Wasco Municipal Code Ch. 5.12 Peddlers, Solicitors and Hawkers

Sections: 5.12.010 Purpose. 5.12.020 Definitions. 5.12.030 Prohibition. 5.12.040 Exemptions. 5.12.050 Violations.

The purpose of this chapter is to protect the public health, safety and welfare by regulating commercial solicitations within the city. (Ord. 700 §1, 2019; Ord. 477 §1, 2003; Ord. 473 §1, 2002).

The following words and phrases shall, for the purposes of this chapter, have the meanings ascribed to them by this section:

"Applicant" means either a principal or his agent who is applying for a commercial solicitation permit.

"Business license department" means the city finance department for the city.

"Commercial canvasser" means a person who conducts a poll or survey or who otherwise canvasses from door to door within the city for commercial purposes.

"Commercial peddler" means any person who travels by foot, vehicle or by any other type of conveyance from door to door, house to house, or street to street, carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatsoever, offering or exposing the same for sale, or making sales and delivering articles to purchasers, excepting food vending vehicles as defined in Chapter 5.16. The word "peddler" means and includes the words "hawker" or "huckster."

"Commercial solicitation" means the conducting, managing or carrying on of the activities of a commercial solicitor or commercial canvasser as defined in this section. "Commercial solicitation" as defined in this section does not include solicitation by telephone, door hanger or solicitation through the United States mail.

"Commercial solicitor" means any person who travels either by foot, vehicle or any other type of conveyance from door to door, house to house, or street to street, taking or attempting to take subscriptions, contracts of sale, or orders for the sale of foods, goods, wares, merchandise or other personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale, or whether or not he collects advance payments on such sales. The word "solicitor" shall include any person who uses or occupies any vehicle, conveyance, structure or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery.

"Door hanger" means an advertisement that is hung on or attached to a door knob without knocking or otherwise trying to make personal contact with any individual at the residential property.

"Person" means any individual, firm, partnership, corporation, company, association, joint-stock organization, society, organization or league and shall include any agent, trustee, receiver, assignee or other similar representative thereof.

"Residential property" means a building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 700 §1, 2019; Ord. 483 §1, 2003; Ord. 477 §1, 2003; Ord. 473 §1, 2002).

It is unlawful for any person to engage in door-to-door commercial solicitation at or upon residential property or nonresidential property within the city, or to engage in commercial solicitation and/or peddling in city parks, on public sidewalks and other rights-of-way or other city property. These prohibitions shall not apply to activities specifically exempted by Section 5.12.040. (Ord. 700 §1, 2019; Ord. 477 §1, 2003; Ord. 473 §1, 2002).

A. The provisions of Section 5.12.030 shall not apply to any of the following:

1. Merchandise and food vendors as may be allowed on public sidewalks under the provisions of Chapter
5.40, Sidewalk Vendors and Business Use of Sidewalks;

2. Persons soliciting orders from or selling to retail dealers for use or for resale, or to manufacturers for
processing or other manufacturing purposes, or to bidders for public works or supplies;

3. Persons delivering or soliciting subscriptions for a newspaper of general circulation;

4. Groups that operate under a nonprofit exemption;

5. Persons engaging in political or religious free speech activities;

6. Delivery of goods that have been ordered or delivery of goods that are a part of an established fixed
route.

B. In the event that a dispute arises between the business license department and a person, as to whether their activities fall within the permit exemption provided in subsection A of this section, the person shall have the right of appeal to the city manager. Such appeal shall be in writing and shall describe the planned activities, and any other evidence tending to establish that the planned activity falls within one of the permit exemptions. The city manager shall determine whether the proposed solicitation is exempt under subsection A of this section within ten business days after the filing of the appeal. (Ord. 700 §1, 2019; Ord. 477 §1, 2003; Ord. 473 §1, 2002).

Every violation of the provisions of this chapter shall be deemed to be a misdemeanor and, upon violation thereof, shall be punishable as provided for in Chapter 1.08. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense. (Ord. 700 §1, 2019; Ord. 477 §1, 2003; Ord. 473 §1, 2002).