Chapter 13.20
PEDDLERS AND DOOR-TO-DOOR SOLICITATION
Sections:
13.20.020 Applicability of chapter.
13.20.030 Police Chief power to require cessation of business.
13.20.040 Conditions and regulations.
13.20.050 Peddling unlawful where “No Peddlers” sign posted.
13.20.060 Violations and penalties.
13.20.010 Peddler.
A “peddler” means any person who goes from house to house, or from place to place, by any means in the City (by foot, bicycle, motorized vehicle, or otherwise) taking orders for or offering to sell or take orders for goods, wares and/or merchandise for present or future delivery, or for services to be performed immediately or in the future, whether such person has, carries, or exposes a sample of such goods, wares and merchandise or not and whether he or she is collecting advance payments on such sales or not. A peddler does not include a sidewalk vendor, as that term is defined in SMC 13.33.020. [Ord. 1270 § 3, 2019; Ord. 1236 § 2, 2016.]
13.20.020 Applicability of chapter.
A. Persons selling and soliciting sales of newspapers from sidewalks abutting on public streets are exempt from this chapter, except that no such person shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, 20-foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers; however, no person may sell or solicit newspapers in a place or manner that unreasonably interferes with or obstructs the flow of pedestrian or vehicle traffic.
B. Peddlers shall be exempt from this chapter when participating in an event pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity issued by the City.
C. Garage and yard sales on private property are exempt from this chapter.
D. Nothing in this chapter shall prohibit persons from distributing handbills door-to-door within the City without a permit. [Ord. 1236 § 2, 2016.]
13.20.030 Police Chief power to require cessation of business.
Notwithstanding anything in this chapter, the Police Chief shall have the authority to require the immediate cessation of peddling activities if he/she deems it reasonably necessary for the preservation of the public health, safety, or welfare. Prior to an action to require the immediate cessation of any such business, or within 24 hours following such action, the Police Chief shall issue a written notice setting forth the basis for such action. [Ord. 1236 § 2, 2016.]
13.20.040 Conditions and regulations.
The following conditions and regulations shall apply to peddlers within the City, in addition to those set forth in other parts of this chapter or elsewhere in this code:
A. No person shall shout or call his/her wares in a loud, boisterous, or unseemly manner, or to the disturbance of citizens or dwellers in the City.
B. Every peddler shall, upon request of any person solicited, provide his/her name, business address and telephone number and the name, business address and telephone number of the person, organization, or entity an whose behalf solicitation is being made.
C. Notwithstanding anything in this chapter to the contrary, no person shall operate or conduct peddling activity in a place or manner that unreasonably interferes with, or obstructs, the flow of pedestrian or vehicle traffic.
D. No peddler shall conduct activity under this chapter upon any private place, street, sidewalk, right-of-way, or other public place in the City between the hours of 7:00 p.m. or one-half hour after sunset, whichever comes first, and 8:00 a.m. the following day.
E. It shall be unlawful for any motor vehicle-based or mobile unit to remain standing or stopped for purposes of conducting business at any place on a public street, sidewalk, parking lot, right-of-way, or other public place, or within 500 feet thereof, in excess of 15 minutes in any two-hour period.
F. It shall be unlawful for any motor vehicle-based or mobile peddler unit to make any stop, for the purposes of solicitation, upon any public street, sidewalk, right-of-way, or other public place, within 500 feet of any school property.
G. It shall be unlawful for any motor vehicle-based or mobile unit peddler to conduct business from any motor vehicle or mobile unit upon any public street except from the side of the vehicle nearest to the street curb.
H. No motor vehicle-based or mobile unit peddler shall stop to conduct business from a motor vehicle or mobile unit within 200 feet of another motor vehicle-based or mobile unit peddler who has already stopped to conduct business.
I. It is unlawful for any person to act as a peddler within the City without having first obtained a permit issued pursuant to this chapter. Peddlers shall register for the permit at the Sausalito Police Department. The permit must be displayed on their person at all times while engaged in the activities addressed in this chapter. Each permit shall be valid for a period of one year from date of issuance. [Ord. 1236 § 2, 2016.]
13.20.050 Peddling unlawful where “No Peddlers” sign posted.
No peddler, solicitor, nor any person pretending to be such, whether regulated by this chapter or not, shall ring the doorbell or knock at any building whereon a sign bearing the words including, but not limited to, “No Peddlers,” “No Solicitors” or words of similar meaning, unless such person has an appointment with the occupants of the building. [Ord. 1236 § 2, 2016.]
13.20.060 Violations and penalties.
Any violation of this chapter shall be punishable either as an infraction or as a misdemeanor, or by any remedy available to the City under its municipal code or State law. [Ord. 1236 § 2, 2016.]