter.
(Ord. 376 §15, 1986; Ord. 435 §1, 1998)
(A) 
Any violation or infraction of this chapter will be punishable upon conviction as a violation in accordance with Chapter 1.36 of this code.
(B) 
The penalties imposed by this chapter are not exclusive and are in addition to any other remedies available under City ordinance or State statute.
(Ord. 376 §16, 1986; Ord. 435 §1, 1998; Ord. 445 §25, 1998)
All provisions of this chapter are severable. It being the intent of the City Council to enact this chapter, notwithstanding any parts declared invalid or unconstitutional, if any section, subsection, paragraph, or provision of this chapter is so declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect or invalidate the remaining portions of this chapter.
(Ord. 376 §17, 1986; Ord. 435 §1, 1998)