HomeMy WebLinkAboutord1986-0221
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ORDINANCE FAILED 4 -3 -86
INTRODUCED BY: Consent
PROPOSED BY: County Executi
DATE INTRODUCED: 3 -6 -86
ORDINANCE NO. 86 -22
AN ORDINANCE DEFINING, REGULATING AND LICENSING
PEDDLERS AND PROVIDING PENALTIES FOR THE
VIOLATION THEREOF AND ADDING A NEW CHAPTER 5.53
TO THE WHATCOM COUNTY CODE.
WHEREAS, Whatcom County does not presently have a business licensing
requirement for persons who travel from place to place within the county
selling merchandise that is carried with them; and
WHEREAS, the Whatcom County Council has determined that a system to
license door to door sales can be a deterrent to fraudulent and illegal sales
practices, and that as such, both the interest of the public as well as that
of the reputable salesperson is served,
NOW, THEREFORE, BE IT ORDAINED that there is hereby added to the Whatcom
County Code a new chapter numbered 5.53 and titled Peddlers, which is to read
as follows:
Section 5.53.010: Permit and License Required - It shall be unlawful for any
person to engage in the business of peddler as defined in Section 5.53.020 of
this ordinance within the unincorporated limits of Whatcom County without
first obtaining a license therefore as provided herein, except as follows:
(a) Private and public non - profit agencies and organizations and their
members and volunteers, who as part of fund raising for that organization act
as peddlers, shall not be required to obtain a peddlers license provided that
such organization or agency notifies the Sheriff's Office of their intent to
conduct such a fund .raising activity and provides the Office with the follow-
ing information:
ORDINANCE -1-
Date drafted 2/18/86
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(1) Name of organization;
(2) Name of person in organization who is, responsible for fund
raising sales;
(3) Verification of tax exempt non - profit status;
(4) Nature and type of product or commodities being sold; and
(5) Period during which the organization or agency will be conduct-
ing door to door sales.
(b) Persons, businesses or other entities who for profit act as fund
raising agents for private or public non - profit organizations shall not be
exempt from the license requirement.
All persons acting as peddlers for a fund raising activity for a private
non - profit agency shall make known to the customer, at or before the time of
sale, the name of the organization that is conducting the sale.
Section 5.53.020: Definitions - (a) The word "person" as used herein shall
include the singular and the plural and shall also mean and include any
person, firm, or corporation, association, club, co- partnership or society, or
any other organization.
(b) The word "peddler" as used herein shall include any person,- whether
a resident of Whatcom County or not, traveling 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 transporting goods,
wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm
products or provisions, offering and exposing the same for sale, or making
sales and delivering articles to purchasers.
Section 5.53,030: Application - Applicants for a license under this ordinance
must file with the County Sheriff a sworn application in writing (in dupli-
cate) on a form to be furnished by the County Sheriff, which shall give
the following information:
(a) Name of the applicant;
(b) Address (legal and local);
ORDINANCE -2-
Date drafted 2/18/86
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(c) A brief description of the nature of the business and the goods to
be sold and in the case of products of farm or orchard, whether produced or
grown by the applicant;
(d) If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
(e) The length of the time for which the right to do business is
desired;
(f) If a vehicle is to be used, a description of the same, together
with license number or other means of identification;
(g) Two (2) identical photographs of the applicant, taken within 60 days
immediately prior to the date of the filing of the application, which pictures
shall be 2" by 2" showing the head and shoulders of the applicant in a clear
and distinguishing manner;
(h) The fingerprints of the applicant and the names of at least two
reliable property owners in Whatcom County, who will certify as to the
applicant's good character and business responsibility, or, in lieu of the
names of references, any other evidence as to the good character as will
enable an investigator to properly evaluate such character and business
responsibility;
(i) A statement as to whether or not the applicant has been convicted
of any crime, misdemeanor, or violation of any municipal ordinance, the
nature of the offense and the punishment or penalty assessed therefor;
(j) State tax number;
(k) At the time of filing the application a fee of $25.00 shall be paid
to the County Sheriff to cover the cost of investigation.
Section 5.53.040: Investigation and Issues - (a) Upon receipt of such
application, the County Sheriff shall cause such investigation of the appli-
cant's business and moral character to be made as he deems necessary for the
protection of the public good.
(b) If as a result of such investigation the applicant's character or
business responsibility is found to be unsatisfactory, the County Sheriff
shall disapprove the application and return the application to the applicant,
ORDINANCE -3-
Date drafted 2/18/86
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together with a written statement as to the reason for denial. Such denial
shall be mailed, postage pre -paid, to the applicant at the. address shown on
the application.
(c) If as a result of such investigation the character and business
responsibility of the applicant are found to be satisfactory, the County
Sheriff shall approve the application and execute a license addressed to the
applicant for the carrying on of the business applied for. Upon payment of
the prescribed fee, the applicant shall be issued a license. Such license
shall contain the signature of the issuing officer and shall show the name,
address and photograph of said licensee, the class of the license issued
and the kind of goods to be sold thereunder, 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 peddling. The
County Sheriff shall keep a permanent record of all licenses issued.
Section 5.53.050: Fees - (a) Monthly license: $15.00 per month; Annual
license: $100.00 per year;
(b) Basis of Fees. For the purpose of this ordinance any period of
not more than 31 calendar days shall be considered one month; any period of
more than 31 calendar days and not more than one calendar year shall be
treated as a year. The annual fees herein,provided for shall be assessed on a
calendar year basis and on and after July first the amount of the fee for such
annual licenses shall be one -half the amount stipulated for the remainder of
the year.
Section 5.53.060: Transfer - No license issued under the provisions of this
ordinance shall be used at any time by any person other than the one to whom
it was issued.
Section 5.53.070: Loud Noises and Speaking Devices: - No peddler, nor any
person in his behalf, shall shout, make any cryout, blow a horn, ring a bell
or use any sound devices, including any loud speaking radio or sound amplify-
ORDINANCE -4-
Date drafted 2/18/86
1 ing system upon any of the streets, alleys, parks or other public places of
2 said county or upon any private premises in the said county where sound of
3 sufficient volume is emitted or produced therefrom to be capable of being
4 plainly heard upon the streets, avenues, alleys, parks, or other public
5 places, for the purpose of attracting attention to any goods, wares or
6 merchandise which such licensee proposed to sell.
7
8 Section 5.53.08: Use of Streets - No peddler shall have any exclusive right
9 to any location in the public streets, nor shall any be permitted to a
10 stationary location, nor shall he be permitted to operate in any congested
11 area where his operations might impede or inconvenience the public. For the
12 purpose of this ordinance, the judgement of a Deputy Sheriff, exercised in
13 good faith, shall be deemed conclusive as to whether the area is congested or
14 the public impeded or inconvenienced.
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16 Section 5.53.090: Exhibition of License - Peddlers are required to exhibit
17 their licenses at the request of any citizen.
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19 Section 5.53.100: Duty of Sheriff to Enforce - It shall be the duty of any
20 Deputy Sheriff of Whatcom County to require any person seen peddling, and who
21 is not known by such Deputy to be duly licensed, to produce his peddler's
22 license and to enforce the provisions of this ordinance against any person
23 found to be violating the same by issuing a notice of infraction which shall
24 be signed by the person to whom the notice is issued. Persons failing to sign
25 such notice upon request of the issuing officer, shall be guilty of a misde-
26 meanor as defined by state law.
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28 Section 5.53.110: Records - The County Sheriff shall maintain a record for
29 each license issued and record the reports of violation therein.
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31 Section 5.53.120: Revocation of License - (a) Licenses issued under the
32 provisions of this ordinance may be revoked by the Sheriff or Whatcom County
ORDINANCE -5
Date drafted 2/18/86
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after notice and for any of the following causes:
(1) Fraud, misrepresentation, or false statement contained in the
application for license;
(2) Fraud, misrepresentation, or false statement made in the course
of carrying on his business as peddler;
(3) Any violation of this ordinance;
(4) Conviction of any crime or misdemeanor involving moral turpi-
tude;
(5) Conducting the business of peddling in an unlawful manner or in
such a manner as to constitute a breach of the peace or constitute a menace
to the health, safety, or general welfare of the public.
(b) Notice for revocation of a license shall be given in writing,
setting forth specifically the grounds of complaint. Such notice shall be
mailed, postage pre -paid, to the licensee at his last known address.
Section 5.53.130: Appeal - Any person aggrieved by the action of the County
Sheriff in the denial of an application for a license as provided in Section
5.53.040 of this ordinance, or in the decision with reference to the revoca-
tion of a license as provided in Section 5.53.120 of this ordinance, shall
have the right of appeal to the Whatcom County Council. Such appeal shall be
taken by filling with the Council, within, fourteen (14) days after notice of
the action complained of has been mailed to such person's last known address,
a written statement setting forth fully the grounds for the appeal. The
Council shall set a time and place for a hearing on such appeal and notice of
such hearing shall be given to the appellant in the same manner as that
provided in Section 5.53.120(b) Notice of Revocation. The decision and
order of the Council on such an appeal shall be final and conclusive.
Section 5.53.140: Expiration of License - All. annual licenses issued under
the provisions of this ordinance shall expire on the .31st of December in the
year when issued. Other licenses than annual licenses shall expire on the
date specified in the license.
ORDINANCE -6-
Date drafted 2/18/86
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Section 5.53.150: Penalty - Any person, firm or corporation found to be
violating any of the provisions of this ordinance shall be guilty of an
infraction and upon conviction thereof shall be punished by a civil penalty
not to exceed one hundred dollars ($100.00) on a first offense, and a civil
penalty not to exceed five hundred dollars ($500.00) on any subsequent
offense. Upon the third or subsequent conviction, the civil penalty shall
not be suspended or deferred.
Section 5.53.160: 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 unconstitutional,
such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this ordinance but they shall remain in
effect, it being the legislative intent that this ordinance shall stand
nonwithstanding the invalidity of any part.
Section 5.53.170: Repeal of Conflicting Ordinances - All ordinances or parts
of ordinances inconsistent with the provisions of this ordinance, be and the
same are hereby repealed.
Section 5.53.180: Effective Date - This ordinance shall take effect from and
after its passage and publication as provided by law.
APPROVED this day of , 19 .
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
Carol Ebergson
Clerk of the Council
ORDINANCE -7-
Date drafted 2/18/86
Donald G. Hansey
Chairman
( ) APPROVED
Shirley Van Zanten
County Executive
Date:
( ) VETOED
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APPROVED AS TO FORM:
dall J. Wat s
Civil Deputy Pro cuting Attorney
Published on
ORDINANCE -8-
Date drafted 2/18/86
and
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