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Home My WebLink About0226 q ORDINANCE N0. 226 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS The City Council of Lakeville, Minnesota ordains: Section 1. Title 3 of the Lakeville City Code is hereby amended by adding a chapter to read: PEDDLERS; SOLICITORS; TRANSIENT MERCHANTS 3-11-1: Definitions 3-11-2: Registration Required 3-11-3: Exemptions 3-11-4: Registration 3-11-5; Registration Card 3-11-6: Identification 3-11-7: Practices Prohibited 3-11-8: Registration Period 3-11-9: Registration Non-Transferable 3-11-10: Revocation or Denial of Registration 3-11-11: Transient Merchants Prohibited 3-11-12: Religious and Charitable Organization Exception 3-11-13: Permit Fee 3-11-14: Penalty 3-11-1: DEFINITIONS: Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them by this section. PEDDLER: means any person, firm or corporation who goes from dwell- ing to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale. SOLICITOR: means any person, firm or corporation who goes from dwell- ing to dwelling, business to business, place to place, or from street to street soliciting donations, or taking or attempting to take orders for any advertising, goods, wares or merchandise, including books, periodicals, magazines, or personal property of any nature whatever for future delivery. TRANSIENT MERCHANT: means any person, firm or corporation who en- gages temporarily in the business of selling and delivering goods, wares or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any vacant lot, parking lot, motor vehicle or trailer. 3-11-2: REGISTRATION REQUIRED: It is unlawful for any peddler, solicitor or transient merchant to engage in any such ac- tivity within the City of Lakeville without first registering with the Police Department in compliance with the provisions of this Ordi- nance. Any transient merchant or peddler registering in the City must show proof that such person is licensed for such occupation under the provisions of Minnesota Statute Chapter 329 as amended. Registration does not exempt compliance with all other applicable local, state and federal laws. 3-11-3: EXEMPTIONS: This Ordinance does not apply to persons sell- ing personal property at wholesale to retailers, to daily newspaper sales, or to merchants or their employees delivering goods in the regular course of business. 3-11-4: REGISTRATION: Persons registering under this Ordinance shall file with the Police Department a signed written statement on such form and containing such information as may be required by the Department. The Police Department may take up to five days, weekends and holidays excluded, to conduct an investiga- tion. 3-11-5: REGISTRATION CARD: The Police Department shall issue a registration card upon the filing of a properly signed and completed registration form. 3-11-6: IDENTIFICATION: All solicitors and peddlers must wear some type of identification conspicuously showing their name and the organization for which soliciting or peddling. 3-11-7: PRACTICES PROHIBITED: (A) No peddler or solicitor shall enter in or upon any premises or attempt to enter in or upon any premises wherein a sign or placard bearing the notice "Peddlers or Solicitors Prohibited", or language similar thereto, is located. (B) No peddler or solicitor shall enter upon any residential pre- mises for the purpose of carrying on his trade or business be- tween the hours of 9:00 p.m. and 9:00 a.m. of the following day, unless such person has been expressly invited to do so by the owner or occupant thereof. (C) Transient merchants may not sell or solicit sales from public property or right of ways or from private property unless they own the property or have written permission from the owner. 3-11-8: REGISTRATION PERIOD: Registration shall be valid for the calendar year. All registrations shall expire on the Decem- ber 31st after their issue. -2- 3-11-9: REGISTRATION NON-TRANSFERABLE: A registration may not be transferred. Each peddler, solicitor or transient mer- chant shall separately register. 3-11-10: REVOCATION OR DENIAL OF REGISTRATION: (A) A person registered under the provisions of this chapter shall be allowed to conduct his activity within the City provided that none of the following occurs: (1) Fraud, misrepresentation or false statement contained in the application for registration. (2) Fraud, misrepresentation or false statement made in the course of carrying on his activity. (3) Any violation of this chapter. (4) Conviction of any felony or of a misdemeanor involving moral turpitude during the period of registration. (5) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to con- stitute a menace to the health, safety or general welfare of the public. (B) A registration shall be denied or revoked if any of the conduct listed in A above shall occur. 3-11-11: TRANSIENT MERCHANTS PROHIBITED; EXCEPTIONS: Transient merchants are specifically prohibited within the City ex- cept in the following circumstances: (A) Transient merchants operating within a building. (B) The sale of plants, flowers or Christmas trees. (C) Persons selling farm or garden products on land occupied and cultivated by the seller. 3-11-12: RELIGIOUS AND CHARITABLE ORGANIZATION EXCEPTION: The pro- visions of this chapter shall not apply to religious or political activity, or to non-profit charitable organiza- tions. 3-11-13: PERMIT FEE: The City Council shall establish the registra- tion fee by resolution. 3-11-14: PENALTY: Any person violating any provision of this chap- ter shall, upon conviction, be punished by a fine not ex- ceeding $500.00 or by imprisonment for a period not exceeding 90 days, or both. -3- c Section 2. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. Adopted this Sth day of July, 1983. CITY OF AKEVILLE ~ j Dua e R. Zaun, or ATT / ~~~r ti Patrick E. McGarvey, City erk -4- onnin NEWSPAPERS AFFIDAVIT OF PUBLICATION 1209 E. CLIFF RD. • BURNSVILLE, MINNESOTA 55337• TELEPHONE 890-4456 ORDINANCE NO. 226 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS The City Council of Lakeville, Min- nesota ordains: Section 1. Title 3 of the Lakeville Ci- ty Code is hereby amended by adding a chapter to read. PEDDLERS; SOLICITORS; TRANSIENT MERCHANTS 3.11-1: Definitions 3-11-2: Registration Required 3-11-3: Exemptions 3-11-4: Registration 3-11-5: Registration Card 3-11-6: Identification 3-11.7: Practices Prohibited 3-11-8: Registration Period 3-11-9: Registration Non -Trans- ferable 3-11:10: Revocation or Denial of Registration 3-11-11: Transient Merchants Pro- hibited 3-11-12: Religious and Charitable Organization Exception 3-11-13: Permit Fee 3-11-14: Penalty 1 1 3-11-1: DEFINITIONS: Unless other- wise expressly stated, whenever used in this chapter, the following words 8d rG'cddCt'RI$na"c1Yv`1Fytr�tir� the t City provided that none of the follow ing occurs: (1) Fraud, misrepresentation or false statement contained in the ap- plication for registration. • (2) Fraud, misrepresentation or false statement made in the course of carrying on his activity. (3) Any violation of this chapter. (4) Conviction of any felony or of a misdemeanor involving moral tur- pitude during the period of registra- tion. (5) Conducting the business in an unlawful manner or in such a manne as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (8) A registration shall be denied or revoked if any of the conduct listed in A above shall occur. 3-11-11: TRANSIENT MERCHANTS PROHIBITED; EXCEPTIONS: Tran- sient merchants are specifically pro- hibited within the City except in the following circumstances: (A) Transient merchants operating within a building. (B) The sale of plants, flowers or Christmas trees. (C) Persons selling farm or garden pro- ducts on land occupied and cultivated by the seller. 3.1112: RELIGIOUS AND CHARITABLE ORGANIZATION EX- CEPTION: The provisions of this chapter shall not apply to religious or political activity, or to non-profit charitable organizations. 3-11-13: PERMIT FEE: The City Coun- cil shall establish the registration fee by resolution. 3-11.14: PENALTY: Any person violating any provision of this chapter shall, upon conviction, be punished by a fine not exceeding $500.00 or by imprisonment for a period not ex- ceeding 90 days, or both. Section 2. Effective Date. This Or- dinance shall take effect immediately upon its passage and publication. Adopted this 5th day of July, 1983. CITY OF LAKEVILLE BY: Isl Duane R. Zaun, Mayor ATTEST: Patrick E. McGarvey, City Clerk STATE OF MINNESOTA ) ss County of Dakota ) MARY ZIEGENHAGEN, being duly sworn, on oath says she is and during all times herein stated has been the publisher of the newspaper known as Countryside and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 1200 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the communi- ty which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, and has entry as controlled circulation matter in its local post office. (5) Said newspaper purports to serve the Cities of Apple Valley and Lakeville in the County of Dakota and it has its known office of issue in Burnsville, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in her employ and subject to her direction and control during all such regular business hours and devoted exclusively dur- ing such hours to the business of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, part- nership or other unincorporated association requesting the newspaper and making the ap- plicable payment. (8) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has fil- ed with the Secretary of State of Minnesota an affidavit in the form prescribed by the Secretary of State and signed by Mary Ziegenhagen and sworn to before a notary public stating that the newspaper is a legal newspaper. She further states on oath that the printed legal notice hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for OTie successive weeks: that it was first so published on Monday the 25th day of Jule 19 33and was thereafter printed and published on every Monday to and including ii0-__da:I the 2; tr day of Jul r 19 83 and that following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: '71617,_ 7.er„.A7,04J Pu lish Subscribed and 27th July c33 sworn to before me this day of ei4j24../445._AtiiL abcdefghijklmnopgrstuvwxyz Y O-FPB�dOIII+1 ;AROLE R. BREKKE TARY PUBLIC — MINNESOTA DAKOTA COUNTY ====;;;;:: ;VILLE CURRENT• COUNTRYSIDE • EAGAN CHRONICLE