[4-28-2008 by Ord. No.
1290; 2-23-2009 by Ord. No. 1298]
(a) General. Peddlers/solicitors are authorized to engage in peddling/soliciting
their product/service in the public areas of the City, except where
otherwise prohibited, upon receipt of a license. The City Manager,
or his or her designee, shall have the right to designate such streets,
sidewalks, districts or areas wherein it shall be unlawful for any
licensee to conduct or operate his/her business. Such designation
can be made for reasons of congested pedestrian/vehicular traffic
conditions, the character of the neighborhood or if the conduct of
such business constitutes a public nuisance. All traffic and parking
regulations must be adhered to.
(b) License period. The period shall be determined by the amount of the
license fee paid.
(c) Prohibitions. Peddlers/solicitors are prohibited from the following:
(1)
Obstructing any street, alley, sidewalk or driveway, except
as may be necessary and reasonable to consummate a sale or take orders;
selling to persons standing in roadways, to vehicles at red lights
and to vehicles in moving traffic lanes; engaging in business on any
state trunk line highway or county road within the City; engaging
in peddling/soliciting after having been requested to desist by any
authorized officer because of congested or dangerous traffic conditions.
(2)
Remaining, bartering, selling, offering or exposing for sale
any product/service in front of or at the side of any property against
the wish or desire of the property owner/tenant/occupant of such property
or within 500 feet of the entrance to any school building while school
is in session.
(3)
Entering a private residence under pretenses other than for
peddling/soliciting or remaining in a private residence or on the
premises after the owner or occupant has requested any such person
to leave; going in a private residence when the owner/occupant has
displayed a no peddling/soliciting sign on such premises; peddling/soliciting
at a private residence prior to 9:00 a.m. or after 9:00 p.m.
(4)
Peddling/soliciting on a street or within an area which has
been closed by the City for an art fair, street fair or other special
event, except with permission from the City or the special event organizer.
(5)
Placing a vehicle, which is being used to make sales from, more
than 12 inches from the curb or not parallel to the curb and not departing
from such place as soon as the sale or order has been completed with
customers actually present unless they are designated as a removable
stand.
(6)
Peddling/soliciting the sale of food or beverages within a park
in which the City has entered into a specific park license agreement
to sell food or beverages from a specific fixed location unless peddling/soliciting
the sale of a noncompeting product and approved by the Special Events
Committee.
(d) Removable stands. Licensee may sell products from a removable stand
on public property without the necessity of moving from place to place
under the following conditions:
(2)
The operation of removable stands shall be such as to not unreasonably
interfere with the use of the sidewalks, streets or other public areas
by the public, congest or impede traffic or endanger persons or property
of pedestrians or others using the same. Removable stands must be
relocated if an authorized officer requests licensee to move from
a location because of physical damage to the property by the peddler's
operations, congestion, dangerous traffic conditions or it impedes
the ability of City staff to maintain the surrounding public area.
(3)
Removable stands cannot be placed in the street, occupy a public
parking space, be placed in the public area in front of or adjacent
to a private residence, nor within 300 feet of an established competing
business unless the licensee has within his/her possession written
approval from the owner or manager of such established competing business
to locate the removable stand within 300 feet of such business.
(4)
Placement of removable stands shall not cause damage to public
property, and licensee shall be liable if any such damage occurs due
to the operation of their business.
(5)
Removable stands must be attended to by licensee at all times.
(6)
No peddler/solicitor will be granted exclusive rights to a specific
location under the provisions of this article.
(e) Exemptions from fees only. Any established business which sells a product/service at a permanent location within the City, or is a veteran or exempt organization (as defined in §
12-382) shall be exempt from payment of licensing fees only. All other provisions of this article apply.
(f) Other exemptions. The following shall be exempt from this division
in its entirety:
(1)
Newspaper salespersons or delivery persons.
(2)
Persons traveling on an established route at the request, expressed
or implied, of their customers.
(3)
Salespersons calling on business establishments.
(4)
Any persons under 18 years of age when engaged in peddling on
foot in the neighborhood of their residence under the direct supervision
of any school or recognized charitable or religious organization.