SECTION
208.010: PURPOSE-SCOPE
The provisions
of this Chapter are enacted to promote and protect the public health, safety
and welfare of the citizens of the City and shall be in effect within the
City. (Ord. No. 03-04 §§1─2,
4-1-03)
SECTION
208.020: DEFINITIONS
The following
words, terms and phrases, when used in this Chapter, shall have the meanings
ascribed to them in this Section, except where the context clearly indicates a
different meaning:
CANVASSER:
Any individual engaged in the act of canvassing.
CANVASSING:
Any attempt to make personal contact with a resident or individual at
his/her residence or place of business without prior specific invitation or
appointment from the resident for the primary purpose of 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.
HAWKER:
Any individual engaged in the act of hawking.
HAWKING:
Traveling from house to house, business to business or place to place,
or positioned on or near public or private street corners, public or private
streets or ways, or places of public assembly or congregation, or located in
or near the roadway or right-of-way of a roadway for the purpose of selling or
offering for sale goods, wares or merchandise.
MERCHANDISE:
Goods, wares and merchandise of any and all kinds, size, nature and
description including, but not limited to, books, charts, maps, magazines,
newspapers, tickets, emblems and coupons.
PEDDLER:
Any individual engaged in the act of peddling.
PEDDLING:
Any attempt to make personal contact with a resident or individual at
his or her residence or place of business and attempting to sell or offering
to sell goods or merchandise by going from house to house, business to
business or place to place to sell the same.
PERSON
SOLICITED:
Any individual whom a hawker, peddler or solicitor approaches for the
purpose of attempting to transact his/her activity or business.
SOLICITING:
Traveling from house to house, business to business or place to place,
or positioned on or near public or private street corners, public or private
streets or ways, or places of public assembly or congregation, or located in
or near the roadway or right-of-way of a roadway for the purpose of:
1.
Soliciting information, support, assistance, property or financial
assistance of any kind;
2.
Selling or offering for sale any merchandise or service;
3.
Taking or attempting to take any orders for the sale of any merchandise
for future delivery or for services to be furnished or performed then or in
the future, whether or not such individual has, carries or exposes for sale a
sample of said merchandise or whether or not he/she collects advance payments
on such orders or sales; or
4.
Soliciting support for a person or cause or for determining opinions or
sentiments for a commercial purpose.
SOLICITOR:
Any individual engaged in the act of soliciting.
(Ord. No. 03-04 §§1─2, 4-1-03)
SECTION
208.030: RESTRICTED
Canvassing,
hawking, peddling and soliciting are prohibited within the City limits of
Clarkson Valley and any person or persons engaged in such activity, whether
individually or on behalf of another person, principal or entity, shall be
deemed to be in violation of the City Code.
(Ord. No. 03-04 §§1─2, 4-1-03)
SECTION
208.040: FAILURE TO LEAVE
PREMISES
No person
engaged in the act of canvassing, hawking, peddling or soliciting shall fail
or refuse to immediately leave the premises of the person solicited when
requested to leave either by the person solicited or by the resident, nor
shall such person enter upon any premises where such activity is prohibited or
forbidden by display of a sign or notice to that effect.
(Ord. No. 03-04 §§1─2, 4-1-03)
SECTION
208.050: EXEMPTION
The provisions
of this Chapter shall not apply to persons invited by a resident of the City
to come to such resident's house for the purpose of selling merchandise or
services or soliciting orders for the sale of merchandise or services; a
Federal, State or local government employee or a public utility employee in
the performance of his/her duty for his/her employer; and nothing contained
herein shall prohibit any individual from peacefully attempting to enlist
support for or against a particular religion, philosophy, ideology, political
party, issue or candidate or for the purpose of soliciting or distributing
information regarding a particular religion, philosophy, ideology, political
party, issue or candidate. (Ord.
No. 03-04 §§1─2, 4-1-03)
SECTION
208.060: PENALTIES
Any person
violating any provision of this Chapter shall, upon conviction thereof, be
punished as provided in Section 100.100 of this Code.
(Ord. No. 03-04 §§1─2, 4-1-03)