Sec. 7-29. Unlawful activities.

   (a)   In general. It shall be unlawful for a peddler:

   (1)   To fail to maintain the site in a clean manner or provide a trash receptacle;

   (2)   To place advertising signs any place other than on the peddler's vehicle;

   (3)   Or the peddler's employee to fail to be present at the site during operating hours;

   (4)   Except as provided by section 7-31, to operate between the hours of 11:00 p.m. and 6:00 a.m.;

   (5)   To fail to remove the vehicle, all equipment, and other personal property from the site after closing;

   (6)   To fail to display a current, valid peddler's license in a conspicuous location;

   (7)   To operate a generator that violates federal regulations relating to noise or exhaust mufflers;

   (8)   To operate outside the boundaries of the peddler's operation; or

   (9)   Except as provided in subsection (b), to operate in the right-of-way.

   (b)   Operation in right-of-way. With approval of the director of the department of transportation, a peddler may operate in the right-of-way in the Downtown or Fourth Avenue Business Zones, as defined in sections 11-36.2(a)(1) and (2).

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-30. Setback requirements.

   (a)   In general. A peddler may not operate a peddler operation in violation of the setback requirements specified in subsections (b) or (c) and compliance with such requirements shall be shown on the site plans required by sections 7-27(b)(5) and (6).

   (b)   Setback requirements. A peddler operation shall not locate:

   (1)   Within one hundred (100) feet of a residentially zoned property;

   (2)   Within one hundred (100) feet of another peddler operation located on the same site, which for private property means the same tax parcel;

   (3)   Within one hundred (100) feet of another peddler operation located on city property or right-of-way; or

   (4)   Except as provided in subsection (c), within twenty (20) feet of a curb or right-of- way pavement.

   (c)   Curb setback requirement exception. In the Downtown and Fourth Avenue Business Zones, as defined in sections 11-36.2(a)(1) and (2), a peddler operation shall not locate within four (4) feet of a curb or right-of-way pavement.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04; Ord. No. 10141, § 3, 4-12-05)

Sec. 7-31. Operating before or after required closing time.

   (a)   In general. A peddler may operate before or after the time required by section 7-29(4) by complying with the exemption process provided in subsection (b).

   (b)   Exemption process.

   (1)   Initial application. A peddler desiring to operate before or after the time required for closing by section 7-29(a)(4) shall apply to the director of the development services department for such authorization, stating the specific times that the peddler desires to operate. If the director determines that the peddler's operation is more than two hundred (200) feet from the nearest residentially zoned property and the peddler has no convictions for violations of this article within the previous twelve (12) months, the director shall grant the request for the time period requested. If the peddler's operation is within one hundred (100) to two hundred (200) feet from the nearest residentially zoned property, the director shall refer the application to the zoning examiner pursuant to paragraph (2).

   (2)   Application to zoning examiner. After the director has referred the application to the zoning examiner, the examiner shall hold a public hearing on the application. The examiner shall hold the hearing no later than sixty (60) days after receipt of the application. The director of the development services department shall notify the chief of police and all residents and registered neighborhood associations within three hundred (300) feet of the lot lines of the site where the peddler's operation is located if on private property or three hundred (300) feet of the peddler's operation if located on city property or right-of-way. After conducting the public hearing, the examiner shall issue a decision either granting or denying the application within five (5) business days of the hearing. The examiner may grant the application if the examiner determines that the peddler's business is not detrimental to the peace and quiet of the residents affected by the business or to public safety. If the zoning examiner grants the application, the authorization shall state the times in which the peddler is permitted to operate, which may be different from that requested by the peddler. The decision of the zoning examiner is final and may not be appealed. If the application is denied, the peddler may not make a similar application for the same location for twelve (12) months.

   (c)   Operating during times not authorized. If a peddler is permitted to operate past the time allowed under section 7-29(a)(4), it is unlawful for the peddler to operate before or after the times permitted under subsections (b)(1) or (2).

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-32. License revocation.

   (a)   Grounds for revocation. The director may revoke the license of any peddler for one or a combination of the following:

   (1)   The peddler or the peddler's employee is operating in violation of any requirement of this article or article IV of chapter 16, Tucson Code, and has failed or refused to cease and desist from such violation or violations within five (5) days after receiving written notice from the director, law enforcement officer, or city employee with code enforcement authority. If an employee of the peddler is operating the peddler's operation, receipt of the notice by the employee is sufficient.

   (2)   The peddler or the peddler's employee has been convicted of or found responsible for a violation of this article or article IV of chapter 16, Tucson Code, or A.R.S. § 13-2904 where such violation occurred on the site occupied by the peddler's operation.

   (3)   The peddler provided false information on the license application.

   (b)   Revocation procedure.

   (1)   Notice of revocation; scheduling of hearing. The director shall provide written notice of revocation to the peddler stating the grounds for revocation and the procedures to appeal the revocation. The notice may be personally served or mailed, return receipt requested, to the address provided by the peddler on the application. The revocation becomes final five (5) business days from the date of receipt of the notice by the peddler or five (5) business days from the date the notice is returned to the director as undeliverable unless the peddler files an appeal in city court. A hearing shall be scheduled within fifteen (15) days of receipt of the filing of the appeal before a magistrate or special limited magistrate. If the peddler files an appeal, he or she may continue to operate pending the outcome of the hearing in city court.

   (2)   Revocation order; appeal. At the conclusion of the hearing, if the magistrate or special limited magistrate finds that the grounds for revocation have been established by a preponderance of the evidence, the magistrate shall order the license revoked. Either the city or the peddler may appeal the ruling to superior court in accordance with the Superior Court Rules of Appellate Procedure-Civil. If the peddler's license is revoked and the peddler appeals to superior court, the peddler may not operate unless and until such time as the superior court orders the license reinstated or otherwise authorizes the peddler to operate.

   (c)   Reapplication prohibited. If a peddler's license is revoked pursuant to this section, the licensee may not reapply for a peddler's license for twelve (12) months following the effective date of the revocation.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-33. Violations and penalties.

The penalty for a violation of this article shall be as follows:

   (1)   The penalties under this section are cumulative and the enforcing officer may proceed under one (1) or more such penalty.

   (2)   Any peddler or an employee of a peddler who commits, causes, permits, facilitates, or aids or abets any violation of, or who fails to perform any act or duty required by, this Article is responsible for a civil infraction and is subject to a civil sanction of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00).

   (3)   Any peddler or an employee of a peddler who commits, causes, permits, facilitates, or aids or abets any violation of, or who fails to perform any act or duty required by, this article is guilty of a class one misdemeanor.

   (4)   Each day any violation of any provision of this article or the failure to perform any act or duty required by this article exists shall constitute a separate violation or offense.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-34. Enforcement authority.

Any law enforcement officer or any other employee of the city with the authority to issue civil infraction citations may enforce the provisions of this article. This section is not intended to create or expand the authority of any department to perform acts that are otherwise prohibited by law.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)

Sec. 7-35. Jurisdiction of court.

   (a)   Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in the city court of the city.

   (b)   Civil infraction proceedings to enforce this chapter may be adjudicated by a magistrate or a special limited magistrate.

(Ord. No. 10041, § 1, 9-20-04; Ord. No. 10054, § 1, 9-27-04)