Chapter 5.24


5.24.010    Soliciting regulated.

5.24.020    Licensing.

5.24.030    Violation—Penalty.

5.24.010 Soliciting regulated.

The practice of going in and upon private residences in the city of Ilwaco, Washington, 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 such 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. Itinerant merchants operating under the auspice of nonprofit identities, as specified by the city council, will be immune from this chapter. (Ord. 718 (part), 2006: Ord. 321 § 1, 1967)

5.24.020 Licensing.

Any person desiring to engage in the business of a transient, itinerant solicitor, peddler, hawker or vendor of goods, wares and merchandise of any and all kinds whatsoever upon the streets or in public places within the city shall first obtain a license so to do in the following manner:

A.    Application for such license shall be made in writing and filed with the city clerk-treasurer of the city at least seven days before such applicant shall be authorized to begin such business, and shall state the name and residence of the applicant, place where such business is to be conducted, the kind and type of business and the length of time for which license is desired.

B.    Applicant shall deposit with the clerk-treasurer a bond in the sum of five hundred dollars ($500.00), executed by a surety company or two responsible freeholders in the city, which bond shall be approved by the clerk-treasurer and shall be conditioned that all goods, wares and merchandise sold, or for which orders are taken, shall be as represented by him or her, and that he or she will refund any purchase money paid on goods, wares or merchandise which are not as represented, so as to indemnify any person dealing with him or her, in a sum equal to at least the amount of any payment or payments such purchaser may have been induced to make through misrepresentation as to the kind and character of the goods, wares or merchandise. Any person so mislead or aggrieved by the representations of any license hereunder shall have a right of action on the bond, for the recovery of the amount of his or her payment or damages suffered or both. In the event a cash bond is deposited, the same shall be retained by the clerk-treasurer for a period of one hundred twenty (120) days after the expiration of any such license.

C.    Applicant shall file with the clerk-treasurer an instrument in writing, nominating and appointing the clerk-treasurer as his or her true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of the applicant, and service of summons on any action brought upon the bond shall be deemed made, when served upon the clerk-treasurer.

D.    Applicant shall pay in advance a license fee as follows: ten dollars ($10.00) per day; fifty dollars ($50.00) per week; one hundred dollars ($100.00) per thirty (30) days. (Ord. 321 § 2, 1967)

5.24.030 Violation—Penalty.

Any violation of Section 5.24.010 of this chapter will be an infraction. Each violation will be punished by a fine not to exceed two hundred fifty dollars ($250.00) per violation nor to exceed a fine of two hundred fifty dollars ($250.00) per day that violations occur. All proceedings for the civil violation will be in accordance with Section 1.20.020 of this code. (Ord. 718 (part), 2006)