HomeMy WebLinkAboutORD 2880BILL NO. 21
ORDINANCE NO. 2880
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 6, ARTICLE 5, SECTION 06- 05 -01, PERTAINING TO THE DEFINITION
OF A "PEDDLER" OR "VENDOR "; AMENDING CHAPTER 6, ARTICLE 5, SECTION
06- 05 -10, RELATING TO CIRCUMSTANCES WHICH WOULD DISQUALIFY AN
APPLICANT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS
AND PARTS THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED, by the Mayor and City Council of the City of Caldwell, County of
Canyon, State of Idaho:
Section 1: That Chapter 6, Article 5, Sections 06 -05 -01 and 06 -05 -10 of the Caldwell City
Code are amended as follows:
06- 05 -01: DEFINITION:
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 or any services for sale or making sales and delivering articles to purchasers,
or gathering information by survey, or other means, with the intent that such information will or
may be used for subsequent contact with the consumer concerning the sale of any wares,
merchandise, food or farm products or provisions, r any services This Article shall not apply
to those persons who leave flyers, pamphlets or handbills advertising goods or services and
inviting contact from the intended consumer, but who do not make direct contact with the
potential consumer.
Section 2: That Chapter 6, Article 5, Section 06 -05 -10 of the Caldwell City Code is amended
as follows:
06- 05 -10: INVESTIGATION OF APPLICANT:
(2) No person shall be issued a license when that person:
b Is required to register as a sex offender, ursuant to the Sexual Offender
Re ,istration Notification and Community Right -to -Know Act, Idaho Code§ 18 -8301, et
PAGE —1
se g., and/or the Juvenile Sex Offender Registration Notification and Community Right-
to-Know Act Idaho Code § 18 -8401, et aM
(c) Has ever been convicted of or pled guilty to any violent felony offense,
including, but not limited to aggravated assault aggravated battery, robbery, homicide
aggravated arson, kidnapping, stalking, rape or any felony of a sexual nature.
(bd) Has been, within five (5) years prior to the date of making application for
such license, convicted of, paid any fines, been placed on probation, received a deferred
sentence, received a withheld judgment, completed any sentence of confinement, or
suffered the forfeiture of a bond for any felony;
(ce) Has been, within five (5) years prior to the date of making application for
such license, convicted of, paid any fine, been placed on probation, received a deferred
sentence, received a withheld judgment, completed any sentence of confinement, or
suffered the forfeiture of a bond for any misdemeanor, involving:
5. Possession of a concealed weapon;
6. Illicit sexual, lewd or obscene activity or materials, including, but not
limited to, violations of Idaho Code §§ 18 -919, 18 -1515, 18 -4103 through 4105,
or 18- 4116:;
7 Stalking, telephone harassment, or violations of protection orders or do
not contact orders, o
8. Contributing to the delinquency of a minor.
(df) Has, at the time of such application an outstanding warrant;
(eg) Has had a similar license revoked by the city or any other city of this state or
of the United States within the preceding five (5) years.
Section 3: This ordinance shall be in full force and effect from and after its passage,
approval, and publication, according to law.
Section 4: This ordinance is hereby declared to be severable. If any portion of this ordinance
is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue
in full force and effect and shall be read to carry out the purposes of the ordinance before the
• declaration of partial invalidity.
PAGE - 2
Section 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby
repealed, rescinded and annulled.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this day of
2011.
A PR ED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this �� ay
off, 2011
i2u s
V� �( " ATTEST:
Mayor Garret L. Nancolas
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO. 2880
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
6, ARTICLE 5, SECTION 06- 05-01, PERTAINING TO THE DEFINITION OF A "PEDDLER"
OR "VENDOR"; AMENDING CHAPTER 6, ARTICLE 5, SECTION 06- 05 -10, RELATING TO
CIRCUMSTANCES WHICH WOULD DISQUALIFY AN APPLICANT; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT
HEREWITH.
Sections 1 and 2: Amends Chapter 6, Article 5, Sections 06 -05 -01 and 06 -05 -10 of the Caldwell City
Code, pertaining to the definition of a "Peddler" or "Vendor", clarifies that anyone required to register as
a sex offender is prohibited from obtaining a peddlers license; provides that anyone who has been
convicted of or pled guilty to any violent felony offense or any felony of a sexual nature is forever barred
from obtaining a peddlers license; and, sets forth additional detail concerning the types of misdemeanor
offenses which will disqualify an applicant from licensure as a peddler for a five year period.
Sections 3 through 5: Provides that this ordinance shall be in full force and effect from and after its
passage, approval, and publication, according to law; provides for severability; Repeals conflicting
ordinances, resolutions and orders.
Ordinance No. 2880 provides an effective date, which shall be when published in the Idaho Press Tribune
on the 8' day of August, 2011, Ordinance No. 2880 was passed by the Council and approved by the
Mayor on the I' day of August, 2011. The full text of the Ordinance is available at Caldwell City Hall,
621 E. Cleveland Blvd., Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing
summary on the I" day of August, 2011, for publication on the 8' day of August, 2011, pursuant to Idaho
Code § 50 -901 A.
Mayor Garret L. Nancolas
ATTEST: Debbie Geyer, City Clerk
STATEMENT OF LEGAL ADVISOR
I have reviewed the foregoing summary and believe
that it provides a true and complete summary of Ordinance
No. 2880 and provides adequate notice to the public as to
the contents of such ordinance.
DATED this I" day of August, 2011
k Hilty, Attorney for City of Caldwell