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HomeMy WebLinkAboutOrdinance 16-1986 > • " • � Y � � - � �•'' � � � 16-86 ORDINANCE N0. AN ORDINANCE REVISING CHAPTER 28 OF THE REVISED ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AND PERTAINING TO PEDDLERS . BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA, THAT CHAPTER 28 BE AMENDED TO READ AS FOLLOWS, TO-WIT: I . Sec. 28 . 1 Definition. The word "peddler" as used in this chapter shall mean any ' person, whether a resident of this city or not, traveling from place to place, from house to house, or from street to street, by foot or by any vehicle for the purpose of selling or soli- citing for sale goods, wares , merchandise or services, other than agricultural products produced or processed in this state. The word "peddler" shall include the term "solicitor. " Sec. 28-2 . Exceptions to chapter. The provisions of this chapter shall not apply to soli- citations, sales or distributions made by charitable, educational or religious organizations which have their principal place of activity in the city. Sec. 28-3 . Refusing to leave. Any peddler who enters upon premises owned, leased or rented by another and refuses to leave said premises after having been notified by the owner or possessor of said premises, or his agent , to leave the same and not return to such premises, shall be deemed guilty of a violation of this ordinance. Sec. 28-4. Entrance to premises restricted. It shall be unlawful for any peddler to enter upon any private premises when the same are posted with a sign stating "No Peddlers Allowed. " Sec. 28-5 . Use of streets . No peddler shall operate in any manner in or on any public street , alley, sidewalk or public grounds of the city, except as may be specifically allowed by the city commission pursuant to such rules and regulations promulgated by the commission for such purposes from time to time. . 3 . • , . • • Sec. 28-5. Sales from vehicle. It shall be unlawful for any person to sell or offer for sale, barter or exchange any fruit, apples , vegetables, melons, butter , cheese, eggs , poultry, fresh or cured meats or any other commodity from any motor truck or vehicle of any kind or from any temporary stand while located in any public street in the city. Sec. 28-7 . Misrepresentation. It shall be unlawful for any peddler to make false or fraudulent statements concerning the quality or nature of his goods , wares , merchandise or services for the purpose of inducing another to purchase the same. Sec. 28-8 . Hours of operation. It shall be unlawful for any peddler to engage in the busi- ness of peddling between the hours of one-half (�,/2) hour before sunset and 9 : 00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer . ARTICLE II . PERMIT Sec. 28-20. Required. It shall be unlawful for any person to engage in business as a peddler within this city without first obtaining a permit so to do. Sec. 28-21 . Application. The application for a permit required by the provisions of , this article shall : � (a) Contain a statement as to whether or not the applicant has been convicted of any crime, misdemeanor or viola- tion of any state or federal law or municipal ordi- nance or code; the nature of the offense; the punishment or penalty assessed therefor, if previously convicted; and the place of conviction. (b) Whether the applicant , upon any sale or order, shall demand, accept or receive payment, or deposit, of money in advance of final delivery. (c) The period of time the applicant wishes to engage in business within the city. (d) The local and permanent address of the applicant . . , . `. - . (e) The local and permanent address and the name of the person, if any, that the applicant represents . (f) The kind of goods , wares , merchandise or services the applicant wishes to engage in such business within the city. (g) The last five (5) cities or towns wherein the appli- cant has worked before coming to this city. (h) Such other relevant information as the chief of police may require for the investigation of the applicant . Sec. 28-22 . False information. It shall be unlawful for any person to give any false or misleading information in connection with his application for a permit required by this article. Sec. 28-23 . Issuance. No permit shall be issued by the Finance Office under the provisions of this article until the applicant shall have complied with all the provisions and requirements of this chapter . Sec. 28-24. Issuance restricted. No peddler' s permit shall be issued to a corporation, part- nership or other impersonal legal entity, but each individual person engaging in the business of peddling within the city shall be required to have a permit whether acting for himself or as an agent or representative of another. Sec. 28-25 . Contents of permit . Each permit issued under t,�e provisions of this article shall be signed by the Finance officer, shall be dated as of the date of its issuance, and shall state the duration or term of such permit on the face thereof. Any permit not dated and signed as herein provided, or which was issued in violation of this section, shall be void. Sec. 28-26. Display. Every peddler having a permit issued under the provisions of this article and doing business within the city shall display his permit upon the request of any person, and failure so to do shall be deemed a violation of this ordinance. Sece 28-27 . Fee. Before any per�it shall be issued under the provisions of this article, the an_�licant therefor shall pay a fee of twent� dollars (�20. 00) per �:•�onth. ., '�. . : ,� • Sec. 28-28 . Revocation. Any permit issued under the provi.sions of this article may be revoked for the violation by the permittee of any provision of this Code, state law, or city ordinance. Upon such revoca- tion, such permit shall immediately be surrendered to the City Finance Officer, and failure to do so shall be a violation of this ordinance. Sec. 28-29 . Chapter 22 Applicable. The provisions of Chapter 22, insofar as the same may be applicable and not in conflict, shall apply to and govern the issuance of any permit under the provisions of this article. II . Any and all Ordinances in conflict herewith are hereby repealed. FIRST READING: July 15, 1986 SEOOND READING: July 22, 1986 PASSED AND APPROVED: July 22, 1986 CITY OF BROOKINGS (SEAL) � �� � Mayor ATTEST: � ity F anc fficer