HomeMy WebLinkAboutORD 1835Y
BILL NO. 35
ORDINANCE NO. 1835
AN ORDINANCE TO REPEAL CHAPTER 4, TITLE IV, SECTIONS 1
THROUGH 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL,
STATE OF IDAHO, PERTAINING TO DOOR -TO -DOOR SALESMEN, AND
ADDING A NEW CHAPTER 4, TITLE IV, SECTIONS 1 THROUGH 11
REGARDING DOOR -TO -DOOR SALESMAN: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That Chapter 4, Title IV, Sections 1 through 11
pertaining to Door -To -Door Salesmen be repealed.
Section 2. That a new Chapter 4, Sections 1 through 11
pertaining to Door -To -Door Salesmen be added to Title IV of the
Municipal Code of the City of Caldwell, County of Canyon, Idaho,
as follows:
CHAPTER 4
DOOR -TO -DOOR SALESMEN
4 -4 -1: DEFINITIONS:
PEDDLER OR VENDOR: Any person traveling by foot, motor
vehicle or any other type of conveyance from place to place, from
house to house or from street to street, carrying, conveying or
transporting goods, wares, merchandise, food or farm products or
provisions, offering and exposing the same for sale or making
sales and delivering articles to purchasers.
4 -4 -2: LICENSE REQUIRED: It is unlawful for any person
wishing to ply his trade as defined in this Chapter to engage in
such business without first obtaining a license.
4 -4 -3: EXCEPTIONS: The provisions of this Chapter do not
apply to:
A) Any sales under court order;
B) An auction sale;
C) Traveling salespersons, commercial travelers or the like
who exclusively or primarily sell to or solicit orders for future
delivery from local retailers, local businesses, local
governments, local schools or local wholesale firms;
D) The sale of farm or garden products by the person
producing the same;
E) The sale of a newspaper subscription in which the seller
- 1 -
is a person engaged in both the delivery and sale of the
newspaper;
F) Contribution solicitation where the person being
solicited to contribute personally knows the identity of the
person soliciting the contribution, the name of the group or
organization he represents, and the nature of the services
performed or offered by the group or organization;
G) The sale of admission by local school students to a
function of their school; or fund raising or community events
sponsored by local service clubs such as Elks, Kiwanis, Boy or
Girl Scouts and etc.
H) Any political group seeking funds or membership;
I) Any solicitation of information for a telephone book or
a City Directory by a company representative;
J) A sale made pursuant to prior negotiations between the
parties at a business establishment at a fixed location where
goods or services are offered or exhibitied for sale;
K) A sale of goods, wares, merchandise and personal
property of any nature whatsoever for resale to or by a business
establishment at a fixed location where goods or services are
offered or exhibited for sale;
L) Any sales that are within the provisions provided within
the Home Occupations.
4 -4 -4: LICENSE APPLICATION: Application for a license to
be issued under the provisions of this chapter shall be made to
the Clerk and shall contain a statement concerning the type of
business contemplated.
4 -4 -5: LICENSE FEE: A license fee shall be paid of Ten
Dollars ($10.00) per day, One Hundred Dollars ($100.00) per
month, or Five Hundred Dollars ($500.00) per year per person.
4 -4 -6: BOND REQUIRED: Every applicant shall file with the
City Clerk a surety bond running to the Municipality in the
amount of One Thousand Dollars ($1,000.00) with the surety
acceptable to and approved by the Mayor, conditioned that the
said applicant shall comply fully with all provisions of this
Chapter.
4 -4 -7: EXHIBITION OF LICENSE: The license shall be
- 2 -
3
i
exhibited in a conspicuous place if the licensee is using a
vehicle or a building in his business and otherwise must be kept
by the person and exhibited at any time upon request.
4 -4 -8: LOCATION RESTRICTIONS: No licensee shall have any
exclusive right to any lcoation in a public street or right of
way, nor shall he be permitted to conduct his business in any
congested area where his operations might impede or inconvenience
the public. The judgment of a Police Officer is deemed
conclusive as to whether the area is congested or the public
impeded or inconvenienced. No business activity shall be carried
on in any area of the City by any licensee where such business
activity is prohibited by the City zoning code. No licensee
shall be permitted to conduct his business or trade in or on any
City Park, City building or adjacent grounds without permission
of the Parks and Recreation Director and /or the Mayor.
4 -4 -9: When the applicant proposes to peddle any food or
product for human consumption, certification by the Southwest
Health District is reuqired prior to issuance of a license.
4 -4 -10: UNLAWFUL CONDUCT: No licensee shall:
A) Misrepresent the purpose of solicitation;
B) Misrepresent the affiliation of those engaged in
the solicitation;
C) Continue efforts to solicit from a person once that
person informs the solicitor that he does not wish to give
anything to or to buy anything from that solicitor;
D) Represent the issuance of any license under this
Chapter as an endorsement or recommendation of the solicitation;
E) Enter upon any premises when the same is posted
with a sign stating "No Peddlers Allowed" or "No Solicitation
Allowed" or others words to such effect;
F) Knowingly make any false statement on an
application for a license.
4 -4 -11: REVOCATION OF LICENSE: The Council has the power
to revoke any license granted in accordance with this Chapter for
any of the following causes:
A) Fraud, misrepresentation or false statement
contained in the application for license;
- 3-
B) Fraud or misrepresentation or false statement made
in the course of conducting the business or trade;
C) Any other violation of this Chapter;
D) Conviction of any crime or misdemeanor involving
moral turpitude;
E) Conducting business in an unlawful manner or in
such a manner as to constitute a breach of the peace or to
constitute a menace to the health, safety or general welfare of
the public.
Section 3. All ordinances or parts of ordinances
inconsistent herewith are hereby repealed.
Section 4. This ordinance shall be in full force and effect
from and after its passage, approval, and publication according
to law.
PASSED BY THE CITY COUNCIL of the City of Caldwell this 6th
day of November , 1989.
APPROVED BY THE MAYOR of the City of Caldwell this 6th day
of November , 1989.
i 01P
L
ATTEST:
City Clerk
- 4 -