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Related City Ordinances
733.01 DEFINITIONS.
(a) "Peddler" means anyone who sells, offers for sale, barters or exchanges or solicits orders for any goods, wares, produce, merchandise or anything of value or services of any kind or character at any place in, upon, or through the public streets and rights of way; upon public property; or from house to house.
(b) "Itinerant vendor" means anyone who sells, offers for sale, barters or exchanges, or solicits orders for any goods, wares, produce, merchandise or anything of value upon any private property within the City except:
(1) Permanent business locations doing business lawfully under the building and zoning laws of the City.
(2) Anyone who raises the product upon the location from which it is sold, displayed, exchanged or bartered.
(3) Anyone who manufactures such product lawfully under the building and zoning laws of the City upon the location from which it is sold, displayed, exchanged or bartered.
(Ord. 119-2006. Passed 9-28-06.)
733.02 PERMIT REQUIRED.
Every peddler and itinerant vendor, before engaging in the business of selling, bartering or soliciting orders for or offering for sale any thing of value, or who solicits for services of any kind or character within the City, shall secure a permit to do so in the manner hereinafter described. A separate permit is required for each peddler, solicitor, agent, or employee peddling or soliciting within the municipality.
(Ord. 119-2006. Passed 9-28-06.)
733.03 PROCEDURE TO SECURE PERMIT.
All permits required to be secured by this chapter shall be secured from the Building Department of the City in the following manner:
(a) Written application shall be made signed by the person securing such permit.
(b) Such application shall be made by every person engaged in the activity defined as peddler or itinerant vendor.
(c) Such application shall include the following information:
(1) The name, permanent address and birth date of the applicant.
(2) The height, weight, color of eyes and hair of the applicant.
(3) A picture of such applicant satisfactory to the Building Inspector or consent to have the City make the same.
(4) Whether self-employed or name and address of employer or organization for whom he acts.
(5) Social Security number.
(6) Whether applicant has ever been convicted of any crime, and if so the nature of such crime and location of conviction.
(7) Driver's license number and state of issuance.
(8) Make, model, year and current registration number of all vehicles used by applicant.
(9) Location from which such peddler or itinerant vendor shall operate; and written consent of the owner or lessee.
(10) Description of goods, wares, merchandise or services which shall be offered or solicited.
(d) Payment of fees in the sum of twenty-five dollars ($25.00) at the time of making application. Such sum is deemed to be the reasonable cost of processing such application and shall be retained whether a permit is issued or refused.
(Ord. 119-2006. Passed 9-28-06.)
733.04 ISSUANCE OF PERMIT.
(a) A permit shall be issued by the Building Department in the form of a valid identification card for each applicant who is approved.
(b) Approval for a permit shall not be given until three days after the date of application in order to permit the City reasonable time to cause proper investigation of such application.
(c) A permit, if issued, shall be for a period of only thirty days and shall expire upon the expiration of such period.
(d) A permit is renewable for thirty days upon application for renewal and upon the payment of a twenty-five dollar ($25.00) renewal fee.
(e) Such permit may be refused to any person for the following reasons:
(1) Failure to properly complete the application.
(2) Failure to pay the required fee.
(3) Failure to truthfully and completely give all information required of the applicant.
(4) Conviction of a felony offense or crime of moral turpitude.
(5) Reason to believe that such person is a danger to persons or property within the community.
(Ord. 119-2006. Passed 9-28-06.)
733.05 IDENTIFICATION CARD.
All persons required by Section 733.02 to secure a permit, upon the request of any duly authorized police officer, the Building Inspector, Zoning Inspector, Law Director, Mayor, Safety Director or the owner or lessee of private property upon which such person is located at the time of the request, or any duly authorized officers of any organization or school system, shall exhibit a valid identification card.
(Ord. 119-2006. Passed 9-28-06.)
733.06 REVOCATION OF PERMIT; HEARING.
(a) If any person holding a valid permit under Section 733.02 falsifies any information when applying for such permit or fails to comply with any of the requirements or conditions of such permit then such permit shall be revoked by personal notice to the permit holder or by the sending by certified mail, notice of such revocation.
(b) Any person whose permit is revoked pursuant to subsection (a) hereof, may, within three days of the receipt of such notice, file a written appeal of such revocation with the Clerk of Council which contains his grounds for appeal.
(1) Council shall forthwith set a time and place for such hearing and the Clerk of Council shall notify the appellant and the Building Department of such hearing.
(2) The decision of Council upholding or reversing such revocation shall be final.
(Ord. 119-2006. Passed 9-28-06.)
733.07 RESTRICTIONS.
(a) Whether a permit is issued or not under Section 733.02 the following acts shall not be permitted within the City:
(1) The use or operation of noise producing devices employed by vendors or peddlers using motor vehicles, push-carts, tricycles or vehicles of any kind for the sale of ice cream, popcorn, ice sherbets and other frozen desserts, soft drinks, candy, sandwiches, peanuts, popcorn and other similar products when such vehicles are in motion.
(2) Vendors or peddlers employing motor vehicles, push-carts or tricycles for the sale or offering for sale any of the products set forth in subsection (a) hereof, are hereby prohibited from selling or offering for sale any of the products set forth in subsection (a) to any person or persons when such person or persons are on or within any public street, thoroughfare or right of way normally used by motor vehicles.
(3) The business of selling, bartering, soliciting or otherwise seeking to obtain orders for anything of value or for charitable contributions of money, goods, or services between the hours of 8:00 p.m. and 10:00 a.m.
(4) The business of selling, bartering, soliciting, or otherwise seeking to obtain orders for anything of value or for charitable contributions of money, goods, or services where the property occupant has posted a "No Solicitors" sign or words of similar import.
(5) No peddler or itinerant vendor shall engage in the business of selling, bartering, or soliciting orders for or offering for sale anything of value within the Design Control District, as defined in Chapter 1175 of the Tallmadge Code of Ordinances or upon any portion of North Avenue, South Avenue, East Avenue, West Avenue, Northeast Avenue, Northwest Avenue, Southwest Avenue, or Southeast Avenue within the City.
(6) The business of selling, bartering, soliciting, or otherwise seeking to obtain orders for or anything of value or for charitable contributions of money, goods, or services where the property owner, lessee, or occupant has registered with the Tallmadge Building Department as not allowing solicitors or peddlers at such location. The Building Department shall keep such a list of owners, lessees, and occupants so registered as not allowing soliciting or peddling and such list shall be made available at no charge to all permitees under this Chapter. The registration shall remain in effect for five years unless a request is made by one or more property owners or occupants to remove the name sooner.
(b) Nothing in this section shall be construed to prevent the proscribed activities where a prearranged appointment or invitation is made.
(Ord. 119-2006. Passed 9-28-06.)
733.08 EXCLUSIONS.
The provisions of this Chapter shall not apply to Tallmadge Schools, organized Tallmadge athletic associations and other Tallmadge charitable organizations as determined by the Building Department.
(Ord. 119-2006. Passed 9-28-06.)
733.99 PENALTY.
Whoever violates any provision of this Chapter shall be guilty of a misdemeanor of the second degree and shall be subject to the penalties set forth in Section 501.99 of the Codified Ordinances. The provisions of Section 501.11 are also applicable to this Chapter.
(Ord. 119-2006. Passed 9-28-06.)
(a) "Peddler" means anyone who sells, offers for sale, barters or exchanges or solicits orders for any goods, wares, produce, merchandise or anything of value or services of any kind or character at any place in, upon, or through the public streets and rights of way; upon public property; or from house to house.
(b) "Itinerant vendor" means anyone who sells, offers for sale, barters or exchanges, or solicits orders for any goods, wares, produce, merchandise or anything of value upon any private property within the City except:
(1) Permanent business locations doing business lawfully under the building and zoning laws of the City.
(2) Anyone who raises the product upon the location from which it is sold, displayed, exchanged or bartered.
(3) Anyone who manufactures such product lawfully under the building and zoning laws of the City upon the location from which it is sold, displayed, exchanged or bartered.
(Ord. 119-2006. Passed 9-28-06.)
733.02 PERMIT REQUIRED.
Every peddler and itinerant vendor, before engaging in the business of selling, bartering or soliciting orders for or offering for sale any thing of value, or who solicits for services of any kind or character within the City, shall secure a permit to do so in the manner hereinafter described. A separate permit is required for each peddler, solicitor, agent, or employee peddling or soliciting within the municipality.
(Ord. 119-2006. Passed 9-28-06.)
733.03 PROCEDURE TO SECURE PERMIT.
All permits required to be secured by this chapter shall be secured from the Building Department of the City in the following manner:
(a) Written application shall be made signed by the person securing such permit.
(b) Such application shall be made by every person engaged in the activity defined as peddler or itinerant vendor.
(c) Such application shall include the following information:
(1) The name, permanent address and birth date of the applicant.
(2) The height, weight, color of eyes and hair of the applicant.
(3) A picture of such applicant satisfactory to the Building Inspector or consent to have the City make the same.
(4) Whether self-employed or name and address of employer or organization for whom he acts.
(5) Social Security number.
(6) Whether applicant has ever been convicted of any crime, and if so the nature of such crime and location of conviction.
(7) Driver's license number and state of issuance.
(8) Make, model, year and current registration number of all vehicles used by applicant.
(9) Location from which such peddler or itinerant vendor shall operate; and written consent of the owner or lessee.
(10) Description of goods, wares, merchandise or services which shall be offered or solicited.
(d) Payment of fees in the sum of twenty-five dollars ($25.00) at the time of making application. Such sum is deemed to be the reasonable cost of processing such application and shall be retained whether a permit is issued or refused.
(Ord. 119-2006. Passed 9-28-06.)
733.04 ISSUANCE OF PERMIT.
(a) A permit shall be issued by the Building Department in the form of a valid identification card for each applicant who is approved.
(b) Approval for a permit shall not be given until three days after the date of application in order to permit the City reasonable time to cause proper investigation of such application.
(c) A permit, if issued, shall be for a period of only thirty days and shall expire upon the expiration of such period.
(d) A permit is renewable for thirty days upon application for renewal and upon the payment of a twenty-five dollar ($25.00) renewal fee.
(e) Such permit may be refused to any person for the following reasons:
(1) Failure to properly complete the application.
(2) Failure to pay the required fee.
(3) Failure to truthfully and completely give all information required of the applicant.
(4) Conviction of a felony offense or crime of moral turpitude.
(5) Reason to believe that such person is a danger to persons or property within the community.
(Ord. 119-2006. Passed 9-28-06.)
733.05 IDENTIFICATION CARD.
All persons required by Section 733.02 to secure a permit, upon the request of any duly authorized police officer, the Building Inspector, Zoning Inspector, Law Director, Mayor, Safety Director or the owner or lessee of private property upon which such person is located at the time of the request, or any duly authorized officers of any organization or school system, shall exhibit a valid identification card.
(Ord. 119-2006. Passed 9-28-06.)
733.06 REVOCATION OF PERMIT; HEARING.
(a) If any person holding a valid permit under Section 733.02 falsifies any information when applying for such permit or fails to comply with any of the requirements or conditions of such permit then such permit shall be revoked by personal notice to the permit holder or by the sending by certified mail, notice of such revocation.
(b) Any person whose permit is revoked pursuant to subsection (a) hereof, may, within three days of the receipt of such notice, file a written appeal of such revocation with the Clerk of Council which contains his grounds for appeal.
(1) Council shall forthwith set a time and place for such hearing and the Clerk of Council shall notify the appellant and the Building Department of such hearing.
(2) The decision of Council upholding or reversing such revocation shall be final.
(Ord. 119-2006. Passed 9-28-06.)
733.07 RESTRICTIONS.
(a) Whether a permit is issued or not under Section 733.02 the following acts shall not be permitted within the City:
(1) The use or operation of noise producing devices employed by vendors or peddlers using motor vehicles, push-carts, tricycles or vehicles of any kind for the sale of ice cream, popcorn, ice sherbets and other frozen desserts, soft drinks, candy, sandwiches, peanuts, popcorn and other similar products when such vehicles are in motion.
(2) Vendors or peddlers employing motor vehicles, push-carts or tricycles for the sale or offering for sale any of the products set forth in subsection (a) hereof, are hereby prohibited from selling or offering for sale any of the products set forth in subsection (a) to any person or persons when such person or persons are on or within any public street, thoroughfare or right of way normally used by motor vehicles.
(3) The business of selling, bartering, soliciting or otherwise seeking to obtain orders for anything of value or for charitable contributions of money, goods, or services between the hours of 8:00 p.m. and 10:00 a.m.
(4) The business of selling, bartering, soliciting, or otherwise seeking to obtain orders for anything of value or for charitable contributions of money, goods, or services where the property occupant has posted a "No Solicitors" sign or words of similar import.
(5) No peddler or itinerant vendor shall engage in the business of selling, bartering, or soliciting orders for or offering for sale anything of value within the Design Control District, as defined in Chapter 1175 of the Tallmadge Code of Ordinances or upon any portion of North Avenue, South Avenue, East Avenue, West Avenue, Northeast Avenue, Northwest Avenue, Southwest Avenue, or Southeast Avenue within the City.
(6) The business of selling, bartering, soliciting, or otherwise seeking to obtain orders for or anything of value or for charitable contributions of money, goods, or services where the property owner, lessee, or occupant has registered with the Tallmadge Building Department as not allowing solicitors or peddlers at such location. The Building Department shall keep such a list of owners, lessees, and occupants so registered as not allowing soliciting or peddling and such list shall be made available at no charge to all permitees under this Chapter. The registration shall remain in effect for five years unless a request is made by one or more property owners or occupants to remove the name sooner.
(b) Nothing in this section shall be construed to prevent the proscribed activities where a prearranged appointment or invitation is made.
(Ord. 119-2006. Passed 9-28-06.)
733.08 EXCLUSIONS.
The provisions of this Chapter shall not apply to Tallmadge Schools, organized Tallmadge athletic associations and other Tallmadge charitable organizations as determined by the Building Department.
(Ord. 119-2006. Passed 9-28-06.)
733.99 PENALTY.
Whoever violates any provision of this Chapter shall be guilty of a misdemeanor of the second degree and shall be subject to the penalties set forth in Section 501.99 of the Codified Ordinances. The provisions of Section 501.11 are also applicable to this Chapter.
(Ord. 119-2006. Passed 9-28-06.)