8.1 Peddlers & Solicitors CITY OF SALINA
REQUEST FOR COMMISSION ACTION DAZE ZIME
4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. 8 AGENDA:
City Clerk
ITEM
NO. 1 and la
BY: ~ BY:
Item
Second reading Ordinanee Number 96-9740 amending Chapter 9,8 of the Salina
Code regarding Peddlers and Solicitors.
Baek~round
This ordinance was brought before the City Commission for First reading on May
13, 1996. It was approved for first reading at that time. Sinee then, no
comments have been received.
Section 28-9 has been amended to read 'annual license fee' so it could not be
assumed that it was a one time fee but must be renewed annually.
Section 9,8-13 has been amended to require an annual inspection of each vehicle
used by the licensee. It was also added that if any vehicle was inspected
within 90 days prior to renewal a new inspection was not required.
Along with the second reading of the ordinance, Resolution Number 96-5012
needs to be considered by the Commission. This resolution amends the
Comprehensive Fee Schedule to add the licensing fees for lee Cream Vendors.
The recommended fee for each company is $25.00 per year, plus $10.00 per
year for each vehicle.
Reeommendation
1. Adopt Ordinance Number 96-9740.
2. Adopt Resolution Number 96-501fi.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
(Published in The Salina Journal . 1096)
ORDINANCE NUMBER 96-9740
AN ORDINANCE AMENDING CHAPTER 28 OF THE SALINA CODE
REGARDING PEDDLERS AND SOLICITORS; AND REPEALING THE EXISTING
CHAPTER 28.
BE IT ORDAINED by the Governing Body of the City of Salina. Kansas:
Section 1. That Chapter 28 of the Salina Code is hereby amended to read as lbllows:
"CHAPTER 28. PEDDLERS AND SOLICITORS
DIVISION 1. GENERALLY
Section 28-1 Definitions
( ! ) Goods - Shall mean any goods, wares, lbodstufi~, merchandise or services offered for sale~
whether 07' not displayed. This does not include frozen dairy and non-dai~w desserts oftkred for sale
by Ice cream street vendors.
(2) Ice Cream Street Vendor- Shall mean a person who travels by' an5' type, of vehicle, e~nc~"'
motorized or not, upon the improved portion of any street, selling or offering fbr sale any single-
serving f?ozen dairy or non-dairy dessert.
(3) Peddler. Solicitor 07' Canvasser - Shall mean a person, whether a resident of the city or
x.~hose business or trade is mainly or principally carried on by traveling either by Ibot or vehicle
place to place, house to house, or street to street, of Ikring goods for sale or attempting to take orders
lbr goods. This does not include Ice cream street vendors or businesses temporarily located on
private property who are required to obtain a Tempory use permit.
DIVISION 2. PEDDLERS, SOLICITORS AND CANVASSERS
ARTICLE I. LICENSE
Section 28-2. Licensing
It is un!awfu! tbr any person to act as a peddler, solicitor or canvasser, as defined by Section 28- I.
without first having obtained a license as provided by this division.
Section 28-3. Application
Belbre thc (._:i~,~ shall issue any license required by this division, the proposed licensee must complete
an application supplied b) the City Clerk.
Section 28-4. License fee
The license fee, as prescribed in Section 2-2, shall be paid at the time the application is submitted
to the City Clerk's Office. The liae shall be refunded if no license is issued.
ARTICLE II. OPERATING RE(;ULATIONS
Section 28-5. Invitation reqnired
(1) 'i'he practice of going in and upon private premises in the city by Peddlers, Solicitors ~'
Canvassers, not having been requested or invited to do so by the owner or occupant oi' the private
residences, tbr the purpose of the sale of goods or to solicit orders for the sale of goods is hereb?
declared to be a nuisance and punishable as such nuisance as a misdemeanor,
(2) The Chief of Police and police fbrce are hereby required and directed to suppress the same
and to abate any such nuisance as is described in this section.
Section 28-6. Sales from vehicles on improved public streets.
It shall be unlawfi~l !bt any person to solicit, peddle, hawk, vend, barter, sell or oiler for sale
any goods, wares beverages, !hod products or other mechandise fi'om any vehicle while the vehicle.
is located upon the improved portion of any street, avenue, boulevard or alley within the City. This
section shall not apply to the following:
(a) The delivery of previously ordered merchandise,
(b) The sale of icc cream from vehicles regulated under Division 3 ofthis Chapter.
DIVISION 3. ICE CREAM STREET VENDORS
ARTICLE Il. LICENSE
Section 28-7. Licensing
It is unlawful for any person to act as an Ice cream street vendor as defined bv Secti(m 28-!. x~ithot~
first having obtained a license as provided by this division.
Section 28-8. Application
Belbre the City shall issue any license required by this division, the proposed licensee must complele
an appiication supplied by the City Clerk.
Section 28-9. License fee
The annual license fee, as prescribed in Section 2-2, shall bc paid at the time the application is
submitted to the City Clerk's Office. The tke shall be refunded if no license is issued.
ARTICLE II. OPERATING REGULATIONS
Section 28-10. LiabiliD' Insurance
There shall be filed with the City Clerk a certificate of insurance covering all vehicles operated under
this Division in such tbrm as the City Clerk may deem proper, issued by an insurance company
approved bv the State insurance Commissioner and authorized to do business in the state, insuri~g
the public against injury, loss or damage resulting to persons or property fi'om the use. maintenance
and operation of any vehicle operated under this division ibr ,^hich such permit is granted, in an
amount of not less than fifty thousand dollars ($50,000) lbr in. juU to any one person and an amount
of not less than one hundred thousand dollars ($100,000) ibr in. iuD' to all persons injured in any op, c
occurrence; and property damage not less than ten thousand dollars ($I 0,000) per each occurrence.
Section 28-! I. Operator's license required
No person shall operate any vehicle under this Division unless the person is the holder of a valid
motor vehicle operator's license.
Section 28-12. Unauthorized passengers
No person, other than the authorized operator o!'a vehicle and other persons expressly authorized
bv thc owner or lessee of: vehicle~ shall be in or upon said vehicle.
Section 28-13. Inspection of vehicle
Each vehicle used in the operation of an ice cream street vendor shall be required to pass an a~'mual
inspection by the Health Department and the Department of Ge.qeral Services belbre a license may
be issued or renewed. Any vehicle that has been inspected by the city witl:in 90 days prior to
renewal need not be reinspected.
Section 28-14. Hours of sale
It is unlawful to operate a vehicle in thc business o£an Icc cream street vencor between
of each day and continuing until 1 0:00 a.m. the fi311owing day,
Section 28-15. Routes
It is unlawlhl lbr any vendor to sell or attempt to sell along any particular route more than three times
during a twent3-1bur hour period.
Section 28- ! 6. Sales near schools
It is unlawful tbr a transaction to occur within one hundred twenty-five t'eet (125) l~rom the
boundaries of public or private school property Ibr a period commencing thirty (30) minutes betbrc
the regular school day of any such school and continuing until thirty (30) minutes after thc
a4iournment of the regular school day of any such school.
Section 28-17. Speed of vehicle
It is unlawful for any such vehicle to exceed at speed of tifleen (15) miles per hour when cruisinB
neighborhoods seeking sales or when attempting to make a sale.
Section 28-18. U-turns
It is unlawful tbr all},' s[Ich vehicle to make a [J-turn on any block.
Section 28- i 9. l)riving backwards
It is unlawful Ibr any such vehicle to drive backwards to make or attempt any sale.
Section 28-20. Sound devices
No sound device or bell shall be allowed or used by any such vehicle except that amplified music
or chimes are allowed provided that such are not audible any distance greater than three hundred
and that they be turned off' when the vehicle is stationa~ tbr the purpose of' making sales
othe~vise: provided, that the use of amplified music or chimes ~s prohibited bclbre 10:00 a.m. a~d
8:_~t, p.m. of each day.
Section 28-2 i. Marking and lighting on vehicle
It is unlawfifl lbr any such vehicle to be operated unless there is clearly marked upon such vehicle
a prominent sign visible to both the front and rear with the wording "Caution - Children." and one
or more llashing amber caution lights visible fi'om front, rear' and both sides.
Section 28-22. Parking to dispense products
it is unlawl~l /hr an operator to stop, stand or park such vehicle in any street, alley, avenue.
boulevard or sidewalk or other public right-of-way for the purpose of dispensing its products
customers, so as to obstruct the free flow of trallic in the .s',reet,- ' provided that an operator ma;. stop,
stand or park such vehicle with its right wheels next to the curb. but that no vehicle will remain
standing in any one location !'or a period exceeding ten minutes.
Section 28-23. Selliu~ near an intersection
It is unlawful fi)r tile operator of any such vehicle to dispense its products within fifty feet (50') of
any street intersection.
Section 28-24. Vehicle stationary during sale
Every vehicle shall be stationary' while in the process of selling or dispensing its products while upon
a public street, alley, avenue, boulevard or other public right-ut%ray within the city'.
Section 28-25. Sales from vehicle
It is unlawt~l tbr any operator to sell to any person who is standing in the street. All sales must
occur on the side of the vehicle next to the curb.
Section 28-26. Sales in public parks
it is unlawtU1 tbr any such vehicle to operate or its operator to dispense products while located in any
public park of the city or public parking lot with in the city.
DIVISION 4. PENALTY
Section 28-27 PenalD~
Any person violating any of the provisions of this Chapter is guilty ufa public oflbnse and upon
conviction thereof shall be punished as provided by Section 1-1
Section 2. That the existing Chapter 2g is hereby repealed.
Section 3. ~l'hat this ordinance shall take el}bet and be in three t?om and after its
adoption and publication once in the official city newspaper,
Introduced: May 13, 1996
Passed: May
ATTEST: Evelyn Maxwell. Mayor
,ludy D. Long, City Clerk