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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