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97-9798 Peddlers Solicitors(Published in The Salina Journal April/?, 1997) ORDINANCE NUMBER 97-9798 AN ORDINANCE PROVIDING FOR THE AMENDMENT OF CHAPTER 28 OF THE SALINA CODE REGARDING PEDDLERS AND SOLICITORS AND REPEALING THE EXISTING CHAPTER follows: 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 "CHAPTER 28. PEDDLERS AND SOLICITORS DIVISION 1. GENERALLY Section 28-1. Public Purpose. This ordinance is intended to protect against criminal activity, including fraud and burglary; minimize the unwelcome disturbance of citizens and the disruption of privacy; and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing door-to-door peddlers, solicitors and ice cream street vendors. Section 28-2. Definitions. As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires: (1) Goods - Means any goods, wares, foodstuffs, merchandise or services offered for sale, whether or not displayed. This does not include frozen dairy and non-dairy desserts offered for sale by ice cream street vendors. (2) Ice Cream Street Vendor - Means a person who travels by any type of vehicle, either motorized or not, upon the improved portion of any street, selling or offering for sale any single - serving frozen dairy or non-dairy dessert. (3) Peddler - Means any person who goes upon the premises of any private residence in the city, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This does not include ice cream street vendors or businesses temporarily located on private property who are required to obtain a temporary use permit. (4) Peddling - Includes all activities ordinarily performed by a peddler as indicated under paragraph (3) this section. (5) Solicitor - Means any person who goes upon the premises of any private residence in the City, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future. (6) Soliciting - Includes all activities ordinarily performed by a solicitor as indicated under paragraph (5) of this section. Section 28-3. Severability. The provisions of this Chapter are declared to be severable. If any section, sentence, clause, or phrase of the Chapter shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Chapter, but they shall remain in effect; it being the legislative intent that this Chapter shall remain in effect notwithstanding the invalidity of any part. Sections 28-4--28-10. Reserved. DIVISION 2. PEDDLERS AND SOLICITORS ARTICLE I. PERMIT Section 28-11. Permit Requirements and Exemptions. It shall be unlawful for any person eighteen (18) years of age or older to engage in peddling or soliciting activities within the city without first obtaining a permit issued by the City Clerk. Section 28-12. Permit for Sponsoring Juvenile Peddlers or Solicitors. (a) No person under the age of eighteen (18) shall be permitted to engage in peddling or soliciting activities except as provided in this section. (b) A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or soliciting activities involving, in whole or in part, a sales force of one (1) or more persons under eighteen (18) years of age. (c) The sponsor shall be responsible for supervising and controlling the conduct of all persons including juveniles, peddling or soliciting under the sponsor's permit. Section 28-13. Permit Application. Every person subject to the provisions of this ordinance shall file with the office of the city clerk an application in writing on a form furnished by that office, which shall provide the following information: (a) Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, or other legally recognized form of identification; (b) A brief description of the business or activity to be conducted; (c) The hours and location for which the permit to engage in peddling or soliciting is desired; (d) If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be; (e) A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details; (f) Kansas sales tax number or proof of exemption from the collection of Kansas sales tax. (g) Proof of possession of any license or permit which the applicant is required to have under state law in order to conduct the proposed business. (h) An acknowledgment of the applicant's familiarity with the Kansas Consumer Protection Act (K.S.A. 50-623 et seq.), including the consumer's right to cancel a door-to-door sale, as defined in the Act, until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase. (i) If any individual product or service is to be offered for sale at a price of $25.00 or more, a copy of the receipt or contract to be used by the applicant in any door-to-door sale as required by K.S.A. 50-640. 0) An acknowledgment that the applicant is aware and understands that to violate the operating regulations set forth in this Division while either peddling or soliciting is prohibited. Section 28-14. Fees. At the time the permit application is filed with the office of the City Clerk, the applicant C -W WSM. shall pay a fee established pursuant to Section 2.2 of this Code. Section 28-15. Application Review and Permit Issuance. Upon receipt of an application, the City Clerk, or the City Clerk's authorized representative, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare. If the application is found to be satisfactory, the City Clerk shall, upon receipt of the permit fee, issue the permit to the applicant. Section 28-16. Denial of Permit. Upon the City Clerk's review of the application, the City Clerk may refuse to issue a permit to the applicant for either of the following reasons: (1) If the application is incomplete; or (2) If the information provides a reasonable basis for determining that the public health, safety, and welfare will be threatened by issuance of a permit to the applicant. Section 28-17. Application of General Rules Regarding Licenses. Unless more specifically provided in this article, the general rules regarding licenses contained in Chapter 20 of this Code shall also apply to permits issued pursuant to this article. Section 28-18. Term of Permit. Any permit issued pursuant to this article shall be for a term of the remainder of the calendar year in which the permit is issued. Sections 28-19--28-25. Reserved. ARTICLE II. OPERATING REGULATIONS Section 28-26. Identification Badges. At the same time the permit is issued, the City Clerk shall issue to each permittee a badge which shall be worn by the permittee in such a way as to be conspicuous at all times while the permittee is soliciting or peddling in the city. Section 28-27. Hours of Peddling or Soliciting. No person shall engage in either peddling or soliciting between the hours of 9:00 p.m. and 8:00 a.m. Section 28-28. Primary Entrance. It shall be unlawful for any person while either peddling or soliciting to knock, ring the door bell, or otherwise attempt to gain the attention of the occupant(s) of the residence other than at the primary entrance to the residence. Section 28-29. Entry Upon Signed Premises Unlawful. It shall be unlawful for any person while either peddling or soliciting to knock, ring the doorbell, or otherwise attempt to gain the attention of the occupant(s) of a residence in the city where the owner, occupant, or person legally in charge of the premises has posted, at the primary entrance to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import. Section 28-30. Aggressive Peddling or Soliciting Prohibited. It shall be unlawful for any person to engage in peddling or soliciting in an aggressive manner. As used in this section, "aggressive manner" means either approaching a person present at the residence or continuing the peddling or soliciting activity after the person has made a negative response, whether before or after being invited into the residence, in a manner that (1) is Cw6diEekGStl'ue likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession or in or about the residence, or (2) is intended to or is likely to intimidate the person into responding affirmatively to the peddling or soliciting activity. Aggressive peddling or soliciting is a Class B misdemeanor. Section 28-31 . Sales from vehicles on improved public streets. It shall be unlawful for any person to engage in peddling or soliciting activities from 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 ice cream from vehicles regulated under Division 3 of this Chapter. Sections 28-32--28-40. Reserved. DIVISION 3. ICE CREAM STREET VENDORS ARTICLE I. LICENSE Section 28-41. Licensing. It is unlawful for any person to act as an ice cream street vendor as defined by Section 28- 2, without first having obtained a license as provided by this division. Section 28-42. Application. Before the City shall issue any license required by this division, the proposed licensee must complete an application supplied by the City Clerk. Section 28-43. License fee. The annual 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 fee shall be refunded if no license is issued. Sections 28-44--28-50. Reserved. ARTICLE II. OPERATING REGULATIONS Section 28-51. Liability Insurance. There shall be filed with the City Clerk a certificate of insurance covering all vehicles operated under this Division in such form as the City Clerk may deem proper, issued by an insurance company approved by the State Insurance Commissioner and authorized to do business in the state, insuring the public against injury, loss or damage resulting to persons or property from the use, maintenance and operation of any vehicle operated under this division for which such permit is granted, in an amount of not less than fifty thousand dollars ($50,000) for injury to any one person and an amount of not less than one hundred thousand dollars ($100,000) for injury to all persons injured in any one occurrence; and property damage not less than ten thousand dollars ($10,000) per each occurrence. Section 28-52. 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 28-53. Unauthorized passengers. No person, other than the authorized operator of a vehicle and other persons expressly authorized by the owner or lessee of a vehicle, shall be in or upon said vehicle. C.W. Section 28-54. Inspection of vehicle. Each vehicle used in the operation of an ice cream street vendor shall be required to pass an annual inspection by the appropriate state or local health agency and the Department of General Services before a license may be issued or renewed. Any vehicle that has been inspected by the city within 90 days prior to renewal need not be reinspected. Section 28-55. Hours of sale. It is unlawful to operate a vehicle in the business of an Ice cream street vendor between 8:30 p.m. of each day and continuing until 10:00 a.m. the following day. Section 28-56. Routes. It is unlawful for any vendor to sell or attempt to sell along any particular route more than three times during a twenty-four hour period. Section 28-57. Sales near schools. It is unlawful for a transaction to occur within one hundred twenty-five feet (125') from the boundaries of public or private school property for a period commencing thirty (30) minutes before the regular school day of any such school and continuing until thirty (30) minutes after the adjournment of the regular school day of any such school. Section 28-58. Speed of vehicle. It is unlawful for any such vehicle to exceed a speed of fifteen (15) miles per hour when cruising neighborhoods seeking sales or when attempting to make a sale. Section 28-59. U-turns. It is unlawful for any such vehicle to make a U-turn on any block. Section 28-60. Driving backwards. It is unlawful for any such vehicle to drive backwards to make or attempt any sale. Section 28-61. 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 feet (300) and that they be turned off when the vehicle is stationary for the purpose of making sales or otherwise; provided, that the use of amplified music or chimes is prohibited before 10:00 a.m. and after 8:30 p.m. of each day. Section 28-62. Marking and lighting on vehicle. It is unlawful for 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 flashing amber caution lights visible from front, rear and both sides. Section 28-63. Parking to dispense products. It is unlawful for 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 to customers, so as to obstruct the free flow of traffic in the street; provided that an operator may 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 for a period exceeding ten (10) minutes. Section 28-64. Selling near an intersection. It is unlawful for the operator of any such vehicle to dispense its products within fifty feet (50') of any street intersection. Section 28-65. 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-of-way within the city. Section 28-66. Sales from vehicle. It is unlawful for 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 28-67. Sales in public parks. It is unlawful for 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. Section 28-68--28-75. Reserved. DIVISION 4. SUSPENSION, REVOCATION, APPEALS Section 28-76. Permit and License Suspension or Revocation. Any permit or license issued under this Chapter may be revoked or suspended by the City Manager, after notice and hearing, for any of the following reasons: (1) Fraud, misrepresentation or false statement contained in the application for a permit or license; (2) Fraud, misrepresentation or false statement made by the permittee in the course of peddling, soliciting or vending; (3) Peddling, soliciting or vending in violation of this Chapter or contrary to the provisions contained in the permit or license; (4) Conviction for any crime involving moral turpitude; or (5) Peddling, soliciting or vending in such a manner as to create a public nuisance, constitute a breach of the peace, endanger the health, safety or general welfare of the public, or otherwise in violation of local, state or federal law. The City Manager may immediately suspend any permit or license, pending the suspension or revocation hearing, if the public health, safety, or welfare is best served by such a temporary suspension. Section 28-77. Notice and Hearing. Notice of a hearing for suspension or revocation of a permit or license issued pursuant to this Chapter shall be provided in writing and shall set forth specifically the grounds for the proposed suspension or revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee or licensee at the address shown on the permit application or at the last known address of the permittee or licensee. Section 28-78. Appeals. (a) Any person aggrieved by the decision of the City Clerk to deny a permit or license applied for under this article shall have the right to appeal the decision to the City Manager within ten (10) days after the notice of the decision has been mailed to the person. (b) Any person aggrieved by the action or decision of the city manager to deny, suspend or revoke a permit applied for under this article shall have the right to appeal such action or decision to the board of city commissioners within (10) days after the notice of the action or decision has been mailed to the person. (c) An appeal to either the City Manager or Board of City Commissioners shall be taken) by filing with the City Clerk a written statement setting forth the grounds for the appeal. (d) A hearing shall be set not later than ten (10) working days from the date of receipt of the appellant's written statement. (e) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision. (f) The decision of the Board of City Commissioners on the appeal shall be final and binding on all parties concerned. Sections 28-79--28-85. Reserved. DIVISION 5. PENALTY Section 28-86. Penalty. Unless otherwise stated, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punished as provided by Section 1-10." Section 2. That the existing Chapter 28 is hereby repealed. Section 3. That this ordinance shall take effect and be in force from and after its adoption and publication once in the official city newspaper. Introduced: April 7, 1997 Passed: April 14, 1997 Evelyn axwell, Mayor (SEAL) ATTEST: te• Judy . Lo , City Clerk