For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADOPTION OF RECITALS. The recitals in the preamble to Ordinance 15-1117B are hereby adopted as the findings and conclusions of the City Council.
ARTS AND CRAFTS FESTIVAL or FAIR. An event hosted by an organizer featuring items made, painted, or handcrafted by the individual artists and artisans exhibiting the items for sale directly to the public, and does not include commercially manufactured or imported items.
CANVASSER. A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1) Attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
(2) Distributing a handbill or flyer advertising a non-commercial event or service.
FARMERS MARKET. A nonprofit organization led by a council or board of directors and governed by a set of by-laws that on regular recurring days provides an area for farmers, growers, or producers to sell a variety of fresh fruits and vegetables and other food products suitable for consumption by humans or animals, including but not limited to, fresh produce, eggs, cheese, meats, honey, canned goods, hay, and grain; homemade crafts such as soap, candles, and quilts; and other agricultural products such as ornamental plants, vegetable seedlings or sprouts, and fruit and nut tree seedlings.
GARAGE SALE or YARD SALE. A sale of items of personal property by an individual, group of family members and/or neighbors, or by members of an organization that has a tax exemption under IRS Code Section 501(c)(3) or similar tax exemption, conducted on residential private property owned by one of the sellers, or on property owned by the tax exempt organization whose members are conducting the sale, at an interval of no more than four times per year and of a duration not to exceed two consecutive days.
HANDBILL. Any printed or written matter, any sample or device, circular, flyer, leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered by United States mail.
HAWKER. A person who makes noise to advertise his merchandise for sale, either by crying, shouting, ringing of bells or other means. The term HAWKING shall mean to engage in the activities of a hawker.
ISSUING OFFICER. The City Manager, City Secretary, Director of Community Development or his designee, or City Police Chief or his designee, who has the authority to issue a permit.
ITINERANT VENDOR. A person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to sell or take orders for any merchandise or services. A temporary business is one that continues for 45 days or less; and, exists whether solicitation is from a stand, vehicle, or freestanding.
MERCHANDISE. Goods, wares, services, photographs, magazines, plants, animals, fruit, meat, vegetables, or other foods, whether cooked or otherwise, and which are not sold with a reasonable expectation that same shall be offered for subsequent retail sale.
MOBILE FOOD UNITS. A vehicle-mounted, self or otherwise propelled, self-contained food service operation, designed to be readily movable (including, but not limited to catering trucks, trailers, push carts, and roadside food vendors) and used to store, prepare, display, serve or sell food. In this section MOBILE FOOD UNITS is synonymous with the term "mobile food establishment."
MORAL TURPITUDE. Anything done knowingly contrary to justice, honesty, principle or good morals, such as crimes involving dishonesty, fraud, deceit, misrepresentation, or deliberate violence.
PEDDLER. A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell his merchandise or a service. A PEDDLER does NOT include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit. Such a person is a solicitor.
PUSH CART. A non-self-propelled mobile food unit limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and is readily movable by one or two persons. A PUSH CART is classified as a mobile food unit that must be moved by non- motorized means.
RESIDENCE. Any separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
ROADSIDE FOOD VENDOR. A person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a road side food vendor. A ROADSIDE FOOD VENDOR is classified as a mobile food unit.
ROADWAY. The entire width between the boundary lines of every public maintained way where any part thereof is open to the use of the public for purposes of vehicular travel, including the ditches, drains, median, sidewalk and esplanade thereof, of any public alley, road, street, avenue, parkway or highway which is located within the city.
SOLICITOR. A person who attempts to make personal contact with any individual then located within the corporate limits of the city for the primary purpose of:
(1) Attempting to sell merchandise for a commercial, for-profit purpose;
(2) Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
(3) Distributing a handbill or flyer advertising a commercial event or service.
STREET FESTIVAL. Any event, activity or entertainment, sponsored by or on behalf of a not for profit organization or association, which is attended by 50 or more persons and conducted in whole or in part within any street and for which admissions charged or at which peddling, hawking, soliciting, transient dealing, roadside food vending or operation of a mobile food unit shall occur. STREET FESTIVAL shall not include a rally conducted in support of or opposition to a candidate for political office or a ballot proposition in any election called by a federal, state or local unit of government.
TRANSIENT DEALER. A person, including his agents or employees, who displays and sells or offers to sell merchandise from a fixed location not upon premises which are owned by the person or for which definite arrangements have been made for the lease, hire or rental for a term of at least one month. TRANSIENT DEALING shall mean to engage in the activities of a transient dealer.
(Ord. 15-1117B, passed 11-17-2015; Ord. 22-0322A, passed 3-22-2022)