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HomeMy WebLinkAboutORD 251ORDINANCE NO. 251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING, ADOPTING AND DELETION OF CERTAIN SECTIONS OF CHAPTER 5.88 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO SOLICITING, HAWKING AND PEDDLING. The City Council of the City of Palm Desert,,Cal.ifornia, DOES HEREBY ORDAIN as follows: SECTION 1. AMENDMENT. That the following section numbers and/or sub paragraphs of Chapter 5.88 be and the same are hereby amended to read as follows: Section 5.88.020 - Solicitor Defined. B. Distributes goods, wares, merchandise or service of any kind from house to house, or upon any street, sidewalk, alley, or in any park or public place in the City, or by telephone communication from a fixed place of business within the City; or Section 5.88.030 - A22lication Permit to Peddle or Solicit - Additional In ormation. G. Two photographs of applicant taken within sixty days immediately prior to the date of filing the application, with one of the photographs being attached to the application of record. Picture of applicant shall be two-inch by two-inch showing the head and shoulders of the applicant in a clear and distinguishing manner; Section 5.88.040 - Maximum Permit Period. Any permit issued under this Chapter shall be issued for the length of time desired by the applicant, but restricted to a maximum period of one year. Upon the expiration of any permit, and if requested by the permittee, the Code Supervisor may issue a non -fee renewal permit, if he is satisfied that the requirements of this Chapter are still being met and that no violation of this Chapter or other Chapters of the Municipal Code has been committed. A new application will be required unless waived by the Code Enforcement Supervisor. Section 5.88.050 - Doctor's Statement. A written statement by a reputable physician dated not more than ten days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease shall be required. Section 5.88.100 - Approval of Application Permit. Application Permit. If as a result of such investigation, the character and business re- sponsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval and return it to the Code Enforcement Supervisor, who shall upon payment of the prescribed fees, provide a validated copy of the application permit to the applicant. This fee shall be in addition.to any other license fees or taxes required by any other law of the City. -} Section 5.88.110 - Photographs. To each application permit issued to the applicant there shall be attached the second photograph of the applicant, as required in Section 5.88.030 (G). SECTION 2. ADDITION. That the following section numbers are hereby added in sequence to Chapter 5.88. Section 5.88.145. - Standards and Conducts Required. If a permit is granted, the permittee shall abide by the following rules, but not limited to: A. Shall not knock, disturb or attempt to gain admittance to a residence, business, publicly -owned place or other premises posted with a sign stating in substance, purporting to prohibit or otherwise indica- ting the objection of occupants to peddling, canvassing or soliciting on the premises; B. Shall not remain upon private or commercial business property within the City having been requested by the owner, or his agent, to leave. C. Shall not make or disseminate untrue or misleading statements, use fraudulent representation, or commit a fraud of any kind to induce a person into a transaction of any kind; D. Shall refrain from using false, misleading, or deceptive adver- tising as an inducement to enter into a transaction of any kind, whereby any member of the public may be misled or injured; E. Shall refrain from using any type of harrassment or pressure tac- tics in procurring transactions of kind; F. No person shall peddle or solicit at a time other than between 10:00 A.M. and 9:00 P.M. on any day except Sunday, and at any time ex- cept between the hours of twelve noon and 9:00 P.M. on Sunday; G. No person shall peddle or solicit in private residential areas without the expressed or written invitation from the property owner's association, condominium management or similar body; I. Or any other guide line that may be added from time to time by i A* ORDINANCE 25, ; Page 3 the City Council for the protection of the citizenry. Section 5.88.150. - Revocation of Permit. At any time after the issuance of the permit, the chief of police or Code Enforcement Supervisor ascertains any provisions of this chapter has been violated; the City Manager or City Council, after affording the permittee due opportunity for a hearing, in which the permittee may defend himself, may revoke the permit and the business license tax cert- ificate issued under Chapter 5.40 of the municipal code. SECTION 3. DELETION. That section number 5.88.140 of Chapter 5.88 conduct on private property be deleted. SECTION 4. CERTIFICATION. The City Clerk of the City of Palm Desert, California is hereby directed to cause this ordinance to be published once within fifteen days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California, and the same shall be in full force and effect thirty days after adoption. PASSED, APPROVED, and ADOPTED by the City Council, this 12th day of March ,1981, by the following vote: AYES: Newbrander, Puluqi, Snyder NOES: None ABSENT: McPherson ABSTAIN: Wilson .+• v l rra .rvn, r,n l v'l C' of, alm Desert, alifornia ATTEST: Z5HE I LA K. r1, tt AN' L,1 l; I erK City of Pal esert, ifornia