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HomeMy WebLinkAbout1662 ORDINANCE NO. 1662 AN ORDINANCE defining a~ regulating peddling and defining and prohibiting hawking within the City of Bremerton, establishing procedure for licensing of peddlers, repealing Ordinance No. 910 of the City of Bremerton, as ~nended by Ordinance No. 1331 and Ordinance No. 1626; pro¥iding penalties and declaring an emergency. THE CITY OF BR~.~RTON DOES ORDAIN: Section 1. PEDDL~RS DEFINED: Any person, either as principal or agent, who carries goods, wares or merchandise~ articles, things or personal property of ~atever name or nature or description, from house to house, place to place, or upon any street, highway or public place within the City o£ Bremerton~ for sale, is hereby defined to be a peddler ~ithin the meaning of this ordinance; any person who goes from house to house, dwelling place to dwelling place, or upon any public s~reet, highway or public place ~i6hin the City of Bremerton, soliciting or taking orders for the purchase or sale o£ goods, wares or merchandise~ articles, things or personal property of whatsoever name, nature or description to be delivered in the rupture, is also hereby defined to be a peddler within the meaning o£ this ordinance. Any and all persons claiming to have the right under state or federal law to peddle in the City of Bremerton without payment of license £ee shall nevertheless apply for and secure a peddlers license in the manner set forth in this ordinance and it shall be the duty and responsibility o~~ such persons to establish their right to receive such license ~thout the p~yment of the fees here- inafter set forth to the satisfaction of the Chief of Police of the City of Bremerton, or any police officer or officers he shall designate in the event o£ his a~sence from the Br~merton City Hall. Section 2. .HAWKERS D~FINED: Every person, either as principal or agent, selling, or offering for sale, any goods, ~.~res or merchandise, ~rticles, things or personal property of whatsoever name, nature or description, except newspapers, by peddling the same from house to house, or upon sny street, highway or public place, who shall make public outcry, or give any musical or other public entertai~ent or make any public speech to draw customers or attract notice, is hereby defined to be a hawker withi~a the mes~ing of this ordinance. Hawking is hereby declared to be unlawful in the City of Bremerton~ and any hawker is subject to fine and imprisom~ent as hereina£ter set ~'orth. Section 3. V~]NDING OF FOODSTUFFS FRO~ MOBILe] UNIT: The vending of edible merchandise from a mobile unit parked in a regularly assigned parking place on the city streets of the City of Bre~rton, with the pe~nission and under the direction of the Chief of Police, is hereby defined as peddling and a license may be issued for the operation of such mobile unit ~u~der such rules and regulations as the Chief of Police shall promulgate for the proper su~rvision and control of pedestrian and motor vehicular tra£fic and provided that such mobile ~mit shall be operated as follows: (a) No radio or ~y other sound device shall be used to attract the attention of the public. (b) A receptacle of adequate size shall be provided on said unit for the deposit of refuse an~ waste. (c) A bond in the sum of ~!~100.O0 shall be posted ~ith the City Treasurer o~~ the City of Bremerton, to be i'orfeited if the operator of such mobile unit allo~s refase and waste resulting from his operations to ~ather on the streets or sidewalks ~thin 2~ feet from such mobile unit. (d) In the event it shall become necessary for the City of Bremerton to sweep or otherwise collect rel~use wit?lin 2~ feet from such mobile unit the cost thereof shall be charged to the o~er or opera~tor~ and i~' not paid promptly shall be deducted i~rom the bond provided for herein. (e) Failure to keep the full sm~ oi' ~100.00 posted as a bond as herein provided shall reader any license issued hereunder voidable by ti~e City Council. (f) The o~ner or opera~or o~ such mobile unit vending or peddling edible shall I'ully comply with any anm all Federal, State and City laws re~arding the purity o£ such foodstuffs and the cleanli~ess o±' s~ch unit. (g) The issuance o£ the license herein provided for shall not relieve ti~e owne~' or operator ol~ such mobile unit from securing a~y other licenses required ~y State or Federal law or the ordinances of the C[ty of ]~remerton. Section ~. L!CE~'~£ F~S: The fee for a peddler's license i~ the City o_~' Bremerton shall be ~.00 per day or ~'25.00 Der month. Any person desir.[ng to become a peddl~r in the City oi~ Bremerton shall £'ile a ~w~itten application for such license ~ith the City Clerk, oa a form provided i..~y the City Clerk, and shall deposi[~ with the City Treasurer the s~uu o£ i!~25.OO if a monthly license is applied ~'or or ~!~.O0 if one may,s license is applied for, which the City Treasurer shall hold in trust pen~ing ~he ~].rantiag license, in vhe event s~ch ap~licant claims to have 'the right under State or Federal law to peddle in the City of ~remerton without pa~ent of any license fee, he shall ~.~le with his application an affidavit setting i~orth the salient facts ~hich entitle him to such e~emption, except in the case ol' any veteran ¥~o shall e~ibit to the C~y Clerk his hon- orable discharge a~d other evidence to establish his identity. The city Clerk si~all Ordinance No. 1662 (cont) immediately turn over the said application to the Chie£ o£ Police or his designated represent- ative on the Police Force ~o shall investigate all matters relating to the application, includin~ the moral character and record of the applicant, the proposed method of operation~ the value and q~ality of the merchandise to be sold a~d shall particularly dete~ine whether the granting of the license will be in the interest of or will be against the interest of the public peace, health ~nd safety. In the event the Chief of Police shall approve the granting of s~id application he shall endorse his approval thereon, in ~iting~ and the City Clerk shall proceed to issue the said license. In the event the Chie~TM of Police shall dis- approve said application he shall endorse his disapproval thereon, in ~iting, and t~-~e City Treasurer, on dema~d, shall refund the fee deposited by the applicant; provided, however, that in the event of disapproval by the Chief of Police the a2plicant may~ in ~'~iting, apply for a hearing before the City Council and the City Council shall gr~t to the applicant the right to be heard and may after such hearing grant or refuse to grant ~he license applied for. No license shall be issued for a period longer than one month. Section ~. ~¥~ST PRODUCE LICE~!SE O~,~ DE~.:~,fD: Any person engaging in the business of peddling as defined herein within the City of Bremerton, who has obtained a license therefor from the City Clerk, shall on demand by a~y police of 1'icer forthwith produce the s8~e for inspection. It shall be unlawful to peddle in the City of Bremerton without having first secured a valid and subsisting peddler's license as herei~ set forth. ~ Section 6. PE?.~ALTY: Any person who shall violate any o£ the provisions of this ordinance shall be deemed guilty of a misdemeanor~ and on conviction thereof~ shall be fined in any su~n not exceeding '!~3OO.OO or by imprisomment in the City jail for a oer.iod not exceeding 90 days, or by both such ~'ine and imprisorm~ent. Section 7. REPEAL~[G CL~tUS~: Ordinance ~,[o. 910 of the City of Bremerton, as a?:~ended by Ordinance No. 1331 and Ordinance No. 1626 be, and the same is hereby repealed. Section 8. An emergency exists affecting. -the public peace, health and safety and this ordinance shall tsJ~e effect in~aediately following passage and publication. PASSI~D unanimously by the City Council of the City of Bremerton~ signed by the l.~layor~ an4 attested by the City Clerk in authentication o£ such passage, this 27th day of 1~6. ~ayor ATTEST: