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HomeMy WebLinkAbout38.23 ORDINANCE NO. 38.23 AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE III TO CHAPTER 8 OF THE. SARATOGA. CITY CODE, IMPOSING REGULATIONS ON SOLICITORS AND PEDDLERS WHEREAS, this Council hereby finds and determines that considerable numbers ofresidents of this City have had their peace, comfort and quiet of their homes and families disrupted and disturbed by peddlers and solicitors calling after dark and this CounCil further finds that it is for the best interests of the health, welfare and safety of the citizens of this City to confine house to house solicitation to the daylight hour&, NOW, THEREFORE, the City C~uncil of the City of Saratoga does ordain as follows: Section 1: There is hereby added to'Chapter 8 of'the Saratoga City Code the following Article III, which Articie together with all of the sections and sub-sections thereof, reads as follows: ARTICLE III- REGULATION OF SOLICITORS AND PEDDLE.RS Section 8-66. Definitions. For the purposes of thib Article, the following words and phrases shall have the .meanings respectively described "' to them by this section: (a)' Peddler. Any person who goes fromhouse to house, ~L or from-place to place, within the City of Saratoga, selling and making' immediate deliverie~ or offering.for sal~ and immediate delivery to~persons other than'menufadturers, jobbers or retailers of such commodities, any goods, wares, merchandise or any other thing of value in possession of such person, or who offers services to be performed inmm- diately, and shall include any itinerate vendor who sells merchandise or property from a vehicle. (b) Peddle. Means the doing ofany act set forth in sub-sectio~ereinabove. (c)~ Person. Any-domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or Common Law Trust, soCiety or individual. (d) SolicitOr. Any person who goes from house to=house, or from. plhC~' t0 'place, in the City of Saratoga, soliciting orders from persons other than'manufacturers, wholesalers, jobbers or retailers of such commodities, for any goods, wares, -1- merchandise'or thing of value for future delivery, or soliciting orders from any person for services to be' performed in the future; the term solicitor shall include a person taking subscriptions to newspapers, periodicals, magazines'o~ Other publications, and shall include any person who goes from place to place, or from house to house for any~reason in connectionlwith a religious, charitable, political, educational, civic, social service, welfare, benevolent or fraternal purpose. (e)' Solicit. Means.thedoing 6f any act set forth in sub-section (d) hereinabove. Section 8-67. Compliance with other ordinances, etc., required.. Nothing contained in this 'Article shall be deemed to repeal,' amend, be in lieu of, replace, orin any way affect any requirement for any license or permit, or.license fee or permit fee, required by, under or by virtue of any provision bf any Article of the City of SaratOga Code or any other ordinance or resolution of the City. Section 8-68. UnlaWful to .peddle or solicit at night. It shall be.unlawful for any person to peddle or solicit in the City of Saratoga before the hour of 8:00 o'clock A.M. of any day, or after the hour of 8:00 o'clock P.M. of any day. Section 8-69. Penalties. Any person'viOlating any of the provisions of this Article shall be quil~y of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed $500.00 or by imprisonment in the CoUnty Jail for six months, or by both such fine and imprisonment. Section 2: If any section, sub-section, sentence, clause or phrase of th~s ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this crdinanceo The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, sub-section, sentence, clause and phrase thereof, irrespective of ·-the fact'that ~ny'one or more sectfon~,'Sub-seCtions; sentences,: i clauses, or phrases be heldinvalid or unconstitutional. : Se~.ti~ 3: This Ordinance shall be in full'force and effect thirty (30) days after the date of its Passages_ and adoption.' The above and foregoing Ordinance was regularly introduced and after the waiting time required by law was .thereafter passed and adopted ~his 2nd. day of Oc~qber ...... , 1968, by the followi~ote~ A ."-'~ ~~; pub~;~.,~d accoi~ing to ~v.