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§ 111.06 USE OF PUBLIC PROPERTY/ROADWAY.
   Before any permit is issued for a holder to conduct his or her activities upon public property or right-of-way, the following conditions must be met.
   (A)   The applicant must obtain permission from the Board for the use of said public property or right-of-way.
   (B)   The applicant shall provide proof of bodily injury and property damage liability insurance in an amount satisfactory to the Board.
   (C)   Under no circumstances shall a permit be granted to permit sitting, standing, or moving within or upon a roadway, or a median between two roadways, while engaged in soliciting, peddling, selling advertising, donating, or distributing any product, property, or service, including, but not limited to, tickets, handbills, newspapers, or other printed material, to or from an occupant of a vehicle in the roadway; or conversation or discourse with an occupant of a vehicle in the roadway unless otherwise permitted under § 111.09.
(Ord. 2008-7, passed 3-12-2008; Ord. 2019-25, passed 5-13-2020) Penalty, see § 111.99
§ 111.07 BOND.
   (A)   Before the issuance of any permit, a surety and/or cash bond shall be filed by the applicant with the Clerk-Treasurer, payable to the city in the sum of $500 ensuring that should the holder not comply fully with all the provisions of this code, other ordinances of the city, and the statutes of the state regulating and concerning the sale of goods, wares, and merchandise and the business of a transient merchant, peddler, or solicitor, whichever shall be applicable and will pay all judgments rendered against the applicable, said surety shall pay all judgments rendered against the holder for any violation of the above ordinances, statutes, or regulations, together with any and all judgments, court costs, and attorney fees, that may be recovered by any person for damage growing out of any misrepresentations, deception, or violation of the aforementioned statutes, regulations, ordinances associated with the sale or the vendor’s product, or through advertisement of any character whatsoever printed, or through advertisement of any character whatsoever printed or circulated in reference to the goods, wares, and merchandise sold or any part thereof or service to be rendered by said vendor.
   (B)   Notwithstanding anything to the contrary contained herein, if a principal or employer has previously executed a bond on behalf of all of its agents or employees, then separate bonds need not be executed on behalf of each holder serving as an agent of a principal or as an employee of an employer.
   (C)   All bonds shall be executed by the holder and/or his or her principal or employer and an authorized representative of the surety or two responsible freeholders residing within the city (or in lieu thereof a cash bond of equal amount) conditioned as referenced above. In the event any holder elects to post a cash bond, the same shall be retained by the city for 90 days after the expiration of all permits issued under the bond in any calendar year.
   (D)   Action on the bond may be brought in the name of the city to the use or benefit of an aggrieved person. Any person aggrieved by a holder’s actions or inactions may petition the Board for recovery on the bond as appropriate.
(Ord. 2008-7, passed 3-12-2008; Ord. 2019-25, passed 5-13-2020)
§ 111.08 EXCEPTIONS.
   (A)   The following are exempt from the provisions of this chapter:
      (1)   Persons engaged in the sale of newspapers;
      (2)   Persons who have established permanent places of business within the city limits and bona fide salespersons selling at wholesale to such resident merchants; and
      (3)   Members of the public safety departments while engaged in a fundraising activity.
   (B)   Additional exemptions may be added by resolution passed by the Common Council, with the further provision that all exempt activities shall be maintained on a listing of exceptions with the Mayor’s office and the Clerk-Treasurer for public inspection and review.
(Ord. 2008-7, passed 3-12-2008; Ord. 2009-12, passed 5-27-2009; Ord. 2019-25, passed on 5-13-2020)
§ 111.99 PENALTY.
   (A)   Any person who violates any provision of this chapter shall be fined $50 for the first offense, $150 for the second offense, and not more than $250 for each subsequent offense within a 12-month period. Each day a violation continues shall constitute a separate offense.
   (B)   Any person discovered by a member of the Police Department to be soliciting, selling, or taking orders for any goods, wares, merchandise, or services, without a permit shall be issued a citation of violation, which shall prohibit further solicitation, sale, or order taking or similar activity until such time as the violator obtains a permit and otherwise is in compliance with all provisions of this subchapter.
   (C)   If a holder is discovered to be in violation of this chapter by a member of the Police Department, such holder shall immediately be issued a citation setting forth the date and time that the holder is to appear before the Clerk-Treasurer to answer to the alleged violation and the holder shall immediately cease and desist operations. Upon issuing the citation contemplated herein, the holder and their permit shall be immediately confiscated by the Police Department and held until such time as a final decision is made by the Clerk-Treasurer.
   (D)   All fines issued pursuant to this chapter and attorney fees attributable to the cost of collecting such fines shall be collected by the Clerk-Treasurer with the assistance of the City Attorney as required.
(Ord. 2008-7, passed 3-12-2008; Ord. 2019-25, passed on 5-13-2020)