010510 PlanningCity of New Hope
Meeting Date: January 5, 2010
Report Date: December 21, 2009
Planning Case: 09 -15
Petitioner: City of New Hope
Request: Setbacks for Temporary Signs
I. Request
The City Council referred the subject of Temporary Signs and setbacks to the Codes and Standards
Committee for review. The Planning Commission last discussed the matter at its December meeting.
At the December meeting, the Planning Commission requested staff and the city attorney further revise
the proposed ordinance to reflect the Commission's requests and to be more user - friendly and clear. A
revised ordinance is attached. The most recent changes include:
• Formatting has been changed. Subsections 3- 50(j)(2)b and 3- 500)(2)c have been combined for better
clarity.
• The previous draft ordinance did not allow any temporary signs in the corner sight triangle. The
current draft ordinance would allow temporary freestanding signs less than three feet in height to
be placed in the corner sight triangle. Signs in the sight triangle and under three feet in height must
still be placed two feet behind the curb or behind a sidewalk. All temporary signs exceeding three
feet in height shall not be permitted in the corner sight triangle.
The Planning Commission was generally supportive of reducing the regulation of temporary signs not
requiring a permit to two feet behind the curb or behind the sidewalk if one is present.
The proposed ordinance amendment for review by the Planning Commission is designed to eliminate
an unnecessary nuisance to city residences and make the city ordinance more in line with the
enforcement policies of neighboring cities. This will significantly reduce the staff work load associated
with sign code enforcement and should reduce or eliminate complaints the Council receives related to
this subject.
City staff is requesting that the Planning Commission review and offer comment on the proposed
changes to the temporary sign ordinance. The comments will then be forwarded to the City Council for
consideration.
II. Recommendation
Staff recommends approval
Attachments: Draft ordinance
ORDINANCE NO. 10-
AN ORDINANCE AMENDING NEW HOPE
CODE SECTION 3- 500)(2) REGULATING SETBACK
REQUIREMENTS FOR TEMPORARY SIGNS
The City Council of the City of New Hope ordains:
Section 1 . Section 3 -500) "General regulations" of the New Hope City Code is hereby
amended by amending subsection (2) to read as follows:
(2) Setbacks for Ttemporary freestanding signs in residential zoning districts not
requiring a permit_
a. Temporary freestanding signs as described in subsection 3- 50(f)m of this Code
shall be set back a minimum of teii - two feet from the back of the curb ts-
behind a sidewalk if one is present at the sign location ' ' i ° tl:e si
must be set bae behind t4 s id e wall and the sun's placement in the two foot
setback would impede or interfere with the use of the sidewalk
a-. All other temporary freestanding signs described in subsection 3 -50(fl of this
Code shall be setback a minimum of ten feet from the curb or behind a sidewalk
if one is present at the sign location and the sign's 1's placement in the ten foot
setback would impede or interfere with the use of the sidewalk. Not withstanding
the setbacks permitted by subsection 3- 50(1)(2), On-ag corner lots, any
temporary freestanding signs g a pe described in subsection 3-
50(f) exceeding three feet in height shall not be permitted within 20 feet of any
corner formed by the intersection of two streets or the rights -of -way of a railway
intersecting a street. The 20 feet shall be from the back of the curb of the
intersecting streets or railway right -of -way and the third side formed by a straight
line connecting the corners of each 20 -foot point as measured along the property
lines.
Section 2
publication.
Dated the
Effective Date. This Ordinance shall be effective upon its passage and
day of
2010.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the day of , 2010.)
P.,kTTORNEYSASd CLIENT FILES \2 CITY OF NEW HOPE,99- 40149(AMEND TEMP SIGN)50RDINANCE -AMEND SETBACKSD3.DOC
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0 A 0 , w'
City of New Hope
Meeting Date: January 5, 2010
Report Date: December 21, 2009
Planning Case:
Petitioner:
Request:
I. Request
i•
City of New Hope
Vacant Properties Registration
Per the direction of the City Council, the city of New Hope is considering adopting a Vacant Properties
Registration (VPR) program to ensure properties are maintained in safe and healthy conditions despite
their vacancy status.
Staff researched VPR programs from around the state and provided information to the Codes and
Standards Committee. The Codes and Standards Committee requested staff bring forth a draft
ordinance, which was done in December utilizing the VPR program from the city of Brooklyn Center.
The Codes and Standards Committee reviewed the draft ordinance and was generally in support.
The New Hope VPR program will require the owner of a vacant property to register with the city by
providing contact information and a property plan, with timeline, for re -use, rehabilitation or
demolition of the building. The program will also provide the city with additional tools to ensure
properties are safe and secure.
Ii. Recommendation
Staff recommends approval.
Attachments: Draft ordinance
NAC Memo 12 -17 -09
ORDINANCE NO. 10-
AN ORDINANCE AMENDING CHAPTER 3
OF THE NEW HOPE CITY CODE BY REQUIRING
REGISTRATION OF VACANT BUILDINGS
The City Council of the City of New Hope ordains:
Section 1 . Section 3 -35 "Registration of vacant buildings." of the New Hope City Code is
hereby added to read as follows:
Sec. 3 -35. Registration of vacant buildings.
(a) Policy. The purpose of sections 3 -35(a) through (j) is to protect the public health,
safety, and welfare of the City by establishing a program for the identification and
regulation of vacant buildings, to determine the responsibilities of owners of vacant
buildings and provide for the administration, enforcement, and penalties associated with
the same.
(b) Findings. Vacant buildings are a major cause and source of blight in residential and
non - residential neighborhoods, especially when the owner or responsible party of the
building fails to actively maintain and manage the building to ensure it does not become a
liability to the neighborhood. Vacant buildings often attract transients, homeless people,
trespassers, and criminals, including drug abusers. Neglect of vacant buildings, as well as
use of vacant buildings by transients and criminals, creates a risk of fire, explosion, or
flooding for the vacant building and adjacent properties. Vacant properties are often used
as dumping grounds for junk and debris and are often overgrown with weeds and grass.
Vacant buildings that are boarded up to prevent entry by transients and other long -term
vacancies discourage economic development and retard appreciation of property values.
There is a substantial cost to the City for monitoring vacant buildings whether or not those
buildings are boarded up. This cost should not be borne by the general taxpayers of the
community but rather these costs should be borne by those who choose to leave their
buildings vacant.
(c) Registration Process.
(1) Application. The owner or responsible party must register a vacant building with the
City no later than thirty (30) days after the building becomes vacant. The registration
must be submitted on a form provided by the City and shall include the following
information supplied by the owner:
a. The name, address, home /work/cell telephone number, and email address, if
applicable, of each owner or the owner's representative;
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b. The names, addresses, home /work/cell telephone numbers, and email
addresses, if applicable, of all known lien holders and all other parties with
any legal interest in the building;
C. The name, address, home /work/cell telephone number, and email address, if
applicable, of a local agent or person responsible for managing or
maintaining the property;
d. The legal description, tax parcel identification number, and street address of
the premises on which the building is situated;
e. A description of the premises, including the common address of the property;
f. The date the building became vacant, the period of time the building is
expected to remain vacant, and a property plan and timetable for returning
the building to appropriate occupancy or use and for correcting code
violations and nuisances, or for demolition of the building;
g. The status of water, sewer, natural gas and electric utilities;
h. The owner must notify the building official of any changes in information
supplied as part of the vacant building registration within thirty (30) days of
the change.
(2) Property Plan. The property plan identified in section 3- 35(c)(1)f must meet the
following requirements:
a. General provisions. The plan must comply with all applicable regulations and
meet the approval of the building official. It must contain a timetable
regarding use or demolition of the property. The plan must be completed
within 30 days after the building is registered.
b. Maintenance of building. The plan must identify the means and timetable for
addressing all maintenance and nuisance- related items identified in the
application. Any repairs, improvements or alterations to the property must
comply with the applicable building codes and City regulations.
C. Plan Changes. If the property plan or timetable for the vacant building is
revised in any way, the revisions must meet the approval of the building
official.
d. Demolition Required. If a building has remained vacant for a period of three
hundred and sixty -five (365) consecutive days, and the building official has
not approved an alternative schedule in the property plan, the owner must
demolish the building and restore the grounds. If the owner does not
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demolish the building, the City may commence abatement and cost recovery
proceedings for the abatement of the violation in accordance with Minn.
Stat. § §463.15 through 463.261.
(3) Non - compliance and Notification. If the owner does not comply with the property
plan or maintain or correct nuisance items, the City may commence abatement and
recover its costs for correction of those items in accordance with Minn. Stat. § §463.15
through 463.261. In the case of an absent owner and ongoing nuisance items, the City
need not provide notice of each abatement act to the owner. A single notice by the City
to the owner that it intends to provide ongoing abatement until the owner corrects the
items will be sufficient notice.
(4) Exemptions.
a. Fire Damage. A building that has suffered fire damage is exempt from the
registration requirement for a period of ninety (90) days after the date of the
fire if the owner submits a request for exemption in writing to the
compliance official. A request for exemption must be approved by the
building official and include the following information supplied by the
owner:
i. A description of the premises;
ii. The name and address of owner or owners;
iii. A statement of intent to repair and reoccupy the building in an
expeditious manner and the time frame for completion;
iv. Actions the owner will take to ensure the property does not become a
nuisance for the neighborhood.
b. "Snowbirds. " Those persons who leave their residential buildings on a
temporary basis for vacation purposes or to reside elsewhere during the
winter season and have the intent to return are exempt from the registration
requirement. Exemption as a "snowbird" will be granted with proper
verification.
(5) Fees, The owner must pay an annual registration fee. The registration fee shall be set
out in Chapter 14 of this code. The registration fee shall be reasonably related to the
administrative costs for registering and processing the registration form and for the
costs of the City in monitoring the vacant building site. The fee must be paid in full
prior to the issuance of any building permits or licenses, with the exception of a
demolition permit.
(6) Waiver of Fee. The registration fee may be waived if the owner or responsible party
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has paid all past due registration fees and all other financial obligations and debts owed
to the City that are associated with the vacant property and demonstrates, to the
satisfaction of the city manager or the manager's designee:
a. that the property is re- occupied, with the exception of demolition, within a
period of time deemed reasonable to the compliance official; and either
b. that he or she is in the process of demolition, rehabilitation, or other
substantial repair of the vacant building; or
C. that he or she has a plan for the demolition, rehabilitation, or other substantial
repair of the vacant building in a period of time that is deemed reasonable to
the building official.
(7) Assessment. If the registration fee or any portion is not paid within 60 days after
billing, or within 60 days after any appeal becomes final, the City Council may certify
the unpaid cost against the property in accordance with the process set forth in Minn.
Stat. §429.101.
(8) Issuance of Permit. Upon completion of the registration process and payment of the
fee, the City will issue a Vacant Building Permit to the owner. The owner must
securely post the permit on the vacant building, if possible, on a side entrance door that
is not generally visible from the public street. If no side entrance door is available, the
permit must be securely posted on another available entrance door. If the property is
abandoned or the owner or responsible party fails to complete the registration process,
the property will be administratively registered as a vacant property.
(d) Change of ownership. A new owner(s) must register or re- register a vacant building
under section §3 -35(c) of this code within fifteen (15) days of any transfer of an ownership
interest in a vacant building. The new owner(s) must comply with the approved property
plan and timetable submitted by the previous owner. Any proposed changes in the property
plan must be submitted and approved by the building official.
(e) Inspections. The City may inspect any vacant building in the City for the purpose of
enforcing and assuring compliance with sections 3 -35(a) through 0) of this code and other
applicable regulations. Upon the request of the building official, an owner or responsible
party must provide access to all interior portions of the building and the exterior of the
property in order to complete an inspection. If the owner or responsible party is not
available to provide access to the interior of the building, the City may use any legal means
to gain entrance to the building for inspection purposes. Prior to any re- occupancy, a vacant
building must be inspected by the City and found to be in compliance with all regulations
of Chapter 3 of the City Code and all other applicable regulations. All application and
reinspection fees must also be paid prior to any reoccupancy of the building. All such fees
are set out in Chapter 14 of this code.
(f) Maintenance of vacant buildings. The owner must comply with and address the
following items in the property plan, as described in section 3- 35(c)(2) of this code:
(1) Appearance. All vacant buildings must be so maintained and kept that they appear to
be occupied.
(2) Securing. All vacant buildings must be secured from outside entry by unauthorized
persons or pests. Security must be by the normal building amenities such as windows
and doors having adequate strength to resist intrusion. All doors and windows must
remain locked. There shall be at least one operable door into every building and into
each housing unit. Exterior walls and roofs must remain intact without holes.
a. Architectural (Cosmetic) Structural Panels. Architectural structural panels
may be used to secure windows, doors and other openings provided they are
cut to fit the opening and match the characteristics of the building.
Architectural panels may be of exterior grade- finished plywood or Medium
Density Overlaid plywood (MDO) that is painted to match the building
exterior or covered with a reflective material such as plexi -glass to simulate
windows.
b. Temporary Securing. Untreated plywood or similar structural panels or
temporary construction fencing may be used to secure windows, doors and
other openings for a maximum period of 14 days.
"Artistic" board -up. With prior approval of the building official, artistic
options may be utilized to secure a vacant building.
d. Emergency securing. The building official may take steps to immediately
secure a vacant building at his or her discretion in emergency circumstances.
(3) Fire Safety.
a. Fire protection systems. Owners of non - residential vacant buildings must
maintain all fire protection systems, appliances and assemblies in operating
condition and maintain underwriter laboratories (UL) monitoring of all
systems.
b. Removal of hazardous and combustible materials. The owner of any vacant
building, or vacant portion thereof, must remove all hazardous material and
hazardous refuse that could constitute a fire hazard or contribute to the
spread of fire.
(4) Plumbing fixtures. Plumbing fixtures connected to an approved water system, an
approved sewage system, or an approved natural gas utility system must be installed in
accordance with applicable codes and be maintained in sound condition and good
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repair or removed and the service terminated in the manner prescribed by applicable
codes. The building's water systems must be protected from freezing.
(5) Electrical. Electrical service lines, wiring, outlets or fixtures not installed or
maintained in accordance with applicable codes must be repaired, removed or the
electrical services terminated to the building in accordance with applicable codes.
(6) Lighting. All exterior lighting fixtures must be maintained in good repair, and
illumination must be provided to the building and all walkways in the same manner as
provided at the time the building was last occupied or as otherwise provided in the
approved vacant building plan.
(7) Heating. Heating facilities or heating equipment in vacant buildings must be
removed, rendered inoperable, or maintained in accordance with applicable codes.
(8) Termination o, f utilities. The building official may require that water, sewer,
electricity, or gas service to the vacant building be terminated or disconnected. Prior to
the termination of any utility service, written notice must be given to the owner. No
utility may be restored until consent is given by the building official. Utilities may be
discontinued at the request of the owner or responsible party as part of the approved
vacant building property plan. The building official may authorize immediate
termination of utilities at his or her discretion in emergency circumstances.
(9) Signage. Obsolete or unused exterior signs and installation hardware must be
removed. Holes and penetrations must be properly patched and painted to match the
building. Surfaces beneath the signs that do not match the building must be repaired,
resurfaced, painted or otherwise altered to be compatible with the building surfaces. All
signs must be maintained in good condition and in compliance with section 3 -50 of this
code. Auction signs or attention- getting devices may be placed on a property for no
more than fourteen (14) consecutive days prior to the auction date and must be
removed within three (3) days following the auction.
(10) Exterior maintenance. The owner must comply with all applicable property
maintenance regulations and City codes including, but not limited to, the following:
a. Public nuisances. The owner must eliminate any activity on the property that
constitutes a public nuisance as defined by Minn. Stat §609.74 or any
section of this code.
b. Grass and weeds. Any weeds or grass must be no greater than six (6) inches
in height.
C. Exterior structure maintenance. The owner must maintain the vacant
building in compliance with sections 3 -30(a) through (e) of this code as
determined to be necessary by the building official.
M
d. Abandoned or junk vehicles. The owner must remove abandoned and junk
vehicles from the property. The City may impound such vehicles consistent
with the requirements in section 6 -4 of this code.
e. Storage and disposal of refuse. The storage and disposal of refuse must
comply with the requirements of section 9 -11 of this code.
f. Animals. The owner must ensure that all animals are removed from the
property and handled in a humane manner.
g. Diseased, dead or hazardous trees. The owner must remove diseased, dead
or hazardous trees or branches from the property in accordance with section
9 -80 of this code.
h. Graffiti. The owner must remove all graffiti from the property in accordance
with section 9 -90 of this code.
Abandoned pools. Swimming pools must be maintained in good operating
condition; treated to prevent pest harborage; or properly drained and
emptied. Swimming pools must be secured in accordance with section 3 -25
of this code.
(11) Removal ofgarbage and refuse. The owner of any vacant building, or vacant portion
thereof, must remove all garbage, refuse, rubbish, swill, filth, or other materials from
the vacant building and the property upon which the building is located.
(12) Police protections systems. The owner must properly maintain all alarm systems in
any vacant building or portion thereof in operating condition.
(13) Loitering, criminal activities. Loitering or engaging in criminal activities is not
allowed in the vacant building or on the real property upon which the vacant building is
located. The owner or responsible party must not allow these activities and take
immediate actions to eliminate these conditions once notified by the City.
(14) Emergency Abatement. The building official may authorize immediate abatement of
any public nuisance or maintenance item if, in the discretion of the building official,
emergency circumstances exist that present an imminent threat to the public health and
safety.
(15) Other Codes. All other City codes and applicable regulations must be complied with.
(g) No occupancy or trespass. No person may trespass, occupy or reside in, on a
temporary or permanent basis, any vacant building without the owner's consent.
(h) Vandalism or removal of items prohibited. No person may vandalize or remove items
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from a vacant building or the property upon which it is located, including, but not limited
to, appliances, fixtures, electrical wiring, copper, or other similar items without the owner's
consent.
(i) Appeal. Any person or responsible party aggrieved by a decision under sections 3 -35(a)
through (h) may appeal to the City Council. The appeal must be in writing, must specify the
grounds for the appeal, and must be submitted to the City Manager within ten business days of
the decision that is basis of the appeal.
(j) Penalties. Any person or responsible party who violates sections 3 -35(a) through (h) is
guilty of a misdemeanor and punishable as such. Nothing in sections 3 -35(a) through 0),
however, is deemed to impair other remedies or civil penalties available to the City under this
code or state law, including, but not limited to, Minn. Stat Sections 463.15 through 463.261.
Section 2
publication.
Dated the
Attest:
Effective Date. This Ordinance shall be effective upon its passage and
day of
Valerie Leone, City Clerk
2010.
Kathi Hemken, Mayor
(Published in the New Hope - Golden Valley Sun -Post the day of
P: \ATTORNEYSASU CLIENT FILES\2 CITY OF NEW HOPE \99 -40141 (VACANT PROP) \REGISTRATION OF VACANT BLDGS ORDMANCE2.130C
2010.)
•
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners
TO: Curtis Jacobsen / Steve Sondrall
FROM: Alan Brixius
DATE: December 17, 2009
RE: New Hope — Registration of Vacant Building, Regulation
Of Therapeutic Massage, Regulation of Solicitors
FILE NO: 131.00
Upon review of the Codes and Standards packet, I offer the following comments to the
following regulations:
Registration of Vacant Building
1. The overall ordinance looks acceptable.
2. Page 2, 3- 35(c)(2)d Demolition Required. This section of the ordinance
mandates that if a building is vacant for 365 days or more, the property owner
must demolish the building and restore the grounds. I believe this should only
be required if the building condition has deteriorated to a point that the building
has become a hazardous building as defined by Minnesota Statutes 463.15. The
way the ordinance currently reads, the building must be demolished regardless of
condition.
3. Page 7, 3 -35(g) No Occupancy or Trespass. This allows re- occupancy of a
building with just the owner's consent. Should we have a process for removing
the vacant home from the City registry?
a. Notice to the City of intend to occupy.
b. Property inspection and issuance of an occupancy permit.
Through this process, City staff will be able to track the occupancy, advise police
and fire that an address will have new occupants, and insure that the vacant
buildings are suitable for re- occupancy.
Regulation on Massage Therapists
Section 8- 34(k)(2) Area. This section allows massages to be performed on site at a
business, public gathering, private home, or other site not on the therapeutic massage
enterprise premises. How does the City monitor the sanitation and health standards
outlined in Section 8 -34(I) of the ordinance to the off - premise services?
Regulation of Transient Merchant
I have no comments on this proposed ordinance.
cc: Eric Weiss
2
To: Planning Commission
From: Eric Weiss, CD Assistant
Date: December 21, 2009
Subject: Solicitors' License
0�
Per the request of the City Council, staff has researched other cities' solicitation licensing policies.
Currently, solicitors are regulated under Sect. 8 -6 of the city code.
The city reviewed its policy in 2007 following a large number of door to door solicitations resulting from
that summer's hail storm. The city determined it would register solicitors but not license them. This topic
has been raised again by neighbor complaints.
The enclosed draft ordinance will require solicitors obtain a city license. Solicitors will be required to
provide the city with contact information. A background check will be included as part of the
registration.
The ordinance includes several exemptions including, but not limited to school groups, newspaper sales,
food sales and nonprofits.
The Codes and Standards Committee reviewed the matter at its December meeting and generally was
supportive. Staff recommends approval.
Attachment:
Draft ordinance
ORDINANCE NO. 10-
AN ORDINANCE AMENDING CHAPTER 8 -6
OF THE NEW HOPE CITY CODE REGULATING
SOLICITORS, PEDDLERS AND TRANSIENT MERCHANTS
The City Council of the City of New Hope ordains:
Section 1 . Section 8 -6 "Regulation of solicitors, peddlers, hawkers, itinerant workers
and transient vendors" of the New Hope City Code is hereby amended to read as follows:
Sec. 8 -6. Regulation of solicitors, peddlers, hawkers, itinerant workers, and
transient vendor-stnerchants
(a) Definitions Forp]jMoses of this section the terms defined in this subsection have
the meanings given them.
(1) "Person" means any person individual co- partnership limited liability
company and corporation both as principal and agent who engage in do
or transact any temporary and transient business in the state or city
regulated by this section.
(2) "Peddler" means a person who goes from house to house door to door,
business to business street to street or any other type of place to place for
the purpose of offering for sale selling or attempting to sell and delivering
immediately_ upon sale the goods wares products merchandise, or other
personal property that the person is carrying or transporting,; the term does
not include vendors of milk bakery_ products or groceries who distribute
their products to regular customers on established routes. The term Peddler
shall mean the same as the term "hawker ".
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(3) "Solicitor" means a person who goes from house to house, door to door,
business to business street to street or any other type of place to place for
the purpose of obtaining or attempting to obtain orders for the sale of
goods wares or merchandise including magazines books, periodicals,
other personal property or services of which they may be carrying or
transporting samples or that may be described in a catalog or by other
means and for which delivery or performance shall occur at a later time.
The absence of samples or catalogs shall not remove a person from the
scope of these provisions if the actual purpose of the person's activity is to
obtain or attempt to obtain orders as discussed above. The term solicitor
shall mean the same as the term "canvasser ".
(4) "Transient merchant" means a person whether as owner, agent, consignee,
or employee who engages in a temporary business out of a vehicle trailer,
box car, tent other portable shelter, store front or from a parking lot for
the purpose of displaying for sale selling or attempting to sell, and
delivering goods wares products merchandise or other personal property
and who does not remain or intend to remain in any one location for more
than four consecutive days as part of four sale events each year.
(b) License required It is unlawful to engage in the business of peddler, solicitor, or
transient merchant in the city without first obtaining a license therefore as provided
by this section unless exempt from such license pursuant to the requirements of
section 8 -6(e) of this code In addition no person shall conduct business as a
transient merchant within the city limits without first having obtained the
appropriate license from Hennepin County as required by Minnesota Statutes,
Chapter 329, as amended.
(c) A p plication Applications for a city license under this section must be filed with the
city clerk on a sworn application in writing on a form provided by the city clerk.
The application must contain the following information:
(1) Applicant's full legal name and other names under which the applicant
conducts business or to which the applicant officially answers;
(2) Physical description of the applicant (hair color, eye color, height, weight,
distinguishing marks or features),
(3) Complete permanent home and local address of the applicant; and in the
case of transient merchants the local address from which proposed sales
will be made with a letter of signed Zed permission from the property owner;
(4) applicant's phone number(s);
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(5) A brief description of the nature of the business and the goods to be sold or
services to be provided;
(6) The name address and phone number of the employ principal, or
supplier of the applicant together with credentials establishing the exact
relationship;
(7) The dates during which the applicant intends to conduct business and the
names of its agents conducting business in the city;
(8) The supply source of the goods or property prepared to be sold or orders
taken for the sale thereof, the location of such goods or products at the time
of the application and the proposed method of delivery;
(9) A recent photograph (proximately two inches by two inches) of the
gpplicant showing the head and shoulders of the applicant in a clear and
distinguishing manner;
(10) A statement as to whether or not the applicant has been convicted of any
crime or violation of any municipal ordinance other than traffic violations,
the nature of the offense and the punishment or penalty assessed therefore,
(11) The names of up to three other municipalities where the applicant
conducted similar business immediately preceding the date of the current
gpplication and the addresses from which such business was conducted
within those municipalities;
(12) The applicant's driver's license number or other acceptable state - issued
identification;
(13) The license plate number(s) and description of the vehicle(s) to be used in
conjunction with the licensed business, if applicable;
(14) Proof of county license (applicable to transient merchants only).
(d) License fee At the time of filing the application the license fee set out in Chapter
14 of this code must be paid to the city clerk.
(e) Exemptions Exemptions from this section shall not excuse any person from
complying with any other applicable statutory provision or local ordinance.
(1) General exemption For the purpose of the requirements of this section the
terms "peddler, solicitor, and transient merchant" shall not apply to and
shall not include the following:
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i. Sale of personal property at wholesale to dealers in such articles;
ii. The sale of papers or newspaper subscriptions;
iii. Calling upon residents in connection with a regular route service for the
sale and delivery of perishable daily necessities of life such as food,
bakery products and daily products This section shall also not apply to
any person who makes initial contacts with other people for the purpose
of establishing or trying _to establish a regular customer delivery route;
iv. Calling upon residents at the request of said residents;
v. A sale required by statute or by order of any court or prevent the conduct
of a bona fide auction sale pursuant to law;
vi. Sales commonly known as garage sales rummage sales or estate sales as
well as those persons participating in an organized multi - person bazaar
or flea market;
vii. A person issued an invitation by the owner or legal occupant of a
residential premise shall be exempt from the definitions of peddlers,
solicitors and transient merchants.
(2) Non pro at organizations and free expression exemption. Any
organization society, association or corporation with a non - profit status
rp oved by the state or federal government desiring to solicit or to have
solicited in its name money, donations of money or property, or financial
assistance of any kind or desiring to sell or distribute any item of literature
of merchandise for which a fee is charged or solicited from persons other
than members of such organizations for a charitable religious, patriotic, or
philanthropic purpose by going from house to house door to door, business
to business street to street or other type of place to place, or when such
activity is for the purpose of exercising that person's state or federal
constitutional rights relating to the free exercise of religion or speech, is
exempt from the licensing requirements of section 8 -6(b) provided there is
a registration filed in writing on a form to be provided by the city clerk
which contains the following information:
i. Organization's name and specific cause for which exemption is sought;
ii. Names and addresses of the officers and directors of the organization;
iii. Period during which solicitation is to be conducted;
iv. Whether or not any commission fee wages or any form of
compensation are to be expended in connection with such solicitation and
the amount thereof and
v. Names and addresses of all persons involved in canvassing efforts.
Persons exercising_ constitutional rights may lose their exemption from
licensing if the person's exercise of constitutional rights is merely
incidental to a commercial activity. Professional fund raisers working on
behalf of an otherwise exempt person or jroup shall not be exempt from
the licensing requirements of section 8 -6(b) of this code.
(3) Farm produce horticultural fireworks exemption.. No license shall be
required for any person to sell or attempt to sell or to take or attempt to take
orders for any product grown, produced cultivated or raised on any farm.
For the purposes of this section "product" shall also mean any horticultural
product grown produced or cultivated and /or sold by any person in this
state Persons exempt under this subdivision shall register with the city as
required by subdivision 2 of this subsection The sale of fireworks shall be
regulated by section 8 -40 of this code Not withstanding any provision of
the city's zoning code to the contrary no conditional use permit or zoning
approvals relating to accessory uses shall be required for sales regulated by
this subsection.
(f) Investigation and issuance The license application for non - exempt applicants must
be referred to the chief of police or delegate who must immediately conduct a CCH
Investigation of the applicant as authorized by city code and promptly return the
application to the city clerk with a recommendation. The application will then be
presented to the city council.
(g) License requirements.
(1) The license must contain the signature of the issuing officer and show the
name address and photograph of the licensee the date of issuance and
expiration and the license number.
(2) Duration Each license shall be valid only for the period specified therein,
and no license may extend beyond the 31 st day of December of the year in
which it is aranted..
(3) License non - transferable No license is transferable from one person to
another. Each person involved in any activity regulated by this section shall
be separately licensed even though associated with an organization licensed
hereunder.
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(4) Identification Licensees must wear some type of identification
conspicuously showing their name and the organization for which they are
working and must carry their city issued license when conducting the
business or activity required to be licensed.
(h) Prohibited activities.
(1) Loud noises and speaking devices A person licensed under this section
may not shout cry out blow a horn ring a bell or use any sound
amplifying device upon any of the streets alleys parks or other public
places of the city or upon private premises where sound of sufficient
volume is emitted or produced there from to be capable of being plainly
heard upon the streets alleys parks or other public places for the purpose
of attracting attention to any goods wares or merchandise which such
licensee proposes to sell.
(2) Use of streets A person licensed or regulated under this section does not
have an exclusive right to any location in the public streets, nor is such
person permitted a permanent stationary location thereon. A person
licensed under this section may not operate in a congested area where such
operation might impede or inconvenience the public use of streets.
(3) Private p=erty. Issuance of a license under this section does not permit
the license holder to conduct the licensed activity on private property
without the on -going permission of the property owner or the propert y
owner's authorized agent If such property is conspicuously posted by the
owner or person in control with a sign stating "No trespassing" or "No
solicitors or peddlers" or similar language the entry thereon by any person
subject to the licensing or registration requirements of this section without
the permission of the owner or agent shall be a public nuisance punishable
as a misdemeanor.
(4) Practices prohibited.... No peddler, solicitor or transient merchant shall
conduct business in any of the following_ manners:
i. Obstructing the free flow of either vehicular or pedestrian traffic on any
street alley, sidewalk or other public right -of -way;
ii. Creating a direct threat to the health safety, or welfare of M individual
or the general public;
iii. Entering upon any residential premises for the purpose of carrying on the
licensee's or registrant's trade or business between the hours of 8:00 p.m.
and 9 a.m. of the following day, unless such person has been expressly
invited to do so by the roperty owner or occupant thereof,
my
iv. Harassing intimidating, abusing, or threatening a person continuing to
offer merchandise for sale to any person after being told not to do so by
that person or failing or refusing to leave the premises of the resident
occupant after being told to do so by the resident occupant.
(i) Records The chief of police must report to the city clerk all convictions for
violation of this section The city clerk must maintain a record for each license
issued and record the reports of violation therein.
(j) Fee The fees for licenses issued pursuant to this section are set by Chapter 14 of
this code.
Section 2 . Effective Date. This Ordinance shall be effective upon its passage and
publication.
Dated the day of , 2010.
Kathi Hemken, Mayor
Attest:
Valerie Leone, City Clerk
(Published in the New Hope- Golden Valley Sun -Post the day of , 2010.)
P.':ATTORNEYsSAS \I CLIENT FILES \2 CITY OF NEW HOPE,99- 40151(SOLICI TORS) \PEDDLERS- SOLICITORS - TRANSIENT MERCHANTS ORDINANCE2.DOC
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