HomeMy WebLinkAbout5.B.4. Ordinance Amending Chapter 6, Section 6.21, Explaining Peddlars Rights and Responsibilities-Ord. No. 756
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CITY OF SHAKOPEE
Police Department COf~SENT
Memorandum
To: Honorable Mayor, City Council
Mark McNeill, City Administrator
From: Officer Scott Weiers
Subject: Ordinance Amending Chapter 6, Section 6.21, Explaining Peddler
Rights and Responsibilities
Date: April 18, 2006
INTRODUCTION
Council is asked to consider amending the attached ordinance, Ordinance No.756, Fourth
Series, An ordinance of the City of Shakopee, Minnesota, amending the City Code
Chapter 6, Section 6.21 explaining Peddler rights and responsibilities,
BACKGROUND
The City of Shakopee welcomes those who are licensed to solicit within the city
limits as well as preserving the peace and sanctity of its residents. The. Shakopee
Police Department is responding to a rising number of citizen complaints with regard
to the visitation of unwanted solicitors. Current peddler ordinance does not clearly
define the role of law enforcement in dealing with violators of said ordinance; nor
does the ordinance address a resident's right to privacy by excluding peddlers from a
their property. By authorizing the amendment,. we hope to clearly define law
enforcement action that may be taken against the licensee who is in violation of said
ordinance,
ln addition, the Police Department introduces the concept of a solicitor placard
which will empower the landowner to prohibit sales activity and/or contact by an
authorized duly licensed agent as required by Shakopee ordinance. The concept of
the placard is beneficial to all parties. The property owner shall not be bothered by
unwanted solicitors on said property; nor does it restrict or interfere with the permit
application process. Both Woodbury and Credit River Township Ordinances
implemented the placard concept and have experienced a reduction in calls for service
dealing with unwanted solicitors.
The Shakopee Police Department has developed a placard that could be placed on
the City of Shakopee web site and easily. download. The placard would also be
available at the Shakopee Police Department. In this, any landowner may pick up or
download the placard and place it at the common point of entry to the residence and
or business. The Shakopee Police would honor and enforce any violations of the
placard.
VISIONING RELATIONSHIP:
This action supports:
Goal B: High Quality of Life
Strategy 3-Protect the Environment
Strategy 4- Foster Community Relations
RECOMMENDED ACTION:
Offer Ordinance No. 756 , Fourth Series, an Ordinance of the City of Shakopee,
Minnesota, amending City Code. Chapter 6, Section 6,21 explaining Peddler rights and
responsibilities, and move its adoption.
ORDINANCE NO. 756, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 6.21 PEDDLERS.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS:
Section 1. City Code Section 6.21 PEDDLERS, is amended by adding the following
subdivisions:
Subd. 7. Suspension or Revocation of a License. Anv license issued under and pursuant to this
Section mav be suspended bva police officer if the licensee is conducting business in such a
manner as to constitute a breach of peace. is engaging in fraudulent conduct. or anv other conduct
that is prohibited by local, state or federal laws or regulations. The license shall be automatically
revoked if the licensee does not file an appeal pursuant to this subdivision.
When taking action on any license issued under this Section. the police officer shall provide the
licensee with verbal or written notice ofthe alleged violation. The notice shall inform the
licensee of his or her right to be heard before the Citv Council. The notice shall also inform the
licensee that his or her license shall be automatically revoked if no appeal is filed by the licensee
within twentv-one (21) davs of the date of the notice by the police officer. Verbal notice shall be
confirmed within five (5) days by a mailed written notice to the licensee. The City Council shall
not conduct a hearing on the license suspension unless a request is made by the licensee in
writing. lf a request for a hearing is made. the City Council shall conduct the hearing at the next
available City Council session, NoCitv Council resolution or other notice calling for a hearing
shall be required.
Alicensee may also be criminallv charged for violation of Section 10.26 Disorderly Conduct of
City Ordinance Chapter 10. Public Protection, Crimes and Offenses or violation of other local,
state or federal laws or regulations.
Subd. 8. Hours of Operation. No peddler shall enter upon any residential premises for the
purpose of conducting business no later than eight o'clock (8:00) p.m., until nine o'clock (9:00)
a.m. ofthe following day, unless such person has been expresslv invited to do so bv the owner or
occupant thereof.
Subd. 9. Postin!! of Placard Prohibitin!! Peddlers.
A. Any City resident who wishes to exclude peddlers from premises occupied bv the
resident may place upon or near the usual entrance to such premises a printed
placard or sign bearing the following notice: "Peddlers Prohibited." Such placard
shall be at least 3~ inches long arid 3~ inches wide and the printing thereon shall
be at least ~ inch in height. No peddler shall enter in or upon any premises, or
attempt to enter in or upon any premises, where such a placard or sign is placed and
maintained.
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B. Violation of this subdivision shall result in the City temporarilv suspending the
license pursuant to Subdivision 7 ofthis Section or initiating revocation
proceedings.
Section2 - Effective date. This ordinance becomes effective from and after its passage and
publication.
Adopted in session of the City Council of the City of Shakopee,
Minnesota, held this _day of ,2006.
Mayor of the City of Shakopee
ATTEST:
City Clerk
276009vl (SJS)
SH155-23