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HomeMy WebLinkAbout1985-11-19; City Council; 6076; CMC 5.04.042/.141 repeal/.08.105 add/8.32 amend/10.40/060 repeal - Peddlers1 2 3 4 5 6 7 e 9 ZC 11 12 >o t 1E 15 2c 21 2: 22 24 25 2t 2'; 2E 0 ORDINANCE NO . 6076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.04 BY THE REPEAL OF SECTIONS 5.04.141 AND 5.04.042; TITLE 5, CHAPTER 5.08 BY THE ADDITION OF SECTION 5.08.105; TITLE 8, BY THE AMENDMENT OF CHAPTER 8.32 ; AND TITLE 10, CHAPTER 10.40 BY THE REPEAL OF SECTION 10.40.060 OF THE CARLSBAD MUNICIPAL CODE TO CONSOLIDATE AND REVISE THE RESTRICTIONS CONCERNING PEDDLERS, SOLICITORS, STREET VENDORS AND CANVASSERS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 8, Chapter 8.32 of the Carlsbad Municipal Code is amended to read as follows: Chapter 8.32 PEDDLERS, SOLICITORS, VENDORS AND CANVASSERS Sections: 8.32.010 Display, sale or storage on public ways 8.32.020 Permits for promotional sales. 8.32.030 Street fairs. 8.32.040 Entering private property for the purpose of 8.32.050 Restrictions on hours. 8.32.060 Business license required. prohibited. sale without permission. 8.32.010 Display, sale or storage on public ways prohibited. (a) Except as otherwise provided in this chapter, no person shall display, sell or store any goods or merchandise from any temporary or permanent display, vehicle, wagon or pushcart upon any public street, public parking lot or sidewalk. (b) A person may display or sell food or beverages from a motor vehicle specifically equipped for display or sale of food or beverages provided that the person has first obtained a permit required by this chapter. A person may stand or park such vehicles for the purposes of selling or offering to sell their food or beverages only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. No person shall sell or offer to sell goods or merchandise from any vehicle on any portion of any street, public parking lot, or other public right-of-way within the City within one half mile of a public school building or school grounds while children are going to or leaving such school during opening or closing hours or during the noon recess period. No person shall sell or offer 1 2 3 4 5 6 7 8 9 10 11 1% t_ 0 1€ 1: 2c 21 2; 21 24 2E 2( 2'; 2E to sell goods or merchandise from any temporary display, vehicle, wagon or pushcart in any commercial zone except as provided in Title 21. permanent structure all or part of which is located on a public street, sidewalk, parking lot or public street or utility easement, may be used for the sale of goods or merchandise provided that all appropriate permits required by Titles 6, 11, 18 and 21 have been issued. prohibit the display or sale of newspapers, magazines and other periodicals customarily sold by news vendors on the sidewalk from vending racks or machines provided the display or sale does not interfere with normal pedestrian traffic. prohibit the delivery of goods or merchandise upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. Any goods or merchandise necessarily delivered to a street, public parking lot or sidewalk shall be removed therefrom within thirty minutes after said delivery . (c) If permitted by the provisions of Title 21, a (d) Nothing in this section shall be construed to (e) Nothing in this section shall be construed to 8-32.020 Permits for promotional sales. The City Manager may, from time to time, issue temporary permits providing for the holding of promotional sidewalk sales, subject to such restrictions as to length of time and other conditions as he deems reasonably necessary for the public health, safety and welfare. 8.32.030 Street Fairs. The City Manager may from time to time issue temporary permits for street fairs subject to such restrictions as to the length of time and other conditions as he deems reasonably necessary for the public health, safety and welfare. 8,32.040 Entering private property for the purpose of sale without permission. No person shall go onto private property within the City for the purpose of selling, offering for sale or soliciting orders for the sale of any merchandise, product, service or thing whatsoever when the occupant of such property has given notice or warned such persons to keep away. A sign posted by the occupant of the property, with the words "no solicitors" or "no peddlers" or other similar words, at or near the front door or primary entrance to a residential structure on private property shall constitute sufficient notice or warning pursuant to this section. For any property used for a purpose of other than a residential use such notice may be posted, at each public entrance to any structure on the property in any conspicuous location on the property, in such a manner so as to provide reasonable notice of the restriction, 8.32.050 Restrictions on hours. No person shall go onto private property for the purposes of commercial or noncommercial peddling, soliciting, vending or canvassing before the hour of 8:OO a.m. or after the hour of 6:OO p.m. of any day. 2. 8.32.060 Business license required. All persons engaged in the business of soliciting, peddling, or vending subject to the provisions of this chapter shall obtain a business license pursuant to Chapters 5.04 and 5.08 of this code." SECTION 2: That Title 5, Chapter 5.04 of the Carlsbad Municipal Code is amended by the repeal of Sections 5.04.141 and 5.04.142. SECTION 3: That Title 5, Chapter 5.08 of the Carlsbad Municipal Code is amended by the addition of Section 5.08.015 to read as follows: "5.08.015 Solicitors and vendors. Any person engaged in the business of soliciting, vending or peddling regulated by Chapter 8.32 shall pay a license tax according to Section 5.08.010(c) unless such soliciting, vending, or peddling is conducted as an incident to any business regularly licensed under this chapter." SECTION 4: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the repeal of Section 10.40.060. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of November I 1985, and thereafter 3. 51 4 F E E 5 11 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of November , 1985 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES : None ABSENT : Council Member Casler APPROVED AS TO FORM AND LEGALITY CLAUDE A. LEWIS, Mayor Pro-Tem ATTEST: 4.