ORD 88-05 UNINVITED SOLICITATIONROC:al
3/28/88
To Be Considered:
ORDINANCE NO. 88-05
AN ORDINANCE REGULATING "UNINVITED
SOLICITATION" OF PRIVATE RESIDENCES,
DEFINING A NUISANCE AND PROVIDING A
PENALTY; ADDING A NEW CHAPTER 9.25
ENTITLED "UNINVITED SOLICITATION" TO
THE WINSLOW CITY CODE AND GREEN RIVER
ORDINANCE.
THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW
DO ORDAIN AS FOLLOWS:
THERE is hereby added to Title 9 of the Winslow
City C6de a new chapter '9.25 entitled "Uninvited Solicitatioh" to
read as follows:
SECTION 1: 9.25.010 Uninvited solicitation declared
a nuisance. The practice of going in and upon private residences by
solicitors, peddlers, hawkers, itinerant merchants, and transient
vendors of merchandise not having been requested or invited so to
do by the owner or owners, occupant or occupants, of said private
residences, for the purpose of soliciting orders for the sale of
goods, wares, and merchandise, and/or for the purpose of disposing
of and/or peddling or hawking the same, is declared to be a nuisance
punishable as such as a misdemeanor.
SECTION 2: 9.25,020 Exemptions. The provisions of
section 9.25.010 of this Chapter shall not apply to:
(1) any farmer, gardener, or other person
while soliciting, selling, delivering, or
peddling milk, dairy products, poultry, eggs,
fish, meats, fruits, vegetables, honey, and
other farm and garden edible produce so far as
the sale of the commodities named herein is
authorized by law; or,
(2) any charitable, religious, or non-profit
organization or corporation which has received
tax-exempt status under I.R.C. paragraph 501
(c) (3), 26 U.S.C.A. 501 (c) (3), as adopted
or amended.
(3) solicitations of cable television sub-
scriptions which are limited to the following
time periods:
(a) For a period of three months following
the issuance by the city of a new or renewed
franchise to a cable television operator, and
(b) For limited periods of time specified by
the city council in connection with special
promotions.
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(4) any person selling newspapers the chief
aim of which is the dissemination of current,
general news.
SECTION 3: 9.25.030 Rules and Regulations- The
Mayor is authorized to promulgate rules and regulations pursuant
to this section to enforce procedures adopted herein.
SECTION 4: 9.25.040 Penalty for Violation. Any
person violating any of the provisions of this chapter shall, upon
conviction thereof, be quilty of a misdemeanor punishable in
accordance with the provisions of the city code.
SECTION 5: 9.25.050 Severability. The provisions
of this chapter are hereby declared to be severable. If any section,
subsection, sentence, clause, or phrase of this chapter or its
application to any person or circumstance is for any reason held to
be invalid or unconstitutional, the remainder of this chapter shall
not as a result of said section, subsection, sentence, clause, or
phrase be held unconstitutional or invalid.
SECTION 6: This ordinance or a summary thereof
consisting of the title and the penalty provision applicable to
this shall be published in the official newspaper of the City, and
shall take effect and be in full force five (5) days after publication.
APPROVED:
MAYOR ALICE B. TAWRESEY ~
ATTEST/AUTHENTICATED:
.... TO
APPROVED AS TO FORM:
O/FI OF THE CITY ATTORNEY
FILED WITH THE CITY CLERK: March 28, 1988
PASSED BY THE CITY COUNCIL: June 2, 1988
PUBLISHED: June 8, 1988
EFFECTIVE DATE: June 13, 1988
ORDINANCE NO. 88-05
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