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HomeMy WebLinkAbout~Master - Regulating Door to Door Peddling, Soliciting and Transient Merchants ORDINANCE NO. 2974 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY ENACTING A NEW SECTION 17.26 FOR THE PURPOSE OF REGU- LATING DOOR TO DOOR PEDDLING, SOLICITING, AND TRANSIENT MERCHANTS; PROVIDING A PENALTY; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; AND, PROVIDING AN EFFECTIVE DATE BE IT ENACTED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames shall be and is hereby amended by adding thereto a new section as follows: "Sec. 17.26. PEDDLERS, SOLICITORS, AND TRANSIENT , MERCHANTS. (1) Each and every person engaged in residence to residence solicitation of orders for goods or ser- vices, or in residence to residence peddling of things carried along for sale, and who does not have any indoor place in the city where the same selling of goods and services is done by said person on a continuous and permanent basis, shall first obtain and wear, in a manner plainly visible, a registration and identification badge issued by the City Clerk. (2) Each and every person who, for the purpose of selling goods or services, occupies a place out of doors, other than on public property, or who for said purpose occupies an indoor place on an inter- mittent or temporary basis only, and who does not have any indoor place in the city where the same selling of goods and services is done by said per- son on a continuous and permanent basis, shall obtain and wear, in a manner plainly visible, a valid registration and identification badge issued by the City Clerk. (3) For this purpose of registration each person as aforesaid shall provide to the City Clerk, or Clerk's designee the following: (a) Their name, address, date of birth, social security number, height, weight, hair and eye color, and phone number, and if they do not have a permanent residence in this city, the residence and phone number where they reside permanently. (b) Registration for minor children shall be done by a parent or legal guardian, or by a person bearing the notarized authorization of the child's parent or guardian. (c) Persons working for or as a part of an orga- nized crew shall provide the name, address and phone number, as aforesaid, of the person in charge of and responsible for the crew. (d) The make, model, year, state of registration and license number of any and all vehicles being used in connection with the peddling or soliciting. (e) List of the products being sold and the price of each. (f) Name, address and phone number of the sup- plier of the product. (g) Proof of the state sales tax permit or exemp- tion. (4) Each adult person shall produce a photograph- driver's license, or if they have no such license, two other forms of documentary identification. Minor children's identification shall be any reason- able means that establishes the child's identity and the identity of the child's parent or guardian. (5) The identification badge shall be of a distinctive logo and design to show clearly that it has been issued by the City of Ames and shall incorporate a photograph of the registrant taken at the Clerk's office or where the Clerk directs, at the time of registration. (6) The provisions of this section do not apply to those activities which are the subject of the provisions of the street vendors regulations set out in Sections 22. 11 through 22.23 of the Ames Municipal Code. (7) The provisions of this section do not apply to persons who make regularly scheduled route deli- veries in residential areas of goods or services, e.g. newspaper carriers, lawn services, cable television service, dairy product delivery service. (8) The provisions of this section do not apply to community based non-profit groups, that is, service 2 clubs, social groups, school groups, youth organiza- tions, religious or non-profit eleemosynary organiza- tions that have regular meetings of members in the City of Ames and garage sales. (9) Persons found or reported to be peddling or solici- ting as aforesaid without the registration and iden- tification badge shall be ordered by the police to cease until they have such badge. (10) The aforesaid registration badge shall be valid for sixty days from its date of issuance. (11) No person shall engage in the activities subject to this section between the time of sunset and sunrise. (12) Persons obtaining the registration badge pursuant to this section shall pay such fee as the Ames City Council shall set, from time to time, to cover costs of administration and enforcement of the provisions of this section. Section Two. If any part of this ordinance shall be judicially declared invalid or unconstitutional, all the rest and remainder shall stay in full force and effect. Section Three. Violation hereof shall constitute a simple misdemeanor punishable by a fine of fifty dollars for the first offense, and one hundred dollars for the second and each subsequent offense. Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Five. This ordinance shall be in full force and effect from and after its publication as required by law. Passed this 5th day of May, 1987, Nanc Gib ons, City Clerk Larry R. Curtis, Mayor Pro Tem 3