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HomeMy WebLinkAbout1981-2534 DEFINING & REGULATING PEDDLING & STREET SALES. ORDINANCE NO II/ AN ORDINANCE relating to licenses and business regulations; defining and regulating peddling and street sales; amending Sections 5.56.010, 5.56.020, 5.56.050 and 5.56.051, and repealing Sections 5.56.030 and 5.56.040, all of the City of Yakima Municipal 11/ Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.56.010 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.56.010 Peddling defined--Declared a nuisance and prohibited. A. Peddling defined. 'Peddling' means the sale, offering for sale or attempted sale of goods, wares, mer- chandise, services, magazine subscriptions, one or more Aft lots or space in any cemetery, memorial park or 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. B. Peddling declared nuisance--Prohibited. It is recognized • and feclared that peddling, as defined by sub- section A of this section, constitutes a Public nuisance; and it is unlawful for any person, firm or corporation to engage in peddling in the City of Yakima." Section 2. Section 5.56.020 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.56.020 Street sales defined--Declared a nuisance and regulated. A. Street sales defined. 'Street sales' and 'street 411 selling' means sales, offering for sale or attempted sale of goods, wares, merchandise or services upon the streets, alleys or public thoroughfares of the City of Yakima. B. Street sales--Nuisance. It is recognized and declared that the permiscuous sale of merchandise on the streets, sidewalks and other thoroughfares of the City of Yakima constitutes an obstruction of, and a hazard to, the orderly and regular flow of traffic upon said thoroughfares and that street selling, as defined by subsection A of this section, constitutes a public nuisance except as street selling consists of a temporary expedient during parades, authorized by a permit issued pursuant to the provisions of Sec- tion 9.50.810 of the City of Yakima Municipal Code, and celebrations and similar promotions involving matters of public interest, when such selling is conducted in accordance with a permit issued pursuant to Subsec- tion C of this section. C. Street sales regulated--Permit. It is unlawful for any person, firm or corporation to engage in street III sales or street selling without first obtaining a permit issued by or under the direction of the City Manager:,- _ which permit shall be subject to the following provis-ions: 1. No permit shall be issued unless, in the opinion of the City Manager, the public interest is involved and public welfare will be advanced. 2. Each permit shall be issued subject to such reason- able terms and conditions as the City Manager shall prescribe and shall be issued for a period of not to exceed one week." Section 3. Section 5.56.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.56.050 Exemptions. A. Solicitations for religious purposes. The provisions of this chapter shall not apply to persons and activities which are governed by the provisions of Chapter 5.72, 'Solicitation of Funds for Religious Pur- poses', of this Title. B. Certain persons exempt. The provisions of this chapter shall not prohibit the peddling or street sell- ing of newspapers or curr Ent issues of magazines, farm products raised by the vendor thereof, fish caught or meat raised by the vendor thereof, or dairy products, Provided, that the sale of such newspapers, magazines, farm products, fish, meat or dairy products shall be conducted in accor- . dance with the provisions of Sections 5.56.051, 5.56.053 and 5.56.055 hereof." Section 4. Section 5.56.051 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.56.051 Limits wherein street selling prohibited. Except for streets sales and street selling conducted in accordance with a permit issued pursuant to subsection 5.56.020 C of this chapter, 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, or on any of the following streets within the City of Yakima: Tieton Drive, Summitview Avenue, Yakima Avenue, Lincoln Avenue, Nob Hill Boulevard, Walnut Street east of llth Avenue, Mead Avenue, Crescent Drive (40th Avenue), Englewood Avenue, 32nd Avenue, 24th Avenue, 16th Avenue, 5th Avenue, 3rd Avenue, First 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 persons 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 5. Sections 5.56.030 and 5.56.040 of the City of Yakima Municipal Code are hereby repealed. 410 Section 6. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. SSED BY THE CITY COUNCIL, signed and approved this zirliay o 2L dgms , 1981. ATTEST' ,sL_, Mayor J---