3-4-1111: CONDITIONS AND RESTRICTIONS FOR PEDDLING ACTIVITIES WITHIN THE CITY; EXCEPTIONS THERETO:
A. Within any continuous three (3) hour period of time, no person shall act or operate as a peddler, as defined in subsection 3-4-1101A of this article, nor otherwise sell, offer for sale or cause to be sold any food, beverage, good, ware, merchandise or other item under either of the following circumstances:
1. Within one thousand feet (1,000′) of any preexisting location where any sales have occurred; or
2. At any location for any period of time exceeding fifteen (15) minutes.
B. No person shall operate or act in the capacity of a “peddler”, as defined in subsection 3-4-1101A of this article, nor otherwise sell, offer for sale or cause to be sold any food, beverage, good, ware, merchandise or any other item within one thousand feet (1,000′) of any property used as an elementary or middle school, from the hours of seven o’clock (7:00) A.M. to four o’clock (4:00) P.M. This subsection shall not apply on days when said schools are not in session or on any school property where said vending activities have been approved in writing by the principal or the principal’s designee.
C. The provisions of this section shall not be construed to prohibit any of the following:
1401. Businesses or activities commonly known or designated as open air or farmers’ markets; or
2. Locations established for the principal purpose of Christmas tree or pumpkin
Any vendor who is expressly authorized to sell or provide food or beverage to the agents or employees of any person or entity who lawfully owns or occupies any private property or who is performing lawful construction on said property. [Added by Ord. No. 3333; amended by Ord. No. 3371, eff. 6/18/94.]
PEDDLER: Any person, whether a resident of the City or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without travelling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad box car or other vehicle or conveyance. The word “peddler” shall not include a farmer or merchant selling vegetables, fruits, nuts, or unprocessed agricultural products, at a farmers’ market, sponsored by a nonprofit organization. The word “peddler” shall include the words “hawker” and “hucksters”.