Chapter 5.08
SOLICITORS AND PEDDLERS
Sections:
5.08.040 Notice of peddling activities required.
5.08.050 Trespassing prohibited.
5.08.060 Hours of door-to-door activity.
5.08.010 Purpose.
The purpose of this chapter is to establish reasonable time, place and manner restrictions on solicitors and peddlers in order to protect and promote the public health, safety, and welfare. It is not the intent of this chapter to regulate the content of speech or constitutionally protected expressive activities. To that end, this chapter employs the least restrictive means necessary to serve its purposes. (Ord. 2009-698 § 2 (Exh. A))
5.08.020 Definitions.
A. “Peddler” means every person who shall sell, offer for sale or expose for sale, or who shall trade, deal or traffic in any personal property at retail in the city, including sales by sample or for future delivery, by going from house to house or from place to place, or by standing in a doorway, or in any unenclosed space or parcel of land, or in any other place not used by such person as a permanent place of business, or by approaching individuals.
B. “Solicitor” means every person who shall seek contributions, seek signatures on a petition or ballot proposition, seek to support or oppose candidates for public office, seek to disseminate information, or seek to expound beliefs; or who seeks new members or supporters on behalf of any political, religious, fraternal, charitable or similar organization(s); or who shall distribute written or printed materials by going from house to house, or from place to place, or by standing in a doorway, or on any unenclosed space or parcel of land, or in any other place not used by such person as a permanent place of business, or by approaching individuals. Without limiting the foregoing, “solicitor” shall include persons who solicit on behalf of organized soccer leagues and little leagues, youth or senior organizations, girl scouts or boy scouts, and similar organizations. (Ord. 2009-698 § 2 (Exh. A))
5.08.030 Exclusions.
The following persons are excluded from the definitions of peddler and solicitor in MCMC 5.08.020:
A. Persons engaged solely in distributing newspapers, magazines or similar items but only if the subscription or purchase price has been fully paid in advance of the distribution or delivery date.
B. Salespersons who solicit trade from established wholesale or retail dealers in the city. (Ord. 2009-698 § 2 (Exh. A))
5.08.040 Notice of peddling activities required.
A. The city clerk shall prepare a peddler’s information form (“PIF”), not more than one page in length, requesting and providing space for the following information:
1. Name;
2. Current residence address;
3. Current phone number;
4. Driver’s license information (state and number);
5. Vehicle information (make, model, color and license number);
6. Type(s) of merchandise offered for sale;
7. Anticipated dates of activity in Mill Creek;
8. Date;
9. Signature.
B. Before commencing peddling activities in the city, every peddler shall obtain, fill out, and deliver to the city clerk a peddler’s information form. The PIF shall be available at City Hall, the police department, and on the city website. The PIF may be delivered in person or electronically (e.g., by Internet or e-mail).
C. A new PIF shall be delivered to the city clerk whenever there is a lapse of peddling activities for 15 days or longer. No PIF shall remain valid for longer than 90 days.
D. The city clerk shall maintain the PIFs for reference purposes in accordance with applicable records retention regulations. PIFs shall be public records and shall be fully disclosable in accordance with the Public Records Act. (Ord. 2009-698 § 2 (Exh. A))
5.08.050 Trespassing prohibited.
No solicitor or peddler shall trespass, nor shall they go upon or enter the property or premises of another where the owner or occupant has indicated his or her desire by displaying signs that state “No Trespassing,” “No Peddlers,” “No Soliciting” or the like. (Ord. 2009-698 § 2 (Exh. A))
5.08.060 Hours of door-to-door activity.
No person shall engage in the business or activity of door-to-door solicitation or peddling between the hours of 9:00 p.m. and 9:00 a.m. (Ord. 2009-698 § 2 (Exh. A))
5.08.070 Penalties.
A. Except as specified in subsection B of this section, any person who violates any provision of this chapter shall have committed a civil infraction and shall be assessed a monetary penalty in the amount of $250.00.
B. Any person who violates MCMC 5.08.050 shall be guilty of a misdemeanor, and upon conviction thereof or upon conviction under RCW 9A.52.080, shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.
C. The penalties established in this section shall be enforced in the court for Snohomish County. Each violation shall be a separate offense. (Ord. 2009-698 § 2 (Exh. A))