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96-9740 Peddlers SolicitorsREPEALEY,7 (Published in The Salina Journal/ila;r.F'', 1996) 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 follows: "CHAPTER 28. PEDDLERS AND SOLICITORS DIVISION 1. GENERALLY Section 28-1 Definitions (1) Goods - Shall mean 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 - Shall mean 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, Solicitor or Canvasser - Shall mean a person, whether a resident of the city or not, whose business or trade is mainly or principally carried on by traveling either by foot or vehicle from place to place, house to house, or street to street, offering goods for sale or attempting to take orders for 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 unlawful for any person to act as a peddler, solicitor or canvasser, as defined by Section 28-1, without first having obtained a license as provided by this division. Section 28-3. 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 28-4. 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 fee shall be refunded if no license is issued. ARTICLE II. OPERATING REGULATIONS Section 28-5. Invitation required (1) The practice of going in and upon private premises in the city by Peddlers, Solicitors or Canvassers, not having been requested or invited to do so by the owner or occupant of the private residences, for the purpose of the sale of goods or to solicit orders for the sale of goods is hereby declared to be a nuisance and punishable as such nuisance as a misdemeanor. C-1,00 Wu (2) The Chief of Police and police force 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 unlawful for any person to solicit, peddle, hawk, vend, barter, sell or offer for sale any goods, wares beverages, food products or other mechandise 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. DIVISION 3. ICE CREAM STREET VENDORS ARTICLE I. LICENSE Section 28-7. Licensing It is unlawful for any person to act as an Ice cream street vendor as defined by Section 28-1, without first having obtained a license as provided by this division. Section 28-8. 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 28-9. 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. ARTICLE II. OPERATING REGULATIONS Section 28-10. 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 28-11. 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 of a vehicle and other persons expressly authorized by the owner or lessee of a 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 annual inspection by the Health Department 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 cansa��msnrr� renewal need not be reinspected. Section 28-14. 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 28-15. 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 28-16. 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 28-17. 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 28-18. U-turns It is unlawful for any such vehicle to make a U-turn on any block. Section 28-19. Driving backwards It is unlawful for 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 feet 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 28-21. 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 28-22. 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 minutes. Section 28-23. 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 28-24. Vehicle stationary during sale Cpm0liW1BE�5dllna 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 28-25. 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 28-26. 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. DIVISION 4. PENALTY Section 28-27 Penalty Any person violating any of the provisions of this Chapter is guilty of a public offense 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. {SEAL} ATTEST: `--- 40-4 y D. ng, City Clerk Introduced: May 13, 1996 Passed: May 20, 1996 Z -����� Evelyn Maxwell, Mayor