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HomeMy WebLinkAbout1978-2203 REGULATING “PEDDLING”, “STREET SALES” & “STREET SELLING”. 110 ORDINANCE NO. ARO3 AN ORDINANCE relating to licenses and business regulations; regulat- ing "peddling", "street sales" and "street selling"; defining terms; amending Sections 5.56.020, 5.56.040, and 5.56.051 of the City of Yakima Municipal Code; and declaring an emergency. • BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.56.020 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.56.020 Definitions For the purpose of this chapter, the following definitions of terms shall apply: 1. 'Peddling' means the sale, offering for sale or attempted sale of goods, wares, merchandise, ser- vices, magazine subscriptions, one or more lots or space in any cemetery, memorial park or 111 • memorial gardens, or burial permits, by personal solicitation upon private property occupied as a residence whether in single family dwellings, duplexes, apartment houses, hotels or trailer camps, or any other place occupied privately for residence purposes. 2. 'Street sales' or 'street selling' means sales, offering for sale or attempted sales of goods, wares, merchandise or services upon the streets, alleys or other public thoroughfares, or upon public parks or playgrounds, of the City of Yakima. Section 2. Section 5.56.040 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.56.040 Street sales declared'nuisance--Exceptions-- Permit. • A. Except for 'street selling' or 'street sales' as regulated by Subsection B of this section pertaining to activities upon public parks or playgrounds or on • landscaped areas within the Central Business District of the City, street sales or street selling are declared to be a public nuisance except as a temporary expedient involving matters of public interest. It is unlawful for any person, firm or corporation to engage in street sales or street selling, except as provided by Subsection B of this section, in the City of Yakima without first obtain- ing a permit issued by or under the direction of the City Manager, which permit shall be subject to the following: 1. No permit shall be issued unless in the opinion of the City Manager the public interest is in- volved and the public welfare will be advanced. 2. Each permit shall be subject to such terms and conditions as the City Manager shall pres- cribe and shall be issued for a permit of not to exceed one week. 411 B. It shall be unlawful for any person, firm or cor- poration to engage in 'street selling' or 'street sales' upon any public park or playground of the City, or upon any landscaped area within the Central Business District as defined by Section 9.10.090 of this code, unless such activities are conducted pursuant to a concession agree- ment approved by resolution of the Yakima City Council." Section 3. Section 5.56.051 of the City of Yakima Municipal III Code is hereby amended to read as follows: "5.56.051 Limits wherein street selling prohibited. It is unlawful for any vendor engaged in street selling to sell within the Central Business District as defined by Section 9.10.090 of this code, except pursuant to a concession agreement authorized pursuant to Section 5.56.040 of this chapter, or on any of the following streets within the City of Yakima: Tieton Drive, Summitview Ave. , nut; Yakima Avenue, Lincoln Avenue, Nob Hill Boulevard, Wal- nut street east of llth Avenue, Mead Avenue, Crescent Drive (40th Avenue), Englewood Avenue, 32nd Avenue, 24th Avenue, 16th Avenue, 5th Avenue, 3rd Avenue, 1st Street, 3rd Street, Naches Avenue, and 6th Street; or within two hundred feet of any public park, school or playground. Provided, that this section shall not apply to those per- sons or firms engaged in the primary business of selling and delivering milk or cream on a regularly established route and who sell and deliver other dairy and related products as an incident to the primary business." Section 4. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 02/ day of art 1978. P elafirA40402gi Mayor ATTEST: C it?? Clerk 111 • -2-