§ 113.20  TRANSIENT VENDING/SOLICITING ACTIVITIES; CONDITION OF LICENSES; APPLICABILITY TO NON-LICENSED TRANSIENT VENDORS AND SOLICITORS.
   (A)   Compliance with the regulations provided in this section, as applicable to the activity conducted, is a condition of all licenses issued pursuant to § 113.17.  However, as applicable, all vendors and solicitors must comply with these regulations even if they are exempt from licensing requirements pursuant to § 113.16.
      (1)   Use of private property restricted.  No transient vendor or solicitor may use any private property for the purpose of conducting his or her activities without the consent of the owner or other person in control of that property.
      (2)   Use of certain public property restricted.  A transient vendor or solicitor may not conduct his or her activities upon the premises of public facilities such as public parks, school grounds, governmental office buildings or public meeting and recreation facilities without the consent of the public authority having control of those facilities.
      (3)   Conduct of activities in safe and orderly manner.  No transient vendor or solicitor may conduct his or her activities in any manner which obstructs traffic, impairs the use of public property and facilities by others, substantially disturbs the tranquility of neighborhoods or otherwise creates a public hazard, nuisance or inconvenience.  The Town Marshal or the Marshal's deputies may order the cessation, removal or modification of any transient vending or soliciting activities found not to comply with this subsection, and the transient vendor or solicitors shall comply with that order.
      (4)   Obedience to prohibitive signs.  Any person owning or controlling any residential, commercial or public premises and not wishing to be called upon by transient vendors or solicitors may display a clearly visible sign saying "No Peddlers", "No Solicitors" or other wording of similar plain intent and all transient vendors and solicitors shall respect and obey that sign and refrain from entering upon the premises for the purpose of conducting transient vending or soliciting activities.  However, this division does not apply to persons described by § 113.16(A)(10).
      (5)   Time of residential door-to-door vending/soliciting restricted.  A transient vendor or solicitor, other than a person described by § 113.16(A)(10), may not call at any residential premises for the purpose of vending or soliciting other than between the hours of 8:00 a.m. and 6:30 p.m. of any day.  This division does not prohibit the delivery of previously ordered commodities at other hours of the day.
      (6)   Departure from premises when requested.  No transient vendor or solicitor having entered upon any premises for the purpose of vending or soliciting shall refuse to depart from or linger about those premises when requested to leave by the owner, the person in charge of or the person having admitted him or her to the premises.
      (7)   Permanent fixture of advertising matter to vehicles or other property.  No transient vendor or solicitor may apply and affix any advertising or promotional matter such as adhesive stickers or decals to vehicles or to any other private or public property without the consent of the owner or person in control of that vehicle or property.
      (8)   General compliance with laws, ordinance and regulations.  All transient vendors and solicitors operating within the town shall be expected to strictly comply with all laws, ordinances and regulations while engaging in vending or soliciting activities, whether or not those laws, ordinances and regulations directly apply to that activity per se.  A license issued under § 113.17 does not constitute a waiver of nor exemption from any such laws, ordinances and regulations.
   (B)   Any transient vendor or solicitor who is licensed under § 113.15 may have his or her license suspended or revoked pursuant to § 113.21 if he or she fails to comply with all of the above regulations.  Any transient vendor or solicitors who fails to comply with the provisions and regulations set forth in divisions (A)(1) through (A)(7) above, when applicable, shall, whether licensed or not also be considered to have committed a penal violation and be subject to citation and penalties as provided in § 113.99.
('85 Code, § 3-2-8)  (Ord. 1985-C14, passed 9-16-85)