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Home My WebLink AboutPTMC Chapters 5.88 & 5.72' Chapter 5.88 PEDDLERS, SOLICITORS Page 1 oft Sections: 5.88.010 Definitions. 5.88.020 Enforcement. 5.88.030 Unlawful conduct. 5.88.040 Penalties. 5.88.010 Definitions. A. The word °person" as used herein shall include the singular and the plural and shall also mean and include any person, firm or corporation, association, club or partnership, society, or any other organization except as otherwise provided in this chapter. B. The word "peddler" as used herein shall include any person, whether a resident of the city or not, travelling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, magazines, periodicals or other personal property, offering and exposing the same for sale, or making sales and delivery articles to purchasers, or who, without travelling from place to place shall sell or offer the same for sale from a wagon, automotive vehicle, or any other vehicle or conveyance; and, further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker' and "huckster." C. A "canvasser" or "solicitor" is defined as any individual whether resident of the city or not, either travelling by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for the sale of goods, wares, merchandise, or personal property of any nature whatsoever, including but not limited to those items described in subsection B of this section, for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not; provided, that such definition shall not include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking. orders for future delivery from such place. D. "City" means the city of Port Townsend. (Ord. 2015 § 1, 1985). 5.88.020 Enforcement. It shall be the duty of any police officer of the city to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 2015 § 2, 1986). http://www.codepublishing.com/WA/Por[townsend/municipalcode/Pttwns05/Pttwns0588.h... 4/I 3 /2009 Chapter 5.88 (~ "" PEDDLERS, SOLICITORS ? ~,~, ~ /~ AND CANVASSERS) (~ ~~ Chapter 5.88 PEDDLERS, SOLICITORS Page 2 of 2 5.88.030 Unlawful conduct. Peddling, soliciting or canvassing as defined in this chapter at a private residence or residences in the city without a request or invitation in advance to do so by the owner or occupant of such private residence, for the purpose of the sale or the solicitation of orders for the sale of any goods, products, services, or personal property, including but not limited to all items listed in PTMC 5.88.010A and B, is unlawful. (Ord. 2015 § 3, 1985). 5.88.040 Penalties. Any person violating the ordinance codified in this chapter shall be guilty of a misdemeanor and shall be punished by imprisonment in jail for not more than 90 days or by a fine of not more than $1,000, or by both such fine and imprisonment. (Ord. 2015 § 4, 1985). Footnotes 'See also Chapter 5.72 PTMC, Door to door sales license. http://www.codepublishing.com/WA/Porttownsend/municipalcode/Pttwns05/Pttwns0588.h... 4/13/2009 Chapter 5.72 DOOR TO DOOR SALES LICENSE Page 1 of 2 Chapter 5.72 DOOR TO DOOR SALES LICENSEI Sections: 5.72.010 Required. 5.72.020 Sales defined. 5.72.030 Application for license. 5.72.040 Investigation of applicant. 5.72.050 Fee for license. 5.72.060 Duration. 5.72.070 Display required. 5.72.080 Violation a misdemeanor. :~CJ 5.72.010 Required. From and after January 1, 1969, every person who shall make any offering or solicitation of sale at any private residence in the city, whether or not a transfer of goods, intangibles, services or money takes place at the time, shall be required to have first made application for and received a license for "door to door sales," from the city clerk, and to have paid the fee therefor. (Ord. 1554 § 1, 1968). 5.72.020 Sales defined. "Sales" as used in PTMC 5.72.010 shall embrace every transaction in which any exchange of goods for money, services for money, or goods for goods, shall be involved, whether or not the transaction shall involve real property, personal property, improvements to real property or any other tangible or intangible property interest. (Ord. 1554 § 2, 1968). 5.72.030 Application for license. Each person required to obtain such license shall make application therefor to the city clerk, and shall supply his name, firm name, if any, address, nature of business, length of time that operations will be conducted in the city, and such other information as the city clerk may reasonably require, together with two references as to character and responsibility of the applicant. (Ord. 1554 § 3, 1968). 5.72.040 Investigation of applicant. The city clerk may make such inquiry as to the identity and background of the applicant as may be reasonable, and the city police department shall cooperate with the city clerk in such inquiry. (Ord. 1554 § 4, 1968). 5.72.050 Fee for license. No license shall be issued by the city clerk until the sum of $25.00 shall have been paid, as the license fee therefor. (Ord. 1554 § 5, 1968). 5.72.060 Duration. The license herein provided shall be for one day only, provided, however, that http://www. codepublishing.cony/WA/Porttownsend/municipalcode/PttwnsOS/Pttwns0572.h... 4/13/2009 Chapter 5.72 DOOR TO DOOR SALES LICENSE Page 2 of 2 ' upon application being made, the city clerk may issue such license for more than one day upon payment of the sum of $25.00 by the applicant for each additional day so granted. (Ord. 1554 § 6, 1968). 5.72.070 Display required.' Every person who engages in any transaction- pursuant to the license herein provided shall display the license to the householder, or such other person as may be involved, prior to engaging in any negotiation, solicitation or presentation in connection with such transaction. (Ord. 1554 § 7, 1968). 5.72.080 Violation a misdemeanor. The conduct of any business, negotiation or solicitation for which a license is required by this chapter shall be deemed a misdemeanor, unless the license shall first have been obtained, and each such act shall constitute a separate misdemeanor and may be prosecuted as such. (Ord. 1554 § 8, 1968). Footnotes 'See also Chapter 5.88 PTMC, Peddlers, solicitors and canvassers. http://www.codepublishing.com/WA/Porttownsend/municipalcode/Pttwns05/Pttwns0572.h... 4/13/2009