HomeMy WebLinkAbout1996-026 Solicitors ORDINANCE NO. 96- 2 6
AN ORDINANCE relating to licenses and business regulations, correcting a
constitutional infirmity and updating a cross - reference
contained in the chapter dealing with peddlers to protect
against criminal activity, including fraud and burglary,
minimize the unwelcome disturbance of citizens and the
disruption of privacy and to otherwise preserve the public
health, safety and welfare by regulating, controlling and
licensing door -to -door solicitors, street sales, and peddlers,
amending sections 5.56 010, 5.56 020, 5.56 050, and 5 56 051,
enacting new sections 5.56 022, 5.56 024, 5.56 026, 5 56 030,
5.56 040, 5.56.042, 5.56.044, 5.56 046, 5.56 048, 5.56 052, 5.56.054,
5.56 060, 5.56 062, 5.56.064, 5.56 068 and 5.56.080, and repealing
Chapter 5.72, all of the City of Yakima Municipal 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.
!II
f or sale or atten - : - . - :22= , - , -- - - ,
mag azine subscriptions, one or more lots or space in any cemetery,
trailerr any other place .occupied privately for residence
purposes.
B. Peddling Declared Nuisance Prohibited. It is
reeog -- - - - - - - - ' - - : ' - - : :. - : - - : •
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-.
"5.56.010 Definitions
The following words, terms, and phrases, and their
derivations, when used in this Ordinance, shall have the meanings
ascribed to them in this Section, except where the context clearly
indicates a different meaning
(a) Charitable means and includes the words patriotic,
philanthropic, social service, health, welfare, benevolent,
• educational, civic, cultural, religious or fraternal, either actual or
purported
Page 1
(b) Contributions mean and include the words alms,
410
money, subscription, property or any donations under the guise of a
loan or money or property
(c) Department means the City of Yakima Code
Administration Division.
(d) Director means the Code Administration Manager of
the City of Yakima or his designee
(e) Peddler means any person who goes upon the premises
of any private residence in the City, not having been invited by the
occupant thereof, carrying or transporting goods, wares,
merchandise or personal property of any nature and offering the
same for sale This definition also includes any person who solicits
orders and as a separate transaction makes deliveries to purchasers.
(f) Peddling includes all activities ordinarily performed by
a peddler as indicated under paragraph (e) of this Section.
(g) Person means a natural person or any firm,
corporation, association, club, society or other organization.
(h) Solicitor means any person who goes upon the
premises of any private residence in the City, not having been
invited by the occupant thereof, for the purpose of taking or
attempting to take orders for the sale of goods, merchandise, wares,
or other personal property of any nature for future delivery, or for
services to be performed in the future This definition also includes
any person who, without invitation, goes upon private property, to
request contribution of funds or anything of value, or sell goods or
services for political, charitable, religious, or other non - commercial
purposes
(i) Solicitation includes all activities ordinarily performed
by a solicitor as indicated under paragraph (h) of this Section.
(j) Street sales and street 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, but
shall not include sales from lawfully placed vending machines "
Section 2 Section 5 56 020 of the City of Yakima Municipal code is
hereby amended to read as follows.
A. Street Sales Defined. "Street sales" and "street selling"
merchandise or services upon the streets, alleys or public
thoroughfares of the city of Yakima.
B. Street Sales Nuisance. It is recognized and declared
and other thoroughfares of the city of Yakima constitutes an
obstruction of, and a hazard to, the orderly and regular flow of traffic
Pale 2
R i
• upon said thoroughfares and that street selling as defined by
street selling consists of a temporary expedient during parades,
9.50.810 of the City of Yakima Municipal Code, and celebrations and
street selling is conducted in accordance with a permit issued
pursuant to subsection C o f thi seet
C. Street Sales Regulated Permit. It is unlawful for any
person, firm or corporation to engage in street 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
provisions:
1 . No = -- - - _ - -• _ _ . - _ - - -
be-adre-aneedr.
terms and conditions as the city manager shall prescribe and shall be
"5.56.020 Permit Requirements and Exemptions
It shall be unlawful for any person to engage in peddling,
• solicitation, or street sales activities within the City of Yakima.
without first obtaining a permit issued by the Department, provided,
however, that the following are exempted from the provisions of
this Section.
(a) Any solicitation made upon premises owned or
occupied by an orgaruzation upon whose behalf the solicitation is
made,
(b) Any communication by an organization soliciting
contributions solely from persons who are members of the
organization at the time of such solicitation,
(c) Any solicitation in the form of a collection at a regular
meeting, assembly or service of a charitable person, or
(d) Any solicitation for the relief of any individual
specified by name at the time of the solicitation where the solicitor
represents in each case that the entire amount collected shall be
turned over to the named beneficiary,
(e) Sidewalk cafes operating with a lawfully issued permit
under. Chapter 5.80 of this code,
(f) Persons who are the holder of a valid permit under the
provisions of Section 8.52 070 of the City of Yakima Municipal Code
when engaged in peddling or street selling of the services of curb
number painting
(g) Street sales as part of a parade or special event when
such sales are explicitly authorized by a permit issued pursuant to
Pae3
the provisions of Chapter 9 70 of the City of Yakima Municipal
Code "
Section 3 Section 5 56 022 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.022 Permit for Charitable and Public or Private Educational
Organizations.
(a) Charitable groups or organizations and public or
private educational institutions may be issued a permit which
covers the peddling, solicitation or street sales activities of the
charitable group, organization or educational institution.
(b) A permit shall be obtained by a sponsoring person,
company or organization for the conduct of any peddling,
solicitation, or street sales activities involving, in whole or in part, a
sales force of one (1) or more persons
(c) The sponsor shall be responsible for supervising and
controlling the conduct of all persons, including juveniles, peddling
under the sponsor's permit
(d) The sponsor shall provide to each individual in its
sales force a badge or other easily readable form of identification
which identifies the name of the sponsor and the name of the
individual The sponsor shall require all individuals in its sales
all
force to wear such identification so that it is clearly visible at all
times when the individuals are peddling, soliciting, or involved in
street sales "
Section 4 Section 5 56 024 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows
"5.56.024 Permit Application.
(a) Every person subject to the provisions of this
Ordinance shall file with the Director an application in writing on a
form to be furnished by the Department, which shall provide the
following information.
(1) Proof of age, address and identification of the applicant,
to be provided through the applicant's driver's license, articles of
incorporation (for sponsors), or other legally recognized form of
identification,
(2) A brief description of the business or activity to be
conducted,
(3) The hours and location for which the right to peddle,
solicit, or engage in street sales is desired,
(4) If employed, the name, address and telephone number
of the employer, or if acting as an agent, the name, address and
Page 4
telephone number of the principal who is being represented, with
credentials in written form establishing the relationship and the
authority of the employee or agent to act for the employer or
principal, as the case may be,
(5) A statement as to whether or not the applicant has been
convicted of a felony, misdemeanor or ordinance violation (other
than traffic violations), the nature of the offense or violation, the
penalty or punishment imposed, the date when and place where
such offense occurred, and other pertinent details thereof The
Director shall confirm this information through the Yakima Police
Department,
(6) Proof of possession of any license or permit which,
under federal, state or local laws or regulations, the applicant is
required to have in order to conduct the proposed business, or
which, under any such law or regulation, would exempt the
applicant from the licensing requirements of this Ordinance, and
(7) If the applicant is an individual not covered by Section
5.56 022, two (2) photographs of the applicant which shall have been
taken within sixty (60) days immediately prior to the date of filing of
the application. The photographs shall measure 3 inches by 5 inches
and show the head and shoulders of the applicant in a clear and
distinguishing manner
(b) Any person issued a permit under this Section may
request a renewal of the permit by mailing a request for renewal,
including any updates of information required by this Section, to the
Director at least 30 days prior to the expiration of the current
permit "
Section 5 Section 5 56 026 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.026 Fees.
At the time the application is filed with the Department, the
applicant shall pay a fee to cover the cost to the City of processing the
application and investigating the facts stated therein. The permit fee
shall be twenty five dollars for each solicitor, peddler, or street seller
This fee shall be waived for charitable groups or orgaruzations and
public or private educational institutions provided, however, that
the charitable group, organization or educational institution
maintains a permanent business address in Yakima County "
Section 6 Section 5 56 030 of the City of Yakima Municipal code is
• hereby enacted as a new section to read as follows
Page 5
"5.56.030 Bond.
All solicitors requiring cash deposits, or taking orders for cash
on delivery purchases (C 0 D ), or who require a contract of
agreement to finance the sale of any goods, services, or merchandise
for future delivery, or for services to be performed in the future,
shall furnish to the Department a bond in the amount of fifteen
thousand dollars "
Section 7 Section 5 56 040 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.040 Application Review and Permit Issuance.
(a) Upon receipt of an application, the Director, or
authorized representative, shall review the application as deemed
necessary to ensure the protection of the public health, safety and
general welfare
(b) If the Director finds the application to be satisfactory,
the Director shall endorse his approval on the application and shall,
upon payment of the prescribed fee, deliver the required permit to
the applicant.
(c) The permit shall show the name, address and
photograph of the permittee, the class of permit issued, the kind of
goods or services to be sold or delivered, the date of issuance, and
the length of time that the permit shall be in effect. The permit shall
also show the permit number and identifying description of any
vehicle to be used in carrying on the business for which the permit
is issued
(d) A record of all permits issued shall be maintained by
the Department for a period of two (2) years."
Section 8 Section 5 56 042 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.042 Denial of Permit.
(a) Upon the Director review of the application, the
Director may refuse to issue a permit to the applicant under this
Ordinance for any of the following reasons.
(1) The location and time of solicitation or peddling would
endanger the safety and welfare of the solicitors, peddlers or their
customers,
(2) An investigation reveals that the applicant falsified
information on the application,
(3) The applicant has been convicted of a felony,
misdemeanor or ordinance violation involving a sex offense,
trafficking in controlled substances, or any violent acts against 411
Pa 6
persons or property, such conviction being entered within the five
(5) years preceding the date of application,
(4) The applicant is a person against whom a judgment
based upon, or conviction for, fraud, deceit or misrepresentation has
been entered within the five (5) years immediately preceding the
date of application,
(5) There is no proof as to the authority of the applicant to
serve as an agent to the principal,
(6) The applicant has been denied a permit under this
Ordinance within the immediate past year, unless the applicant can
and does show to the satisfaction of the Director that the reasons for
such earlier denial no longer exist; or
(7) The applicant's permit has been revoked under Section
5.56 060 y.
(b) The Director's disapproval and the reasons for
disapproval shall be noted on the application, and the applicant
shall be notified that his application is disapproved and that no
permit will be issued. Notice shall be mailed to the applicant at the
address shown on the application form, or at the applicant's last
known address "
Section 9 Section 5 56 044 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.044 Permit Expiration.
All permits issued under the provisions of this Ordinance
shall expire one (1) years from the date of issuance, unless any
earlier expiration date is noted on the permit "
Section 10 Section 5 56 046 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.046 Permit Exhibition.
Every person required to obtain a permit under the
provisions of this Ordinance shall exhibit the permit when
requested to do so by any prospective customer, police officer, or
Department employee "
Section 11 Section 5 56 048 of the City of Yakima Municipal code is
hereby enacted as a new s to read as follows.
"5.56.048 Transfer Prohibited
It shall be unlawful for any person other than the permittee to
use or exhibit any permit issued under the provision of this
Ordinance "
Pale 7
Section 12. Section 5 56 050 of the City of Yakima Municipal code is
hereby amended to read as follows.
. A. Solicitations for Religious Purposes. The provisions of
this chapter shall not apply to persons and activities which are
governed by the provisions of Chaptcr 5.72, "
for Religious Purposes," of this title.
B. Certain Persons Exempt. The provisions of this- chapter
current issues of magazines, farm products raised by thc vendor
farm products, fish, meat or dairy products is conducted in
accordance with the provisions of Section 5.56.051, 5.56.053 and
5.56.055 hereof.
under Chapter 5.80 of this code. -
shall not apply to persons who arc thc holder of a valid permit
under the provisions of Section 8.52.0 e - - - • = - -
Gcrvices of curb number painting.
"5.56.050 Entry Upon Signed Premises Unlawful.
It shall be unlawful for any person, whether licensed or
unlicensed, while conducting the business of a peddler or solicitor,
to enter upon any residential premises in the City where the owner,
occupant or person legally in charge of the premises has posted, at
the entry to the premises, or at the entry to the principal building on
the premises, a sign bearing the words "No Peddlers." "No
Solicitors." or words of similar import."
Section 13 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.
accordance with a permit issued pursuant to Section 5.56.020C of this
chapter, iIt is unlawful for any vendor engaged in street selling to
sell within the central business district as defined by Section 9.10.090
Tieton Drive, Summitvicw Avenue, Yakima Avenue, Lincoln
Pae8
•
Avcnuc, Nob Hill Boulevard, Walnut Street cast of 11th Avenue,
M Avcnuc, Crescent Drive (40th Avenue), Englewood Avenue,
32nd Avcnuc, 24th Avenue, 16th Avcnuc, 5th Avcnuc, 3rd
Avcnuc, First Street, 3rd Street, Nachos Avcnuc, 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 14 Section 5 56 052 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows. ,
"5.56.052 Hours of Solicitation.
No person, while conducting the activities of a peddler or
solicitor, whether licensed or unlicensed, shall enter upon any
private property, knock on doors or otherwise disturb persons in
their residences between the hours of 9 p.m and 9 00 a.m."
Section 15 Section 5 56 054 of the City of Yakima Municipal, Code is
0 : hereby enacted as a new section to read as follows. ' '
"5.56.054 Limits wherein street selling from vehicles prohibited.
It is unlawful for any vendor engaged in street selling to sell
from a motor vehicle parked on the street right -of -way or any other
public property within the central business district as defined by
Section 9 10 090 of this code, or 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 11th Avenue, Mead Avenue, 40th Avenue, Englewood Avenue,
32nd Avenue, First Street, 3rd Street, Naches Avenue, 6th Street,
Fair Avenue, 5th Avenue between Fruitvale Boulevard and
Division Street, and 3rd Avenue between Lincoln Avenue and
Queen Anne Street, 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 16 Section 5 56 060 of the City of Yakima Municipal code is
Ill hereby enacted as a new section to read as follows.
Pa e 9
"5.56.060 Permit Revocation.
Any permit issued under this Ordinance may be revoked or
suspended by the Director, after notice and hearing, for any of the
following reasons
(a) Fraud, misrepresentation or false statement contained
in the application for a permit,
(b) Fraud, misrepresentation or false statement made by
the permittee in the course of conducting street sales solicitation or
peddling activities,
(c) Conducting street sales, peddling, or solicitation
activities contrary to the provisions contained in the permit,
(d) Conviction for any crime involving moral turpitude,
or
(e) Conducting street sales, peddling, or solicitation
activities in such a manner as to create a public nuisance, constitute
a breach of the peace or endanger the health, safety or general
welfare of the public."
Section 17 Section 5 56 062 of the City of Yakima Murucipal code is
hereby enacted as a new section to read as follows
"5.56.062 Notice and Hearing.
Notice of a hearing for revocation of a permit issued under
this Ordinance shall be provided in writing and shall set forth 0
specifically the grounds for the proposed revocation and the time
and place of the hearing Notice shall be mailed, postage prepaid, to
the permittee at the address shown on the permit application or at
the last known address of the permittee "
Section 18 Section 5 56 064 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows
"5.56.064 Appeals.
(a) Any person aggrieved by the action or decision of the
Director to deny, suspend or revoke a permit applied for under the
provisions of this Ordinance shall have the right to appeal such
action or decision to the City Manager within fifteen (15) days after
the notice of the action or decision has been mailed to the person's
address as shown on the permit application form, or to his last
known address.
(b) An appeal shall be taken by filing with the Director a
written statement setting forth the grounds for the appeal.
(c) The Director shall transmit the written statement to the
City Manager within ten (10) days of its receipt and the City Manager
shall set a time and place for a hearing on the appeal.
Page .7.
(d) A hearing shall be set not later than twenty (20) days
f rom the date of receipt of the appellant's written statement.
(e) Notice of the time and place of the hearing shall be
given to the appellant in the same manner as provided for the
mailing of notice of action or decision.
(f) The decision of the City Manager on the appeal shall be
final and binding on all parties concerned."
Section 19 Section 5 56 068 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows. 1.
"5.56.068 Claims of Exemption.
Any person claiming to be legally exempt from the 4.
regulations set forth in this Ordinance, or from the payment of a
permit fee, shall cite to the Director the statute or other legal
authority under which exemption is claimed and shall present to
the Director proof of qualification for such exemption."
Section 20 Section 5 56 080 of the City of Yakima Municipal code is
hereby enacted as a new section to read as follows.
"5.56.080 Violations and Penalty.
(a) Violation of any of the provisions of this Ordinance
shall be treated as a misdemeanor, and shall, upon conviction, be
punishable as set forth in Chapter 6.04 of the City Code
(b) In addition to any criminal enforcement, the City or
any indr ,idual may pursue any available civil remedies deemed
appropriate and necessary "
Section 21 Chapter 5 72 and Sections 5 72 010, 5 72.020, 5 72 030, 5 72 040,
5 72 050, 5 72.060, 5 72 070, and 5 72 090 are hereby repealed
Section 22 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this • — day of
, 1996
ATTEST Lynn Buchanan, Mayor
�AJtie.w—
City Clerk
Publication Date 4\511 ip
Effective Date S\SYtkP
Page 11
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting Of 4/2/96
ITEM TITLE: An ordinance relating to licenses and business regulations, correcting a
constitutional infirmity and updating a cross - reference contained in the chapter
dealing with peddlers to protect against criminal activity, including fraud and
burglary, minimize the unwelcome disturbance of citizens and the disruption of
privacy and to otherwise preserve the public health, safety and welfare by regulating,
controlling and licensing door -to -door solicitors, street sales, and peddlers, amending
sections 5 56 010, 5.56 020, 5 56 050, and 5 56 051, enacting new sections 5 56 022,
5 56 024, 5.56 026, 5 56 030, 5.56 040, 5.56 042, 5.56 044, 5.56 046, 5 56 048, 5 56 052, 5 56 054,
5 56 060, 5 56 062, 5 56 064, 5 56 068, and 5 56 080, and repealing Chapter 5 72, all of the
City of Yakima Municipal Code
SUBMITTED BY: Jeff B West, Assistant City Attorney
CONTACT PERSON /TELEPHONE: Jeff B West/575 -6030
SUMMARY EXPLANATION: Several decisions from the federal courts, particularly
•' • �. • • .1 .. 1 •, 952 F 2d 1059 (1991), have held that
411 it is a violation of the First Amendment to prohibit the sale of merchandise bearing
political, religious, philosophical, or ideological messages (i e , bumper stickers,
buttons literature, t- shirts, etc ) in the public places of the City In light of these
recent court cases, the City's current peddling and solicitation ordinances merit
revision
The City's current ordinance bans peddling The current ordinance also requires a
permit for street sales and requires licenses for street sales in certain locations within
(Continued on Page 2)
Resolution Ordinance X Contract Other(Specify)
Funding Source ,f
APPROVED FOR SUBMITTAL. : • �� ,G/L7
City Manager
STAFF RECOMMENDATI Pass ordinance.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION.
•
,._..
AGENDA STATEMENT (Page 2)
Item° No
For Meeting Of
SUMMARY EXPLANATION: (Continued)
the City The provisions banning peddling and requiring licenses for street sales at
certain locations are inconsistent with current interpretations of the First
Amendment. The alternative is to create a licensing system which limits the time,
place, and manner of street sales and peddling
Chapter 5 72 of the City Code regulates solicitation of funds for religious purposes
However, the City does not currently regulate solicitation generally In order to
prevent fraud, the City should regulate all solicitation whether for religious, political,
environmental or social causes The proposed ordinance combines solicitation of funds
for religious purposes into a general solicitation, peddling, and street sales ordinance
The proposed ordinance is based upon the National Institute of Municipal Law Officers
model ordinance Peddling would be allowed under the proposed ordinance subject to
several restrictions including the acquiring of a permit and the prohibition against
peddling and soliciting at a premises which is signed no peddlers, no solicitors, or
words of similar import. The proposed ordinance also allows groups such as the Girl
Scouts to acquire an umbrella permit which would allow all the Girl Scouts to sell
cookies without obtaining individual permits Note that the current City ordinance
prohibits the sale of Girl Scout cookies door to door The proposed fee for a permit is
twenty -five dollars The proposed ordinance retains several limits on street selling
near public parks or schools due to the drug sales and litter problems that have been
associated with such activities in the past The ordinance also prohibits street selling
from motor vehicles on the major thoroughfares of the City in order to avoid traffic
congestion and litter problems Adoption of this ordinance or some variation thereof
is recommended to protect the City from liability for violation of civil rights,
particularly rights under the First Amendment Adoption of this ordinance should
have no other major fiscal impact upon the City
Based upon recent input from members of the City Council, the attached ordinance was
modified to allow charitable organizations and educational institutions to obtain
blanket permits and to renew permits by mail A fee waiver for charitable
organizations and educational institutions is included However, groups which do not
maintain a business address in Yakima County will be required to pay the fee to cover
the increased costs of investigating and monitoring out of county groups
0
'�L