HomeMy WebLinkAbout~Master - Changes pertaining to transient merchants ORDINANCE NO. 3931
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTION 17.26 THEREOF AND
READOPTING THAT SECTION REVISED FOR THE PURPOSES OF
CHANGING THE HOURS OF PERMITTED ACTIVITY TO 8:00 A.M.TO 8:00
P.M. AND PROHIBITING SOLICITATION FROM A PREMISES WITH A
POSTED "NO SOLICITORS" SIGN; REPEALING ORDINANCES IN
CONFLICT TO THE EXTENT OF CONFLICT; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT RESOLVED,by the City Council of the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be hereby amended by repealing Section 17.26 and
readopting the same to state:
"Sec. 17.26. PEDDLERS,SOLICITORS,AND TRANSIENT MERCHANTS.
(1) Each and every person engaged in residence to residence solicitation of orders for goods
or services,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
intermittent 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 person 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) Each and every person engaged in residence to residence solicitation of gifts or donations
who is not associated with a permanent office or home in the city where someone will receive and respond
to inquiries for information and identification, shall first obtain and wear, in a manner plainly visible, a
registration and identification badge issued by the City Clerk.
(4) For the 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 organized 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 supplier of the product.
(g) Proof of the state sales tax permit or exemption from state and federal taxing
authorities.
(h) If employed by or working in association with a corporation, the state of its
incorporation, whether it is authorized to do business in Iowa, and evidence that the corporation has
designated a resident agent within 50 miles of the City upon whom legal service may be made and that the
corporation will be responsible for the acts of its employees and or associates in the City; a�a.R,a-;a*"h--
(i) A statement as to whether or not applicant has been convicted of any crime,
misdemeanor,or violation of any municipal ordinance other than a traffic violation,the nature of the offense,
and the penalt�-impen4-
0) The last municipalities, not exceeding three, where applicant carried on
activities for which registration is sought immediately preceding the date of application and the addresses
from which such business was conducted in those cities.
(5) The City Clerk shall,within five days of an application for registration being submitted,
either issue the registration badge or a detailed explanation of why the application is not acceptable. The
City Clerk shall refuse to register persons who fail to furnish complete or accurate information, and
registration shall be invalidated if it is found that false information was provided. Registration shall be
denied if the applicant has violated this ordinance,or had registration hereunder revoked or invalidated in
the past six months.
(6) Each adult person shall produce a photograph-driver's license,or if they have no such
license,a passport or other official photographic identification. Minor children's identification shall be any
reasonable means that establishes the child's identity and the identity of the child's parent or guardian.
(7) 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.
(8) The provisions of this section do not apply in the following cases:
(a) 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;
(b) to persons who make regularly scheduled route deliveries in residential areas
of goods or services,e.g.newspaper carriers,lawn services,cable television service,dairy product delivery
service;
(c) to non-profit groups or events associated with some permanent office or home
in the city where someone will receive and respond to inquiries for information about the sale or solicitation
and identification of the persons involved.
(9) The aforesaid registration badge shall be valid for sixty days from its date of issuance.
(10) No person shall engage in the activities described in Subsections (1) and (3) above,
between the time of 8:00 p.m and 8:00 a.m.
(11) Persons found to be acting in violation of this section shall be ordered by the police to
cease immediately until in compliance with this section. Failure or refusal to obey such order shall be
punishable as a misdemeanor.
(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. When three(3)or more businesses intending activity described in subsection(2)
(Transient Merchants)are brought together at one place under the auspices of a non-selling organization that
performs the required registration tasks for each of the persons to be so engaged,and brings that completed
material to the City Clerk in advance of the selling event,only a single registration fee shall be charged,and
photographs shall not be required. When persons as aforesaid come together at one place under the auspices
of an organization exempted by subsection(8),no registration or fee shall be required.
(13) The City Clerk shall, after reasonable notice and opportunity for hearing, revoke any
registration issued under this division where the registrant,in the application for the registration or in the
course of conducting his/her activity,for which registered,has made statements constituting a fraudulent
practice as defined by Subsection 714.8(6) Code of Iowa. Notice of the hearing for revocation of a
registration shall be given in writing,specifically setting forth the grounds of the complaint and the time and
place of the hearing.
(14) (REPEALED)
(15) It shall be a violation of this section for any person,whether registered or not registered,
while soliciting,peddling,or selling,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.
(16) Violation of this section shall be a municipal infraction punishable by a penalty of$100 for
a person's first violation thereof and$200 for each repeat violation. Alternatively,violation of this section
can be charged by a peace office of the City as a simple misdemeanor."
Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 20' day of November ,2007.
Diane R.Voss,City Clerk Ann H.Campbell,Mayor