For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:
ITINERANT VENDOR:
Any person who transports tangible personal property for retail sale within the city who does not maintain in the state an established office, distribution house, sales house, warehouse, service center or residence from which such business is conducted; provided, however, this term shall not include any person who delivers tangible personal property within the city who is fulfilling an order for such property which was solicited or placed by mail or other means. It shall be prima facie evidence that a person is an "itinerant vendor" if the person does not transact business from a fixed location or if the person does not own, or lease for a term of at least six (6) months, the property from which business is conducted.
LICENSED SOLICITOR AND LICENSED PEDDLER:
Means and includes any person who has obtained a valid license to engage in the act of soliciting or peddling as herein provided, where such license is in the possession of, and on the person of, the person soliciting or peddling during all soliciting or peddling.
PEDDLER:
A person engaged in the act of "peddling" as defined in this chapter.
PEDDLING:
Selling or offering for sale, barter or exchange at retail any goods, wares, merchandise or services of any kind whatsoever by traveling from place to place along the streets of the city or from residence to residence therein, but shall not include solicitation or canvassing for future delivery. The term "peddling" as used in this chapter, includes the activities of an "itinerant vendor" or "transient merchant" as defined in this chapter.
RESIDENCE:
Means and includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING:
Means and includes any one or more of the following activities:
 
A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, insurance, or services of any kind, character or description whatever, for any kind of consideration whatever, all for future delivery; provided, however, that vendors seeking to obtain subscriptions to books, periodicals, or newspapers shall not be deemed to be soliciting, and such activities are not regulated by this chapter.
 
B. Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation, or project.
SOLICITOR:
A person engaged in the act of "soliciting" as defined in this chapter.
TRANSIENT MERCHANT:
Any person who is engaged temporarily in the retail sale of goods, wares or merchandise in the city and who, for the purpose of conducting such business, occupies any building, room, vehicle, structure of any kind, or vacant lot; provided, however, this term does not include any person selling goods, wares or merchandise which are raised, produced or manufactured by him, to any person selling vegetables, fruit or perishable farm products at an established city market, to any person operating a store or refreshment stand at a resort, or to any person operating a stand or booth on or adjacent to property owned by him or upon which he resides. It shall be prima facie evidence that a person is a "transient merchant" if the person does not transact business from a fixed location or if the person does not own, or lease for a term of at least six (6) months, the property from which business is conducted.
(Ord. 720, 5-9-2005)
A. 
License Required: Prior to soliciting or peddling within the city from persons in residences or from any business, office or manufacturing facility, for gifts or contributions of money, clothing or other valuable thing except for the support or benefit of any religious, charitable or nonprofit association, organization, corporation or project, all persons desiring to engage in such soliciting or peddling shall first obtain a license from the city as set forth in this chapter.
B. 
Application For License:
1. 
Application Form; Oath: Application for a license shall be made upon a form provided by and filed with the city clerk-treasurer. The applicant shall state, under oath, such information requested on the application form as is required by the provisions of this chapter and such other relevant information as determined by the city clerk-treasurer.
2. 
Criminal History And Background Checks: In addition to furnishing the completed application form as required by subsection B1 of this section, license applicants shall also provide a copy of a valid driver’s license or picture ID for identification purposes, and shall complete an authorization to release information form allowing police department to conduct necessary background checks. Applicants may also be required to submit to fingerprinting or palm scanning by the police department, in connection with the license application.
C. 
Prohibited Licensees: No license shall be issued:
1. 
To anyone seeking to solicit or peddle for a religious, charitable or nonprofit association, organization, corporation or project unless such charity or nonprofit group is specifically approved in advance by the city council which may waive requirement of individual registration and fees if a list of names and addresses of individuals to be involved are supplied to the city clerk-treasurer; or
2. 
To any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States, within five (5) years of the date of the application; or
3. 
To any person who has been convicted of a violation of any of the provisions of this chapter or to any person whose license issued hereunder has previously been revoked as herein provided unless specifically approved by the city council.
D. 
Fees: A forty five dollar ($45.00) license fee shall be paid at the time of filing the application.
E. 
Issuance Or Denial Of License; Contents Of License:
1. 
Denial: After consideration of the application and all information obtained relative thereto, the mayor or the mayor’s designee shall deny the application if the applicant does not possess the qualifications for such license as herein required. Endorsement shall be made upon the application of its denial.
2. 
Issuance: When the applicant is found to be fully qualified, the license shall be issued by the mayor or the mayor’s designee. Each license issued under this chapter shall contain the name of the licensee and the license expiration date.
3. 
Time Limit For Action Upon Receipt Of Completed Application: All completed applications for a license under this chapter shall be acted upon by the mayor or the mayor’s designee within fifteen (15) days after receipt of the completed application.
4. 
License Term And Expiration: Each license issued under this chapter shall be valid for one year from the date of issuance, unless sooner revoked or otherwise invalidated. In no event shall any license issued pursuant to this chapter be valid for more than one year from the date of issuance.
F. 
Revocation Of License: Any license issued hereunder may be revoked by the mayor if the holder of the license is convicted of a violation of any of the provisions of this chapter, or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a license under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the mayor to the holder of the license in person or by certified U.S. mail addressed to his or her address set forth in the application. Immediately upon the giving of such notice of revocation, the license shall become null and void.
G. 
Records Kept: The city clerk-treasurer shall cause to be kept an accurate record of every application received and acted upon together with all other information and data pertaining thereto and of all licenses issued under this chapter, and of the denial of applications. License applications shall be numbered in consecutive order as filed, and every license issued, and any renewal thereof, shall be identified with the duplicate number of the application upon which it was issued.
(Ord. 724, 5-23-2005)
The owner or occupant of any residence who desires to forbid trespasses by solicitors or peddlers, or unlicensed solicitors and peddlers, may attach or exhibit upon or near the main front door, and the main rear or side door (if any, and if to be protected), a card or plaque clearly and legibly stating such of the following as may be appropriate, in letters at least one-third inch (1/3") in height:
SOLICITORS AND PEDDLERS NOT INVITED
or
SOLICITORS AND PEDDLERS NOT INVITED UNLESS LICENSED WITH THE CITY
(Ord. 724, 5-23-2005)
A. 
It shall be unlawful for any person to enter upon any property of another in the city after receiving, immediately prior to such entry, notice from the owner or occupant that such entry is forbidden, or to remain upon the property of another after receiving notice from the owner or occupant to depart.
B. 
A person shall be deemed to have received notice from the owner or occupant within the meaning of this chapter if he has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry has been conspicuously posted at the main entrance to said property or the forbidden part thereof.
C. 
Any solicitor or peddler who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
D. 
All solicitors or peddlers shall display their licenses at the request of any law enforcement officer or any person solicited by the solicitor or peddler.
(Ord. 720, 5-9-2005)
A. 
Uninvited Soliciting Or Peddling Prohibited: Any person soliciting or peddling who is forbidden entry by notice given in compliance with this chapter shall be deemed guilty of remaining on the property after receiving notice to depart if he shall remain on the property, or if he shall ring the doorbell or knock or create any sound calculated to attract the attention of the occupant.
B. 
Exemptions: Notices exhibited pursuant to this chapter shall not be deemed applicable to and shall not prevent access to residential property by a solicitor or peddler who has received prior invitation, written or oral, from the owner or occupant thereof.
(Ord. 720, 5-9-2005)
It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in "soliciting" or "peddling" as herein defined on any calendar day prior to nine o’clock (9:00) A.M. or after nine o’clock (9:00) P.M.
(Ord. 720, 5-9-2005)
Nothing in this chapter shall be interpreted or enforced to deprive any person of any rights guaranteed under the constitution of the state of Washington or the United States.
(Ord. 720, 5-9-2005)
A. 
Coordination With Statute: The provisions of this chapter shall not apply to the extent that its application would violate the provisions of Revised Code of Washington 36.71.090 and chapter 73.04.
B. 
Coordination With City Regulations: To the extent that any of the soliciting or peddling activities described in this chapter are subject to regulation and taxation under title 4, chapter 1, and article A of chapter 1, of this code, persons engaging in such activities must also meet the applicable requirements of said chapter and article in addition to those set forth in this chapter. Unless otherwise required by law, persons licensed under this chapter shall be entitled to engage in the activities permitted by this chapter without also obtaining a business license under title 4, chapter 1, article A of this code.
(Ord. 724, 5-23-2005)
A. 
Violation; Penalty: Any person, firm or corporation who shall be found guilty by a court of competent jurisdiction of violating any provision of this chapter or of failing to comply with any requirement hereof, or of violating any permit, any approval, or any directive issued under the provisions of this chapter, shall be punishable as provided in section 1-4-1 of this code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
Reimbursement Of Costs: Any person, firm or corporation who shall be found guilty by a court of competent jurisdiction of violating a provision of this chapter or of failing to comply with any requirement hereof, or of violating any certificate, any approval, or any directive issued under the provisions of this chapter, shall, in addition to the fines provided, be obligated to reimburse the city for its attorney fees, court costs, court reporter costs, and expert witness fees, and all other out of pocket costs incurred by the city in the prosecution of the said violation or violations.
C. 
Injunctive Relief: The city may make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with this chapter.
(Ord. 720, 5-9-2005)