It shall be unlawful to peddle, market, take orders, solicit monetary or non-monetary donations, services or offer to sell and peddle or solicit consumable products or display any goods, wares, merchandise, food, photographs, newspaper or magazines on any street, intersection, right-of-way, sidewalk or alley within the limits of the city.
(A) Exemption. The following exemption shall apply to any person or persons peddling or soliciting on any street, intersection, right-of-way, sidewalk or alley that is/are duly sponsored or employed by any of the following entities that have their principle place of activity within the city:
(1) Government agency;
(2) Charitable organization;
(3) Volunteer organization;
(4) Non-profit organization; and
(5) Educational institution.
(B) Restrictions. Any person or persons allowed under this exemption must comply with all of the following restrictions:
(1) Have in possession any required permits and proof of sponsorship or employment with authorized entity;
(2) No peddling or solicitation allowed after sunset and before sunrise;
(3) Not obstruct, hinder or impede traffic;
(4) Use designated pedestrian crosswalks;
(5) Obey traffic signs and signals; and
(6) Wear approved reflective safety vests.
(C) Possession of permit required. Such permit issued or required under the provisions of this chapter shall be in the possession of the person or authorized designee on the premises where the activity is allowed to he held.
(D) Additional license required. The granting of a permit as provided for in this provision shall not excuse any person or persons from applying for and receiving any other permit required by the city, state or any other regulatory authority having jurisdiction therefor.
(E) Liability waiver/release/indemnity agreement required. Each person peddling or soliciting within the city limits must sign and have on file with the city individual waiver of release of liability and indemnity agreement. Any person under the age of 18 must also have the agreement signed by a consenting parent or consenting legal guardian.
(F) Enforcement. The duly constituted authorities of the city, including the Police Department, Code Enforcement Officer and others having the duty of enforcing the ordinances of the city, shall enforce the provisions of this chapter and prohibit any person or persons to peddle, solicit or conduct business without full compliance with the terms of this chapter.
(G) Appeal of a decision for failure to issue a permit.
(1) Provided that, all the information and payment of any required permit fee is made by the applicant, the City Secretary or his or her designee shall issue a permit or deny the issuance of a permit within ten business days after the date of filing an application in compliance with the requirements therefor. Should the City Secretary or his or her designee refuse to issue the permit, the applicant will be provided the reasons for such refusal.
(2) Any applicant who has been refused a permit by the City Secretary, or his or her designee, shall have the right to appeal the decision to the City Manager by filing a written notice of appeal to the City Manager’s office within ten business days from the date of the receipt of the denial of the permit. The City Manager shall issue a decision within ten business days from the date on appeal as perfected by the applicant. The City Manager shall issue a decision in writing as to whether or not the permit should be issued or the decision of denial should be upheld and shall give the reasons therefor. Such notice of the decision of the City Manager shall be mailed or hand-delivered to the applicant within five business days after the decision of the City Manager is established. The City Manager is authorized and directed to establish procedures relating to the consideration of the denial of a permit.
(Ord. 2014-01, passed 1-21-2014; Ord. 2017-02, passed 2-1-2017) Penalty, see § 10.99