Chapter 62 PEDDLERS AND SOLICITORS*

Editor's note: Ord. No. 2002-12, � 1, adopted June 25, 2002, repealed in its entirety former � 62-1, which pertained to sidewalk sales regulations, and derived from � 10-202 of the Code of 1974.

Sec. 62-2.� Soliciting alms. (return to ch. 62)

It is unlawful for any person to solicit upon the public streets or in any private residences alms, gifts or contributions for private benefit unless the person so soliciting shall have first secured a permit from the city clerk authorizing him to conduct such operations within the corporate limits.

(Code 1974, � 6-413)

Secs. 62-3--62-40.� Reserved. (return to ch. 62)

ARTICLE II.� PEDDLERS AND HAWKERS (return to ch. 62)

Sec. 62-41.� Regulated. (return to ch. 62)

(a)�� Any nonresident person selling or attempting to sell at retail or take orders for any merchandise, magazines, books, or any other item of value, or who sells or attempts to sell a service of any kind, within the corporate limits of the city shall, prior to making any attempt to sell any such items or service, register with the police department and obtain a vendor's permit.� The chief of police or his designate shall require all applicants to provide photo identification, complete a registration form which authorizes the police department to make criminal history inquiries, and submit to photographs and/or fingerprints prior to receiving a vendor's permit.� There is a nonrefundable application fee that shall be paid in advance.� The chief of police or his designate may deny a vendor's permit for cause if the applicant has a criminal record involving violence, fraud, theft, or any felony conviction.

(b)�� Provisions of subsection (a) of this section shall extend to individuals doing door-to-door sales in any residential zone or door-to-door sales to any residential units in a nonresidential zone. This regulation does not extend to individuals calling on retail merchants for the purpose of taking orders or selling merchandise for resale by such merchants and does not apply to recognized route vendors operating within the city.

(c)�� A recognized route vendor is any company who regularly sells or attempts to sell at retail or take orders for any merchandise, magazines, books, or any other item of value, or who regularly sells or attempts to sell a service of any kind, within the corporate limits of the city and shall be required to provide proof upon request of collecting and remitting Nebraska sales tax and local option sales tax, where applicable.� There is a nonrefundable annual application fee that shall be paid in advance.

(d)�� The vendor's permit provided for in this section shall be displayed by the bearer upon the request of any citizen of the city.� The vendor's permit will be issued for a period of time, not to exceed fourteen (14) days, and may be renewed by the police department upon the receipt of another application fee.

(e)�� Any person failing to comply with the provisions of this section shall be in violation and subject to the penalties provided under section 1-9.

(Code 1974, � 10-201; Ord. No. 97-11, � 1, 6-10-1997; Ord. No.2001-8, � 1, 7-31-2001)

Secs. 62-42--62-70.� Reserved. (return to ch. 62)

ARTICLE III.� HANDBILLS* (return to ch. 62)

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*State law references: Authority to regulate the posting of handbills and advertisements, R.R.S. 1943, � 16-210.

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Sec. 62-71.� Definitions. (return to ch. 62)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet, or other printed matter of literature.

(Code 1974, � 10-206)

Cross references:� Definitions generally, � 1-2.

Sec. 62-72.� Distribution limited. (return to ch. 62)

The practice of throwing, casting, distributing, scattering or depositing handbills upon public property in the city is declared to constitute a public nuisance, except as permitted in this article.

(Code 1974, � 10-207)

Sec. 62-73.� Distributing on public property. (return to ch. 62)

No person shall deposit, place, throw, scatter or cast any handbill in or on any street, park, ground or other public place; however, the provisions of this section shall not be deemed to prohibit the handing of any handbill to any person willing to accept it.

(Code 1974, � 10-208)

Sec. 62-74.� Placing in vehicles. (return to ch. 62)

No person shall distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle on the streets of this city; however, the provisions of this section shall not be deemed to prohibit, upon the approval of the Chief of Police, the placing on vehicles in the designated area between Logan Street on the east and the west side of Pearl Street on the west and between the north side of Fourth Street on the north and the south side of First Street on the south, handbills containing only public information about the Main Street repaving project or only private business promotion pertaining to those businesses that abut Main Street between Fourth Street and Clark Street, or prohibit the handing or any handbill to the owner or occupant of any automobile or other vehicle who will accept it, and this section shall not be deemed to prohibit the city from placing any tickets, traffic infractions, or notices in or upon any automobile.

(Code 1974, � 10-209; Ord. No. 2006-11, �, 5-9-2006)

Cross references:� Traffic and vehicles, ch. 78.

Sec. 62-75.� Posting property prohibited. (return to ch. 62)

The owner or occupant of any property may place a sign in a conspicuous place near the entrance of the property indicating that no handbills are desired; and no person shall deposit, place, throw, scatter or cast any handbill on such property or solicit the right to make free delivery of any handbill to such property.

(Code 1974, � 10-210)