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HomeMy WebLinkAboutOrdinance 377 N.C.S. 01/24/1955OR6114ANCE NO. 377 N: C. S. (c) If employed, the 'name and pLcation for such hearing shall be address of the employer. made upon forms, to be furnished by Introduced by Councilman ALBERT a) The names, and addresses of the. Police Department, and such hear- :. BIGELOW at icast two (2) reliable residents of ing shall be held within fifteen (15) 3tcunded. by Councilman WALLACE the State of California who will cer- days after "said application for hearing .f„'.,DAMS tify -he applicant's good character is filed. Notice of the time. and place -- d business, responsibility, or, in of hearing, by the City Manager shall kN ORDINANCE, DEFINING. ` ND lieu of the names of references, . be given to the applicant and to the "REd',Sli't:TING SOLICITORS - AND any other available evidence as to Chief of Police of the City of Peta- EDDL'EPS IN THE CITY OF PET- the bo3d character .and business i2spoi s.bihty of the applicant as luma. Within five (5) days after the said 'hearing, the City Manager shall ALUNIA; ' PROVIDING PENALTIES FOR THE VIOLATION 'THEREOF; will enable. an investigator to prop- make an order 'to either revoke or ' ?'ill REPEALING ORDINANCE NO, -C. ei y evaluate such character and I n ss r sponsibility. reinstate the permit. Section "9. APPEAL. Any person t11 N. S., -AS AMENDED BY ORDI-N ONCE NO. 118 N. C. S., AND i statement as to whether or aggrieved by the action of the Chief T ORDINANCES IN CONFLICT nut ch.,)l scant had been.convicted of Police in disapproving the applica- IIEIiEWP H. ui ai y tr ,u misdemeanor, or vio- tion foi• a .permit, or by the action of latiuIn of any niunicitial ordinance; the City Manager in revoking a per - BE i-61 ORDAINED BY, THE COUN- including to nature of the offense mit under this ordinance, shall have L'P Oi' TfiE CITY'OF' PETALUMA AS and the punishment or penalty as- sessed therefor:. the right„f. °appeal to the Council of the City of Petaluma. Such appeal FOLLOWS: Sect:oii 1. DEFINITIONS. For Section 4 INVESTIGATION AND shall be taken by filing with the City .the e f certain purpwe of th s ordinance, certain fS..UANCE OF. PERMIT. ` (a) Upon receipt of said applica- Clcrk a 'written, statement of the grounds Fur the appeal%,within four - tb4sd under Sections We wai•as 1.3, and J.5 of this ordinance. the . ti 'inal shall be retained teen (14) days after notice. of the de- .1.2, .1.4 Section 1,1 PERSON. 'Me word "Per- by' the Chi f of Police, who shall' ;, cisioii by the Chief of Police or the onas ii6d h rein shall include the the ` shall cause such investigation' of the ap-- pli'=an Cs business and moral chart City Manager. The Council'. shall set a -time and=place for ,hearing such .an singular and plural and also. meal- and include any person, actrr to be made, as he :deems neces-, appeal and notice of -such- time and firm, or corporation, association, club, nary foe the prdt'ect on of the pub is - however given.by. the City Clerk place shall be y co -partnership or society, or any other goo provided that said - - nti<sttf anon be completed ao0. the applicant or permit holder, Chief of Police and City' Manager, at organization. Section +1:2. PEDDLER. The word .shall `�'- i ten' (10) days after receipt least fire (5) days prior to the date "Peddler" as usjd herein shall in- of t ke appiicati.on. As ,a part of said-- set frr the hearing. The. City Council rhfde i,g. person, whether_ a r.;'sident inv st.gation, the applicant shall " ebmit to his finger -prints being shall act upon- such a eal within s' PP five (5) day`s after said hearing and of the sty of Petaluma or not, travel• Ina by foot, wagon, automotive ve- taken. the decision of the Council shall be hide ar "any other type of convey- a (b) if as a result of such investi- gation, the applicant's character or final. Section 10. UNTLAWFUL, TO PEDDLE aiice, from place, place; from house to. house,, or from street to street, tins Hess responsibility is found to OR SOLIC IT ON CERTAIN PREMI- carrying, 'conveying, or transporting be uatsiactory, the Chief of Police .- 6udcrse oil such ;ppplicatio'n gf S. It shall be unlawful for any peddler or solicitor or any person pre - goods, wares and merchandise, and p"p. onal property of any nature what- msldisapproval and his reasons for tending --to be-, peddler or solicitor ever; .offering and exposing the same the ^same, and shall notify the ap- Tlicarit that his application is disap- to ring the bell or knock at any building whereon there is printed or .for sale; or making sales and deliver- ' itw articles to purchasers; or',who, 1 roved and that no permit will be affixed or otherwise displayed to pub- i .traveling from place to place, iie11 issued. (c') If as a result of such investi- lie, view any sign containing any or all of the following words, to wit: snail or offer the same for sale fiom a wagon, automotive vehicle, g'ation, the character and business \o Pead' -rs", "No Solicitors", or railroad car, or other vehicle or con- _ . respensibility of`, ,the applicant are found to be satisfactory; the Chief "N^ Agents", or which otherwise pur- ports to prohibit peddling or soliciting ports P reyance, aird further provided that one woo solicits orders and as a separate 'n Iaside shall endorse oil the oro on suio premises. 'transacti'on makes deliveries to pur- seal a ,d' duplicate of the application his approval, and deliver the dupli- Section 11. UNLAWFUL REPRESEN- TATiON AS PEDDLER OR SOLICITOR, chasers, as, a part of a scheme or de- sign to evade the of this cate to th. applicant, Thereupon It sh:•11 be unlawful for any y peddler .provisions ordinance shall be deemed a peddler the. applicant hall present the ap• proved duplicate' of application to or solicitor to represent by words, action that he is some subject to the provisions of this ordi= niece: The word "Peddler" shall' in. tile. 'Pax and License Collector who wining or other peddler or, solicitor, that he elude tile; words "hawker', and "`husk- shall then compute and collect the UFrgpriate business license fee and is a partner, employee or agent of any peddler or solicitor, when in fact ster". Section,4.3. SOLICITOR. A solicitor issue a r2ccipt therefor to the ap- he is not the partner, agent or .em- is `d'efIr d as any person, whether a pticai t. Upon the- exhibition of said receipt the Chief of Police, the r0ovee of such peddler or solicitor, or that he is the employee, representa- resident of the City of Petaluma or not, raveling either by, foot,, wagon, .to latter shall issue and sign a permit tive, agent or partner of any person automotive. vehicle, or any other type in triplicate; showing thereon the when in fact he is not the employee, of conveyance, from place to place, applicant's ensile, address; the kind repr-,sentative, agent or partner of from house to house, or from street e, of goods, wares and merchandise 'to be sold or for which orders are such person. c, 1.2. STICKERS ON VE- fo street; taking attempting to take orders for sale of :goods, wares to be "solicited and the date of is- -tine HICI F,S. Every vehicle used for and merchandise, and 'personal prop- suance of the permit. The original permit shall be issued to the appli- neddlmg shall have a sticker furnished by the Tax and License Collector of erty of any nature whatsoever, for future delivery, or for services to, be cant and ,a copy thereof. delivered th . City of Petaluma attached to furnished or performed in the future, to the Tax Collector and the re- tiiaining copy retained by the''Chief such vehicle in a conspicuous plac* showing that such peddler has aper- whether; or not such; individual has, carries exposes for sale' a sample of Police.. met. .or .1 the subject of such sale or whether he Is collecting g 'advance payments of Section 5. EXHIBITION OF PERMIT. P,eddlers'.and solicitors are required to S ection 33. PENALTIES. Every per- son violating any provision of this or - such sale`s'or not, provided that such exhibit their permits at the request dfnan^e is guilty of misdemeanor be punished by a fine no definitions' shall include any person, fors ,himself, or for any other of any citizen. Section 6. DUTY OF POLICE TO and shall exceeding five hundred and no/100 who, person, firm or corporation hires, uses or occupies "any building, ENFORCE. It shall be the duty of any police officer of the City of Pet- dollars ($500.00) or by imprisonment not exceeding six (6) months or by ,leases, structure, railroad car, boat, hotel 'room, 'lodging house, apartment, shop aluma to require any person seen peddling or soliciting, or who is not both such fine and imprisonment. Every violator of anv prevision of or' any :other place within the ,City known by such -officer to be duly li- this ordinance shall be guilty of a for every day such for the 'Isole purpose of exhibiting •amples'and taking orders for future censed :hereunder, to produce his peddler's_ or solicitor's .permit and to separate offense violation shall continue and shall be dehveryi,�. 1.4. PERMIT. The word enforce the provisions of , this ordi- nance against any person found 'to be subject to penalty imposed by this section for each and every such sop- Section:' -Permit"'used herein shall mean a granted and issued pursuant violating the same. Section 7. SUSPENSION OF PERMIT arate offense. Section 14. CONSTITUTIONALITY. If permit- to the provisions of this ordinance. Seetioni I. LICENSE. The term "Li- BY CHIEF OF POLICE.. Permits is- sued pursuant to this 'ordinance may any section, subsection, sentence, clause. or phrase in this ordinance is tense" used in this ordinance shall mean the issuance of a business license be suspended by the Chief of Police of the City of Petaluma for any of the for anv reason held to be invalid, su,,h decision er decisions shall not a il,the payment of a business license fee under Ordinance No. 373 N. C. S. following' causes: (a) Fraud, misrepresentation; or affect the validity of the remaining portions of th's ordinance. The City A this' City. Section?: 2: PERMIT REQUIRED. It any false statement made to the Police Department in furnishing the Council herebv declares that it would have passed this ordinance and each shall be: unlawful -for any person to information required liy this ordi• section, subsection, sentence, clause, thereof, irrespective of . - engage in" the business of peddler or solicitor, within the corporate limits nance. (b) Any violation of this ordinance. and phrase the fact that one or more of said clan of the .City of Petaluma without first applying and' obtaining a permit (c) Conviction of the permit holder of any felony or crime, involving sections, subsections. sentences; ses. or phrases be declared invalid. :;for as provided therein. Section' 3. APPLICATION. Appli- moral turpitude. (d) Conducting the business of so- Section 15. REPEAL. Ordinance No. 3,11 N. C. S.. as amended by Ordi- cants fori;a permit under this ordi-, must file, :in duplicate, with liciting or peddling in an unlawful manner or in such a manner as to nance No. 113 N. C. S., and all ordi- nances or pasts of ordinances in con- nance the Chief of Police a sworn applica,' tfon in writing on a form to be fur, constitute a ,breach of. the, peace or to constitute a menace to the health, flict herewith are hereby repealed. Ordered Dublished this 17th day of i fiished 'by'the City, which shall give following information: safety or general Welfare- ;of the public., January 1955. AYES: Councilmen Adams, Bigelow, ,the (a)Name and address of appli- Section 8., REVOCATION OF PER- HEARING BY CITY MAN- Brown, Gustafson, Norwood, Schwobe- 5 cant. .:' MIT AND da, and Mayor Schoeningh. "(b) A ;brief description of the na- AGER'. Five (5) days after notice of NOES: None. Lure of ;the business' and the goods to be sold, or for which orders are suspensioniv . has been given to :the permit holder, said permit shall be ABSENT: None. Signed: VINCENT .1. SCHOENINGH. •to be ,solicited, and, in the case of automatically revoked unless 'within. Attest: products of farm or orchard, wheth- er.produced or grown by the appli- the five (5) day period the. permit 'holder requests a hearing'by✓the City GLADYS R. WALLIN, cant. ' i Manager of the City of Petaluma. Ap- City Clerk. I hereby certify that the within ordinance was published .in full once in the Petaluma Argus-Courier, a daily paper of general circulation, published within the City of Petaluma towit: January 21, 1955, and that the said Petaluma Argus-Courier is the official newspaper of the City of Petaluma. I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the foregoing ordinannce was passed by the Council at its meeting of the,-24th. day of January; 1955, by the following vote, to -wit: AYES: Councilmen Adams, Bigelow, Brown, Gustafson, Norwood Schwobeda and Mayor Schoeningh. h HOES: None'. ABSENT ::N.on e. Q ATTEST (SEAL). - _ pity, Clerk The foregoing,_Ordinance Number 377. N. C.Z. , having .been regularly passed and presented to me this 24th day of January;, 1955, is hereby approved by me this 24th day of January, 1955. Effective Date: February 23, 1955. Mayor, r 1 1