CHAPTER 5.16
PEDDLERS, HAWKERS AND TRANSIENT MERCHANTS
SECTION:
5.16.010: Definitions
5.16.020: Conduct Of Business On Public Streets And Places; Prohibitions; Exceptions
5.16.050: Unlawful Conduct; Enforcement
5.16.090: Violation; Penalty
5.16.010: DEFINITIONS:
For purposes of this chapter, the following words and phrases mean as set out in this section:
CITY: The city of Hailey, Idaho.
CITY CLERK: The duly appointed city clerk of the city, or his/her designee acting as the issuing officer.
CITY COUNCIL: The duly elected city council of the city.
ENGAGE IN OR CONDUCT BUSINESS: The selling, soliciting, advertising or offering for sale of any items of personal property, or real property, or any interest therein.
NOT FOR PROFIT BUSINESS: Any organization exempt from taxation as provided by 26 USC 501 and meeting all the requirements for the exemption provided by 26 USC 503.
OFF SITE LOCATION: Any premises or portion thereof which has not been authorized to conduct business pursuant to chapter 5.02 of this title.
PERSONS: Any individual, including an employee or agent of an individual or group of individuals, corporation, partnership, joint venture, limited partnership, or any other business entity.
PREMISES: All real property and structures where any business or occupation is conducted.
PRIVATE RESIDENCE: Any property not dedicated to public use.
PUBLIC STREET OR PLACE: Any sidewalk, street, alley, highway, public right of way, park, parking lot, or other place owned in fee by the city, or in, on or over which an easement exists in the name of or held by the city, or which exists for the benefit and use of the public. (Ord. 872 § 7, 2004; Ord. 806 § 1, 2002; Ord. 513 § 1, 1986)
5.16.020: CONDUCT OF BUSINESS ON PUBLIC STREETS AND PLACES; PROHIBITIONS; EXCEPTIONS:
   A.   Unlawful Acts:
      1.   It is unlawful for any person to engage in or conduct any business in, on, over or upon any public street or place within the city or to employ any person to engage in or conduct any business in, on, over or upon any public street or place within the city, except as provided in this chapter.
      2.   It is unlawful for any person to go in or upon private residences in the city, not having been requested or invited to do so by the owner or occupant of such private residences, for the purpose of soliciting orders for the sale of goods, wares and merchandise, or for the purpose of disposing of or peddling or hawking the same, except as provided in this chapter.
      3.   It is unlawful for any person to distribute to the public or place on any vehicle in the public streets or place any cards, circulars, handbills, samples of merchandise or any advertising matter whatsoever on any public street or place within the city, or to employ any person to do the same in, on, over or upon any public street or place within the city except as provided in this chapter.
      4.   It is unlawful for any person to engage in or conduct business on any off site location within the city, or to employ any person to engage in or conduct any business on any off site location within the city except as provided in this section.
   B.   Exceptions: The provisions of this chapter shall not apply to:
      1.   Traveling salespersons, commercial travelers or service providers who exclusively or primarily sell to, provide service to, or solicit orders for future delivery from local retailers, local businesses, local governments, local schools, or local wholesale firms, and catering services or service providers entering private property with the permission of the occupants for sale, service, or distribution to said occupants;
      2.   The sale and distribution of newspapers;
      3.   Contribution solicitations where the person being solicited to contribute personally knows the identity of the person soliciting the contribution, the name of the group or organization he or she represents, and the nature of the services performed or offered by the group or organization;
      4.   The sale of tickets by local school students to a function of their school or by not for profit business or service clubs to a function of their organization;
      5.   Any person engaged in political activities, including funds or membership solicitations;
      6.   Any solicitation of information for a telephone book or a city directory by a company representative;
      7.   Sales of goods, services and foods associated with a business licensed under chapter 5.02 of this title;
      8.   Sales of goods, services, and food on public streets or places during an activity or event approved under title 12, chapters 12.12 and/or 12.14 of this code;
      9.   The handing out of business cards by an individual upon request of the receiving party;
      10.   Advertising materials displayed inside buses and taxis. (Ord. 872 § 8, 2004; Ord. 851 § 1, 2003; Ord. 806 § 2, 2002; Ord. 513 § 2, 1986)
5.16.050: UNLAWFUL CONDUCT; ENFORCEMENT:
   A.   Unlawful Acts: It is unlawful for a licensee under this chapter to do any of the following acts:
      1.   Make physical contact with the person being solicited unless that person's permission is obtained;
      2.   Misrepresent the purpose of the solicitation;
      3.   Misrepresent the affiliation of those engaged in the solicitation;
      4.   Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;
      5.   Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation;
      6.   To go in or upon private residences within the city not having been requested or invited to do so by the owner or occupant or to enter in or upon any other premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitors Allowed" or other words to such effect;
      7.   Knowingly make any false statement on an application for any license;
      8.   To shout at or otherwise call out to individuals in order to attract their attention or engage in solicitation;
      9.   To engage in or conduct business by means of any sound amplification equipment, loudspeaker or similar device.
   B.   Enforcement: It is the duty of any police officer of the city to enforce this chapter. (Ord. 513 § 5, 1986)
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