Marin County Municipal Code Ch. 5.34 Street Peddlers

Numerous individuals are presently engaged in the unregulated peddling and hawking of food, goods and merchandise, on and along the public roads of Marin County. This activity interferes with the normal flow of traffic causing congestion, may precipitate traffic accidents, is often unsightly and destroys the effect of existing zoning controls. In addition, members of the public who make purchases from peddlers and hawkers, who have no regularly fixed place of business, are often unable to secure refunds or adjustments if the merchandise is improperly represented.

(Ord. 1753 § 1 (part), 1970)

(1) It is unlawful for any person to engage in the business of hawking or peddling any merchandise, article, or thing whatsoever in, on or along any street, sidewalk, park, parkway or in any other public place without a license.

(2) Application and issuance of licenses shall be in accordance with the provisions of Section 5.04.030, to and including Section 5.04.080.

(Ord. 1753 § 1 (part), 1970)

This chapter shall not apply to any regularly established business establishment which operates from a permanent and fixed place of business, which complies, in all other respects, with applicable provisions of this code.

(Ord. 1753 § 1 (part), 1970)

(1) It is unlawful for any person to engage in the business of selling, hawking, or peddling any merchandise, article, or item, whatsoever, within the right-of-way of any county-maintained road without first securing an encroachment permit from the Marin County public works department, in addition to any other license or permit required by law.

(2) Application and issuance of encroachment permits shall be in accordance with the provisions of Chapter 13.12.

(3) The fee for an encroachment permit for selling, hawking or peddling within the right-of-way of any county road shall be two hundred dollars per year or any part thereof. This fee may be increased or decreased by the adoption by the board of supervisors of an ordinance establishing fees for permits administered by the department of public works.

(4) The director of public works may, from time to time, as necessary, adopt and make available to members of the public, rules and regulations controlling selling, hawking or peddling within the right-of-way of any county maintained road. Said rules and regulations shall be promulgated to applicants for licenses and permits for roadside peddling.

(Ord. 2850 § 1, 1984)

Pursuant to California Vehicle Code Section 22651.9, any peace officer or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations of the county of Marin, is authorized to remove a vehicle located within the unincorporated territory of Marin County when the vehicle is found upon a street or any public lands, and all of the following requirements are satisfied:

(1) Because of a sign, placard or writing on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle;

(2) Within the past thirty days, the vehicle is known to have been previously issued a notice of parking violation, under this section, accompanied by a notice containing all of the following:

(a) A warning that an additional parking violation under this section may result in the impoundment of the vehicle,

(b) A warning that the vehicle may be impounded pursuant to California Vehicle Code Section 22651.9, even if moved to another street, so long as the signs, placards or writings offering the vehicle for sale remain on the vehicle,

(c) A statement that all streets and public lands within the unincorporated territory of Marin County are covered under this section;

(3) The notice of parking violation was issued at least twenty-four hours prior to the removal of the vehicle.

The provisions of California Vehicle Code Section 22852 shall apply to the removal of any vehicle pursuant to this section.

(Ord. 3269 § 2, 1998)