[Adopted 7-1-2002 by Ord. No. 1737]
As used in this article, the following terms
shall have the meanings indicated:
Any tangible or intangible item for sale, including but not
limited to food items, magazine or newspaper subscriptions, satellite
dishes, clothing items, furniture, jewelry, stocks, securities, etc.
Any person, whether or not a resident of the City of Kalamazoo,
traveling by foot, wagon, motorized vehicle or other type of conveyance,
who engages in the business or activity of selling goods from door
to door, place to place, or street to street in the City of Kalamazoo.
"Peddler" shall also include a person who solicits services to be
performed, or who solicits orders for goods and as a separate transaction
makes deliveries to purchasers.
An individual. If a person applying for a peddler's license
is employed by or acting on behalf of a firm, association, company
or corporation or other entity, the firm, association, company, corporation
or entity and its employees, partners, officers or agents that are
engaged in the activity to be licensed or in supervising the same
shall be bound by the requirements of this chapter to the same extent
as the person receiving the license.
The sale or attempted sale of any goods or services, which
includes the taking of orders for goods or services to be delivered
later.
A.
It shall be unlawful for any peddler or other person
to sell any goods in any manner on or in any public building, park,
alley, sidewalk, curb or curb lawn in the City of Kalamazoo or on
any private property that prohibits solicitation or peddling, or when
the peddler or other representative of the firm, association, company
or corporation or other entity employing or utilizing the services
of the peddler has been banned from any property.
B.
No peddler shall sell any food item unless their wagon,
motorized vehicle or other type of conveyance or other instrumentality
for storing or carrying the food item is in a clean and sanitary condition.
It shall be unlawful for any peddler to sell any food that is not
fit for human consumption.
C.
No peddler shall sell their goods or stop or park
their wagon, motorized vehicle or other type of conveyance for the
purpose of selling their goods in any one place on a street for a
period of longer than five minutes, nor in any one block for a period
of longer than 15 minutes, nor, having canvassed any one block, return
to such block for the purpose of selling his goods on the same day.
Provided, however, that no peddler shall obstruct traffic at any time,
and peddlers must obey all commands of public safety officers.
D.
No peddler shall sell their goods or stop or park
their wagon, motorized vehicle or other type of conveyance for the
purpose of selling their goods within 300 feet of any church or place
or worship when services are being held, or within 1/2 hour of the
beginning or end of such services. No peddler shall sell their goods
or stop or park their wagon, motorized vehicle or other type of conveyance
for the purpose of selling their goods within 300 feet of any school
that is in session, or within 1/2 hour of the beginning or end of
a school session.
E.
No peddler shall stop or park their wagon, motorized
vehicle or other type of conveyance the purpose of selling their goods
within 50 feet of the corner of any street intersection in the City
of Kalamazoo, nor at any other place that the City Commission shall
designate by motion or resolution.
F.
No peddler shall sell any goods that are stolen or
when the peddler otherwise does not have the right to sell the goods.
No peddler shall sell any faulty or defective goods, or any goods
that have the serial number removed, or goods that are not as advertised
or represented thereon.
G.
No peddler shall conduct business in a manner as to
constitute a breach of the peace, or conduct business while intoxicated
or under the influence of a controlled substance.
H.
Peddlers may only engage in door-to-door peddling
during daylight hours, but in any event not before 9:00 a.m. and not
after 8:00 p.m.
