HomeMy WebLinkAboutO-2856 - Repeals and replaces Ch. 5.60, itinerant merchants (5.60)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No?gS
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING
MARYSVILLE MUNICIPAL CODE CHAPTER 5.60 ENTITLED
"ITINERANT MERCHANTS" RELATING TO PEDDLERS, SOLICITORS
AND TRANSIENT MERCHANTS; PROVIDING FOR SEVERABILITY; AND
EFFECTIVE DATE.
WHEREAS, The City Council has determined it is in the best interest of the community to
provide for licensing of peddlers, solicitors and transient merchants;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Marysville Municipal Code Chapter 5.60 entitled "ITINERANT MERCHANTS" is
hereby amended by repealing Chapter 5.60 in its entirety and enacting a new chapter 5.60
entitled "ITINERANT MERCHANTS" to read as follows:
Chapter 5.60
ITINERANT MERCHANTS
5.60.010 -Definitions.
5.60.020 -Peddler/solicitor/master solicitor license required.
5.60.030 -License; applicant investigation.
5.60.040 -License, or facsimile copy, must be carried on person while peddling or
soliciting.
5.60.050 -Hours during which peddling is allowed.
5.60.060 -Unlawful to peddle or solicit on posted premises.
5.60.070 -Exemptions.
5.60.080 -Street vendors.
5.60.090 -Penalties and violations.
5.60.010 -Definitions.
Terms used in this section shall have the following meanings:
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A. Peddler means any person who goes from house to house, or place to
place, within the City of MarysviHe, selling and providing immediate delivery or
performance, or offering for sale and immediate delivery or performance, any
goods, wares, merchandise, food, beverages, services, or anything of value, to
persons who are not commercial users or sellers of such commodities or services.
B. Solicitor means any person who goes from house to house or place to
place within the City of Marysville, taking or offering to take orders for the sale
ofgoods, wares, merchandise, food, beverages, services, or anything of value for
future delivery or performance from persons not commercial users or sellers of
such commodities.
C. Street vendor (which includes a peddler and solicitor) means a person
who sells goods or services from a place within the city to include but not be
limited to display of goods or services on private property or on the public right
of-way.
D. Master Solicitor means any person or firm that employs or uses agents or
employees to act as solicitors or peddlers.
E. Vending unit means the display of goods or services through use of a
kiosk, tent, controlled area, cart or vehicle capable of movement.
F. The terms peddler or solicitor shall not include any person making
solicitations for charitable or religious purposes or while exercising political free
speech.
G. The terms peddler or solicitor shall not include participants in an event
sponsored by the City of Marysville in conjunction with a special event or
festival.
5.60.020 -Peddler/solicitor/master solicitor business license required.
No person shall perform peddling, solicitation or street vendor activities within the city
prior to obtaining a peddler/solicitor or master solicitor business license under MMC
Chapter 5.02, unless such activity is exempt as provided for in this chapter or Chapter
5.02.
5.60.030 -License; applicant investigation.
Upon submission of an application, in addition to the provisions ofMMC Chapter 5.02,
the applicant shaH consent to an investigation by the city to determine:
A. The existence of the employer or firm by confirming the State Master
Business License or Federal Identification Number.
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B. The name, address and identifying information of the person or entity
making application to include the identifying infonnation for all agents and
employees.
C. Whether the applicant or any solicitor agent listed on the application has a
conviction for a felony within the ten years preceding the license application and
the felony directly relates to the qualification of the applicant to be a solicitor or
peddler.
D. A criminal history investigation, performed by the city police department,
on the applicant and all agents and employees of applicant.
E. The truth of the facts set forth in the application.
5.60.040 -License, or facsimile copy, must be carried on person while peddling or
soliciting.
A. It shall be unlawful for any individual to peddle or solicit without having
in their possession the license issued by the City.
B. Each master solicitor licensee which employs, hires or engages others to
act as peddlers or solicitors shall furnish as credentials to each employee, agent,
independent contract, or other person peddling or soliciting for or on behalf of
such licensee, a facsimile copy of its license upon which shall appear the typed or
printed name and address, and the signature of the person to whom such facsimile
copy is issued. Such facsimile copies will be issued by the city clerk or designee,
who will maintain a listing of all persons to whom facsimile copies are issued by
the City. Street vendors shall display their license so that it may be viewed by the
public. Facsimile copies shall be nontransferable and shall at all times remain in
the possession of the person to whom issued.
C. The license shall be shown to all persons contacted, and to any police
officer, deputy sheriff, license officer or code enforcement officer of the city
upon the request of such officer.
5.60.050 -Hours during which peddling is allowed.
It is unlawful for any person to peddle or solicit, except during the following
hours, without the specific prior consent of the prospective buyer:
October 1 through April 30 -Between] 0:00 a.m. and 6:00 p.m. ofany day.
May I through September 20 -Between 10:00 a.m. and 8:00 p.m. of any day.
5.60.060 -Unlawful to peddle or solicit on posted premises.
It is unlawful for any peddler or solicitor to ring the bell, or knock on the door, or
otherwise attempt to contact an occupant for the purpose of peddling or soliciting
any residence or dwelling at which a sign bearing the words "No Peddlers or
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Solicitors" (or words of similar import indicating that peddlers or solicitors are
not wanted on said premises) is painted, affixed, or otherwise exposed to public
view; provided that tbis section shall not apply to any peddler or solicitor who
rings the bell, knocks on the door, or otherwise attempts to contact an occupant of
such residence or dwelling at the invitation or with the consent of the occupant
thereof.
5.60.070 -Exemptions.
The following shall be exempt from the provisions of this chapter:
A. Any instrumentality of the United States, State of Washington, or any
political subdivision thereof, with respect to the exercise of governmental
functions.
B. Nonprofit organizations, including but not limited to public, religious,
civil, charitable, benevolent, nonprofit, cultural or youth organizations.
C. Farmers, gardeners, or other persons who deliver or peddle any
agricultural, horticultural, or farm products which they have grown, harvested, or
produced, provided that this exemption does not apply to the sale of firewood.
D. Any persons regularly selling or delivering door-to-door to established
customers food products, laundry, dry-cleaning services, or baby diapers.
E. Newspaper carriers who deliver door-to-door.
F. Any person who is specifically requested to call upon others for the
purpose of displaying goods, literature, or giving information about any article,
service, or product.
G. Bona fide candidates, campaign workers, and political committees
campaigning on behalf of candidates or on ballot issues and persons soliciting
signatures of registered voters on petitions to be submitted to any governmental
agency.
H. Peddlers operating at any City-sponsored or authorized civic event for a
time period not to exceed five consecutive days, so long as each peddler's name,
address and telephone number is submitted to the City, in advance of the civic
event, to be maintained in the City records; and
I. Vendors operating at a farmers' or public market or other City-sponsored
or approved activity under the provisions of a temporary use permit; provided,
that the name, address and telephone number of each vendor is provided in
advance to the City to be maintained in the City records.
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5.60.080 -Street vendors.
Street vendors shall comply with the following:
A. No obstruction of the movement of persons or vehicles in the public right-
of-way (street, curb and sidewalk) shall be allowed.
B. The location for the street vendor shall be limited to the location and area
identified in the application and/or license. A license does not grant the right to
continuously occupy a location in the city, with the city reserving the right to
relocate the street vendor.
C. The type and size of the vending unit shall be approved as part of the
application or license.
D. The street vendor shall provide a refuse container and maintain the
vending site in a clean and orderly state.
E. No mechanical audio or noise making devices are allowed. Provided,
however, mobile carts or vehicles such as ice cream vendors may emit music to
the extent the sound level is in compliance with MMC Chapter 6.76 relating to
noise regulation.
F. All advertising shall be placed on the vending unit with no additional
advertising allowed in the public right-of-way. Maximum sign area shall not
exceed ten square feet.
5.60.090 -Penalties and violations.
Any person found in violation of any of the provisions of this chapter shall be guilty of a
misdemeanor.
A. Criminal penalties. Any person who fails to comply with the provisions of
this chapter shall be guilty of a misdemeanor and upon conviction thereof, be
punished as provided in RCW 9A.20.021(3). The person may also be ordered to
discontinue the unlawful act or correct the violation.
B. Other legal remedies. Nothing in this chapter limits the right of the city to
pursue other lawful, criminal, civil or equitable remedies to abate, discontinue,
correct or discourage unlawful acts under or in violation of this chapter.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 3. Effective Date. This ordinance shall become effective five days after the date of its
publication by summary.
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PASSED by the City Council and APPROVED by the mayor this} ~day ofAM~ ,2011.
CITY OF MARYSVILLE
. L'd"L~)Jon Nehring, Mayor L/
ATTEST:
aL----::..-~
A ril O'Brien, Deputy City Clerk
APPROVED AS TO FORM
I ~< LJu!£)
Grant K. Weed, City Attorney.
Date o[Publication:
1ja" ;'1
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