HomeMy WebLinkAbout2816ORDINANCE NO. 2816
AN ORDINANCE of the City of Port Angeles,
Washington, revising the restriction against
peddling without an invitation and amending
Ordinance 2050 and Chapter 5.56 of the Port
Angeles Municipal Code.
WHEREAS, the Ninth Circuit Court of Appeals has ruled that
it is unconstitutional for city ordinances to prohibit door -to -door
solicitation without an invitation; and
WHEREAS, the Peddlers and Hawkers Ordinance of the City of
Port Angeles (Green River Ordinance), contains a prohibition
against peddling at private residences without a request or
invitation to do so by the owner or occupant; and
WHEREAS, in order to bring the City's peddlers and hawkers
ordinance into compliance with federal law, peddling should be
prohibited only at residences posted with signs indicating that
peddling soliciting or trespassing is not allowed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
Section 1. Chapter 14, Section 3 of Ordinance 2050 and
PAMC 5.56.030 are hereby amended to read as follows:
5.56.030 Peddling -Area Restrictions. Peddling at private
residences in the City without a request or invitation to do so by
for the purpose of
soliciting orders for the sale of goods or services, where such
private residence has been posted with signs indicating that
peddling, soliciting or trespassing is not allowed, is unlawful.
Section 2. Chapter 14, Section 1 of Ordinance 2050, as
amended, and PAMC 5.56.010 are hereby amended to read as follows:
5.56.010 Definitions. The following definitions shall
apply to the provisions of this Chapter:
A.
"Hawker" means any person selling or offering for
sale, any goods, wares or merchandise, articles, things or personal
property of whatever nature or description, including processed
food, except newspapers, by peddling the same from house to house
or upon any street, highway or public place, who shall make public
outcry or give any musical or other public entertainment or make
any public speech to draw customers.
B. "Peddler" means any person who carries goods, wares or
merchandise, articles, things or personal property of whatever
nature or description, including the sale of processed food, or any
person who sells services, from house to house, place to place or
upon any street, highway or public place within the City, for sale,
while soliciting the same for sale, is defined to be a peddler in
the meaning of this Chapter; provided, however, that any farmer
selling food, farm or dairy products shall be exempt from the terms
of this Chapter pursuant to RCW 36.71.090; and provided further
that charitable solicitations as defined in PAMC 5.16.010 shall be
exempt from the terms of this Chapter. (Ord. 2429, §1, 12/31/86;
Ord. 2050 Ch. 14 §1, 1/1/80)
Section 3 - Severability. If any provisions of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 4 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 21st day of June ,
1994.
ATTEST:
P � .� _ Cle
Becky J.`�Up n , y Ci r k
APPROVED AS TO FORM:
M A Y O
PUBLISHED: June 26, 1994
Craig D. Knutson, City Attorney (By Summary)94.09
Summaries of Ordinances Adopted by the
Port Angeles City Council
on June 21, 1994
Ordinance No. 2809
This Ordinance of the City of Port Angeles rezones approximately 1.6 acres located between Laurel and
Lincoln Streets south of Lauridsen, legally described as Lots 1 - 10 inclusive, Block 24, Puget Sound
Cooperative Colony's Second Addition to Port Angeles, Washington, as per plat thereof recorded in
Volume 4 of Plats, Page 161/2, records of Clallam County, State of Washington, from RS -7, Residential
Single- Family, to CSD, Community Shopping District.
Ordinance No. 2812
This Ordinance of the City of Port Angeles establishes the Law Enforcement Firearms Range Fund for
administration of funds in connection with the construction, operation and maintenance of a law
enforcement firearms range and further provides for the setting of fees for use of the firing range.
Ordinance No. 2813
This Ordinance of the City of Port Angeles pertains to an exemption from the solid waste collection tax
whereby the landfill tonnage rate shall be reduced by 4.6 % for the federal government, its agencies and
instrumentalities, and all refuse service contracts for such shall be exempt under WAC 458 -20 -250 from
payment of the 4.6 % solid waste collection tax, so that the rate for same shall be $73.27. This Ordinance
amends Ordinance No. 2317, as amended, and Chapter 13.56 of the Port Angeles Municipal Code.
Ordinance No. 2814
This Ordinance of the City of Port Angeles revises the solid waste rate schedule to allow for the excise tax
exemption for federal accounts, and amends Ordinance No. 2317, as amended, and Section 13.54.040 of
the Port Angeles Municipal Code.
Ordinance No. 2815
This Ordinance of the City of Port Angeles pertains to fees and deposits for the connection and
disconnection of utility services, by establishing a fee of $22.00 for utility connections or reconnections
during regular working hours (8 a.m. to 4:30 p.m.), a fee of $22.00 for field collection (when City
employee makes arrangement for payment in the field in the process of disconnection for nonpayment), a
utility deposit of $250.00 for single - family residences, and a fee of $16.00 for collection by certified mail.
This Ordinance repeals PAMC 13.12.091 and amends Title 13 of the Port Angeles Municipal Code.
Ordinance No. 2816
This Ordinance of the City of Port Angeles revises the restriction against peddling without an invitation to
do so by prohibiting peddling at private residences for the purpose of soliciting orders for the sale of goods
or services where such private residence has been posted with signs indicating that peddling, soliciting or
trespassing is not allowed. The Ordinance redefines peddler to include those individuals who sell services
from house to house or place to place, and amends Ordinance No. 2050 and Chapter 5.56 of the Port
Angeles Municipal Code.
Ordinance No. 2817
This Ordinance of the City of Port Angeles revises the City's criminal code to comply with recent statutes
and court decisions, amends Ordinance Nos. 2129, 2149, 2188, 2194, 2213, 2220, 2241, 2404, 2442,
2445, 2447 and 2612 and Title 9 of the Port Angeles Municipal Code, and repeals PAMC 9.16.180,
9.34.040, 9.34.080 and 9.34.085.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office
hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Becky J. Upton
City Clerk
Publish: June 26, 1994