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HomeMy WebLinkAboutOrdinance 377 N.C.S. 01/24/19551 � � t t ' OR6114ANCE 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 me 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 ORD 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 i?spoi sibihty 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, ei y evaluate such character and reinstate the permit. III N - C. S., - AS AMENDED BY I n ss r sponsibility. Section "9. APPEAL. Any person ORDI-N ONCE NO. 218 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 latiun of any niunicitial ordinance; the City Manager in revoking a per - BE i ORDAINED BY THE COUN- including to nature of the offense mit under this ordinance, shall have L'P OZ THE CITY'OF' PETALUMA AS and the punishment or penalty as- the right„f. ° appeal to the Council of FOLLOWS: sessed therefor:. the City of Petaluma. Such appeal Sect:oii 1. DEFINITIONS. For the n Sectio 4 INVESTIGATION AND shall be taken by filing with the City certain rpwe of th ss ordinance certain pu e f fS..UANCE OF. PERMIT. ` (a) Upon receipt of said applica- Clcrk a 'written, statement of the grounds Fur the appeal %,within four- wai•as t under Sections -� 1.3, and of this ordinance. tion, the . ai 'inal shall be retained teen (14) days after notice. of the de- .1.2, .1.4 ,1:5 Section 1,1 PERSON. 'Me word "Per- by' the Chi f of Police, who shall' ;, cisioii by the Chief of Police or the on as ii6d h rein shall include the cause such investigation' of the ap -- City Manager. The Council'. shall set singular and the ` plural and shall pli' =an Cs business and moral chart a -time and =place for ,hearing such .an also. meal- and include any person, ac to be made, as he :deems neces-, appeal and notice of -such time and firm, or corporation, association, club, nary foe the pro't'ect on of the pub I s - however place shall be y Clerk 0. given.by. the City co- partnership or society, or any other goo provided that said - - nti<sttf anon be completed ao 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 hall in- "Peddler” as usjd herein sr.;'sident o t ke appncati.on. As ,a part of said -- set frr the hearing. The. City Council rhfde person, whether_ a i,g anv st gation, the applicant shall " his finger- being shall act upon such a eal within PP and of the sty of Petaluma or not, travel- ebmit to prints taken. five (5) day`s after said hearing s' shall be Ina by foot, wagon, automotive ve- (b) if as a result of such investi- the decision of the Council final. hide ar "any other type of convey- ante, from place, a place; from house gation, the applicant's character or Section 10. UNT LAWFUL, TO PEDDLE to. house,, or from street to street, tins Hess responsibility is found to OR SOLIC IT ON CERTAIN PREMI- carrying, 'conveying, or transporting be u atsiactory, the Chief of Police .- l ;ppplicatio'n gf S. It shall be unlawful for any - goods, wares and merchandise, and p "p. onal property of any nature what - 6udcrse oil such ms disapproval and his reasons for peddler or solicitor or any person pre 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 wthout .traveling from place to place, ii e11 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 P reyance, aird further provided that one woo solicits orders and as a separate 'n Inside shall endorse oil the or on sui premises. 'transacti'on makes deliveries to pur- seal a ,d' d uplicate 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 an_ 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-.1.3. 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 r0ovee of such peddler or solicitor, or resident of the City of Petaluma or receipt to the Chief of Police, the that he is the employee, representa- not, raveling either by foot,, wagon, 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- to street; taking attempting to take orders for sale of :goods, wares to be " solicited and the date of is- -t ine HICI F,S. Every vehicle used for and merchandise, and 'personal prop- suance of the permit. The original neddhng shall have a sticker furnished erty of any nature whatsoever, for Permit shall be issued to the appli- by the Tax and License Collector of 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* peddler has aper showing that such - whether; or not such; individual has, of Police.. mat. carries of exposes for sale' a sample the subject of such sale or whether Section 5. EXHIBITION OF PERMIT. S ection 33. PENALTIES. Every per- . he Is collecting g 'advance payments of P,eddlers'.and solicitors are required to 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 sh ^11 exceeding five hundred and no /100 who, person, firm or corporation hires, uses or "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, occupies structure, railroad car, boat, hotel aluma to require any person seen both such fine and imprisonment. 'room, 'lodging house, apartment, shop peddling or soliciting, or who is not - Every violator of anv prevision of shall be guilty of a or' any :other place within the ,City ' known by such officer to be duly 2i- censed :hereunder, to produce his this ordinance s ^partite offense for every day such for the purpose of exhibiting •amples'and taking orders for future peddler's_ or solicitor's .permit and to violation shall continue and shall be dehveryi,�. 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- P Section:' 1.4. - ermit "'used herein shall mean a granted and issued pursuant violating the same. Section 7. SUSPENSION OF PERMIT arate offense. Section 1 4. CONSTITUTIONALITY. If permit- to the provisions of this ordinance. "Li- BY CHIEF OF POLICE.. Permits is- to 'ordinance any section, subsection, sentence, or in this ordinance is Seetion I LICENSE. The term sued pursuant this may clause. phrase for anv held to be invalid, 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 reason 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. any false statement made to the the Council herebv declares that it would this ordinance and each Section?: 2: PERMIT REQUIRED. It be: any person to Police Department in furnishing information required liy this ordi• have passe section, subsection, sentence, clause, shall unlawful -for . - ngage e in" the business of peddler or nance. and phrase thereof, irrespective of said solicitor within the corporate limits (b) Any violation of this ordinance. the fact that one or more of 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. : as provided therein. moral turpitude. Section 15. REPEAL. Ordinance No. S., amended by Ordi- Section' 3. APPLICATION. Appli- cants fori permit under this ordi -, (d) Conducting the business of so- liciting or peddling in an unlawful 3.11 N. C. as nance No. 113 N. C. S., and all ordi- nance must file, in duplicate, with manner or in such a manner as to nances or pasts of ordinances in con- hereby repealed. 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 Ordered Dublished this 17th day of i fiished 'by'the City, which shall give safety or general Welfare- of the January 1955. ,the following information: (a) Name and address of appli- public., Section 8., REVOCATION OF PER- AYES: Councilmen Adams, Bigelow, Brown, Gustafson, Norwood, Schwobe- 5 MIT AND HEARING BY CITY MAN- da, and Mayor Schoeningh. cant. .:' "(b) A ;brief description of the na- AGER'. Five (5) days after notice of NOES: None. Lure of ;the business' and the goods . has been given to the suspension iv ABSENT: None. to be sold, or for which orders are •to be and, in the case of permit holder, said permit shall be automatically revoked unless 'within. Signed: VINCENT .1. SCHOENINGH. ,solicited, products of farm or orchard, wheth- the five (5) day period the. permit Attest: er.produced or grown by the appli- 'holder requests a hearing'by City GLADYS R. WALLIN, cant. ' i Manager of the City of Petaluma. Ap- City Clerk. 1 � � t t ' 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, day of January; 1955, by the following vote, to -wit: AYES: Councilmen Adams, Bigelow, Brown, Gustafson, Norwood Schwobeda and Mayor Schoeningh. HOES: None'. ABSENT ::N.on e. Q AT TEST (SEAL). - _ p ity , 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 r- �W 1 1 4