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HomeMy WebLinkAbout1102 Solicitors and Peddlers 1 ORDINANCE- NO. An Ordinance Uefining, Negulating and Licensing Solicitors, Uanvassers, and reddler; and rroviding renalties for the violation 'thereof THE rEuki L vll THE uLe y OF .ASHLAND DO ORDJUTv AS uLLOWS : Section 1. Permit and License Required. It shall be unlawful for any soli- citor, canvasser, or peddler as defined in z>ection 2 of this ordin- ance to engage in such business within the corporate limits of the Uity of Ashland without first obtaining a permit and license therefor in compliance with the provisions of this ordinance. Section 2. ijefinitions. Iat A canvasser or solicitor is defined as any individual, whether resident of the Uity of Ashland or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from glace to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, person€l property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or ex-ooses for sale samr~le of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm, or coruoration, leases or occupies any building, structure, hotel room, or any other place within the city for the sole pur,L_)ose of exhibiting samples and taking orders for future delivery. tb; The word "peddler" as used herein shall include any person, whether a resident of the Uity of Ashland or not, travelling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transrorting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm -,2•oducts or rrovisions, offering and exposing the same for sale, or making sales and delivering articles -1- to purchasers, or who, without travelling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separ::.te transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this ordinance shall be deemed a peddler subject to the -provisions of this ordinance. the word "peddler" shall include the words ,hawker" and "huckster." Section 3. Application. Applicants for permit and license under this ordin- ance must file with the city ~Kecorder a sworn application in writing tin duplicates on a form to be furnished by the city recorder, which shall give the following information: (a) Name and description of the applicant; t b ) eermanent home address and full local address of the applicant; tc) 4 brief description of the nature of the business and the goods to be sold; td) if employed, the name and address of the employer, together with credentials establishing the exact relationship; t e ) The length of time for which the right to do business is desired; tft The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. t g) A photograph of the applicant, t=aken within 60 days immediately prior to the date of the filing of the application, which picture shall be 2" by 21' showing the head and shoulders of .__the applicant in a clear and distinguishing manner; t h) The fingerprints of the an-olicant and the names of at least two reliable property owners of the Uounty of Jackson, Oregon who will certify as to the applicattos good character and business respectability, or, in lieu of the names of references, such other evailable evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; ti) A statement as to whether or not the applicant has been con- victed of any crime, misdemeanor, or violation of any muni- cipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and (j) ii statement by a re,puta.ble physician of the city of i shl',nd, dated not more than ten t10) days prior to submission of the application, certifying the a-eplicInt to be free of conta^ious, infectious, or communicable disease. At the time of filing the application, a fee of x;3.00 shall be paid to the city recorder to cover the cost of investigztion of the facts stated therein. -2- Section 4. Investigation and issuance. ta) Upon receipt of such application, the original shall be referred to the Chief of rolice, who shall cause such investigation of the applicant s business and moral char- acter to be made as he deems necessary for the protection of the public good. tb) If as a result of such investigation, the applicants char- acter or business responsibility is found to be unsatisfactory, the Chief of rolice shall endorse on such application his disapproval and his reasons for the same, and return the said application to the city recorder, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. to) if as a result of such investigation, the character and business responsibility of the applicant are found to be satis- factory, the chief of rolice shall endorse on the application his approval, execute a permit addressed to the applicant for the carry- ing on of the business applied for and return said permit, along with the application to the city ecorderp who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. Ae recorder shall keep a permanent record of all licenses issued. Section 5. Vees. (a) The license fee which shall be charged by the city iecorder for such license shall be x:2.50 per day, x:3.50 per week, V5.C0 per month, 4p1C.00 per year. -3- (b) The annual fees herein provided shall be assessed on a calendar year basis and on or after duly first the amount of such fee for annual license shall be one half the amount stipulated above for the remainder of the year. Section 6. Bxhibition of License. Solicitors, vanvassers, and peddlers are required to exhibit their licenses at the request of any citizen. oection 7. .Duty of rolice to Enforce. it shall be the duty of any police officer of the city of ashland to require any person seen soliciting or canvassing, and who is not known by such officer to be duly license4, to produce his solicitor s, canvassers, or peddlers license and to enforce the provisions of this ordinance against any person found to be violating the same. section 8. itecords. The Chief of eolice shall report to the Qity hecorder all convictions for violation of this ordinance and the City recorder shall maintain a record for each license issued and record the reports of violation therein. Section 9. revocation of License. ti=t rermits and licenses issued under the provisions of this ordinance may be revoked by the Qity judge of the city of Ashland after notice and hearing, for any of the following causes: tla .Fraud, misrepresentation, or false statement contained in the application for license; k2) r,raud, misrepresentation or false statement made in the course of carrying on his business as solicitor, canvasser, or peddler; t3J Any violation of this ordinance; t4) uonviction of any crime or misdemeanor involving moral turpitude; or 5a conducting the business of soliciting, canvassing or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. -4- t b) notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five (51 days prior to the date set for hearing. section 10. rixpiration of License. All annual licenses issued under the pro- visions of this ordinance shall expire on the 31st of oecember in the year when issued. Other annual licenses shall expire on the date specified in the license. oection 11. renalty. Any person violating any of the provisions of this ordinance shall, upon conviction thereof be punished by a fine not to exceed one hundred dollars t;y100.00) or by imprisonment not to exceed 60 days or both such fine and imprisonment. 6ection 12. severance clause. The provisions of this ordinance are declared to be severable and if any section, sentence, clause, or phrase of this ordinance shall for any reason be held to be invalid or uncon- stitutional, such decision shall not affect the validity of the re- maining sections, sentences, clauses and phrases of this ordinance but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part. section 13. xepeal of conflicting ordinances. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance, be and the same are hereby repealed. section 14. That inasmuch as it is deemed necess°ry for the public health, peace and safety of the citizens of ~,shland that the provisions of this ordinance shall be made immediately operative, it is hereby declared that an emergency exists and this ordinance shall be in -5- full force and effect from and after its passage by the Gouncil and approval by the kiayor. 'ihe foregoing ordinance was duly passed under a suspension of the rules at a regular meeting of the mayor and Uommon council held on the day of aeptember, 11:149, the vote being as follows: .yes 6 Ilays :approved: J I mayor To all of which L hereby certify: I U recorder