ORDINANCE
2003_102
AN
ORDINANCE LICENSING AND REGULATING PEDDLERS, SOLICITORS, AND TRANSIENT
MERCHANTS AND PROVIDING PENALTIES FOR VIOLATIONS WITHIN THE CITY OF
THE
CITY OF
SECTION
1.DEFINITIONS.For
the purposes of this Ordinance the terms defined in this section have the
meanings ascribed to them.
Subd.
1.APeddlers@means
any person or organization who goes from house to house, from place to
place, or from street to street, carrying or transporting goods, wares,
merchandise or services, and offering or exposing the same for sale, or
making unsolicited sales and deliveries to purchasers.
Subd.
2.ASolicitor@
means any person or organization who goes from house to house, from place
to place, or from street to street soliciting or taking or attempting to
take orders for any goods, wares, merchandise, or services, including books,
periodicals, magazines, or personal property of any nature whatsoever for
future delivery.
Subd.
3.ATransient
merchant@
means any person, firm or corporation who engages temporarily in the business
of selling and delivering goods, wares, merchandise or services within
the City, and who, in furtherance of such purpose, hires, leases, uses
or occupies any building, structure, vacant lot, motor vehicle or trailer.
SECTION
2.LICENSE REQUIRED.No
peddler, solicitor or transient merchant shall sell or offer for sale any
goods, wares, merchandise or services within the City unless a license
therefore shall first be secured as provided in this ordinance.
SECTION
3.APPLICATION AND ISSUANCE.Application
for such license shall be made to the City Clerk on a form supplied by
the City.The application shall state:
1. the
name and address of the applicant and of all persons associated with him
in his
business;
2.the
type of business for which the license is desired;
3.in
case of transient merchants, the place where the business is to be carried
on;
4.the
length of time for which the license is desired;
5.the
general description of the thing or things to be sold;
6.the
places of residence of the applicant for the five years preceding the date
of
SECTION
4.REVOCATION.Any
license may be revoked by the Council for a violation of any provision
of this ordinance if the licensee has been given a reasonable notice and
an opportunity to be heard.
SECTION
5.PRACTICES PROHIBITED.No
peddler, solicitor, or transient merchant shall call attention to his business
or to his merchandise, by crying out, by blowing a horn, by ringing a bell,
or by any loud or unusual noise.
SECTION
6.EXCLUSION
OF PEDDLERS OR SOLICITORS.Any
resident of the City who wishes to exclude peddlers or solicitors from
premises occupied by him may place upon or near the usual entrance to such
premises a printed placard or sign bearing the following notice:ANo
Solicitation Allowed@.
No
peddler or solicitor shall enter in or upon any premises or attempt to
enter in or upon any premises, where such placard or sign is placed and
maintained.
No
person other than the person occupying such premises shall remove, injure
or deface such placard or sign.
SECTION
7.PENALTY At
the discretion of the City any person who violates any provision of this
ordinance is guilty of a misdemeanor and upon conviction shall be punished
by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding
90 days, or both, plus in either case, the costs of prosecution.Such
penalty may be imposed in addition to any other legal or equitable remedies
available to the City especially those set forth in the administrative
fines and fees ordinance 1996-70.
SECTION
8.REPEAL OF INCONSISTENT ORDINANCE.Any
Ordinances within the City of
SECTION
9.SEVERABILITY.In
the event that a court of competent jurisdiction adjudges any part of this
Ordinance to be invalid, such judgement shall not affect any other provisions
of this Ordinance not specifically included within the judgment.
Voting
NAY: Councilpersons .
Whereupon
said Ordinance was declared passed and adopted this ____ day of December,
2003.
CITY
OF
By
Thomas
Carr
Its
Mayor
ATTEST:
Barb
Bartholdi, City Clerk
Published
in the Stillwater Gazette this ____ day of December, 2003.