Ordinance 3902 (2).pdfORDINANCE NO. 3902
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PORTIONS OF CHAPTER
4.12 OF THE EDMONDS CITY CODE RELATED TO
PEDDLERS, SOLICITORS AND STREET VENDORS;
EXPRESSLY PERMITTING MOTORIZED MOBILE
VENDORS WITHIN CERTAIN AREAS OF THE CITY;
ESTABLISHING A REVIEW OF MOTORIZED MOBILE
VENDORS WHEN THE NUMBER OF PERMITTED MOBILE
VENDORS REACHES FIFTEEN;. AMENDING PORTIONS OF
CHAPTERS 16.43, 16.50, 16.55, AND 16.60 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO LIST
MOTORIZED MOBILE VENDORS AS AN EXCEPTION TO
OPERATING RESTRICTIONS WITHIN CERTAIN
COMMERCIAL ZONES; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, motorized mobile vendors (food trucks) are a growing trend across the
United States; and
WHEREAS, the City of Edmonds has received a number of requests for operating
motorized mobile vending units within the City; and
WHEREAS, there is confusing and conflicting language within the Edmonds City Code
and Edmonds Community Development Code as to whether motorized mobile vendors are an
allowed activity within Edmonds; and
WHEREAS, the City of Edmonds wishes to expressly permit motorized mobile vendors
within specific areas within the City; and
WHEREAS, after a public hearing on August 6, 2012, the City Council approved
proposed amendments to the Edmonds City Code and Edmonds Community Development Code
relating to motorized mobile vendors; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Amendment to Peddlers, Solicitors, and Street Vendor Regulations. Chapter
4.12 of the Edmonds City Code, entitled "Peddlers, Solicitors and Street Vendors," is hereby
1
amended to read as set forth in Attachment A, which is attached hereto and incorporated herein
by this reference as if set forth in full (new text is shown in underline; deleted text is shown in
Section 2. Amendment to Chanter 16.43 ECDC BD — Downtown Business. Section
16.43.040 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
16.43.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public uses such as utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Seasonal farmers' markets;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040;
8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
. Motorized and Nonmotorized Mobile vending units ineetin (lie criteria of Cha ter
4.12 ECC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
Section 3. Amendment to Chanter 16.0 ECDC BC — Community Business. Section
16.50.030 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
st-Mo -thf gh):
16.50.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except:
1. Public utilities and parks;
2. Off-street parking and loading areas, and commercial parking lots;
3. Drive-in businesses;
4. Plant nurseries;
5. Seasonal farmers' markets;
6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
7. Motorized and Nonmotorized. Mobile vending units meetiiig.. the criteria of Clea. tear
4.12 ECC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.:
Section 4. Amendment to Clea .ter 16.55 ECDC C — Commercial Waterfropt, Section
16.55.030 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
16.55.030 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building except for:
1. Petroleum products storage and distribution;
2. Sales, storage, repair and limited building of boats;
3. Public parks;
4. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC.
5. Motorized and Nonmotorized Mobile vending units meeting the criteria of Chapter
4.12 ECC.
B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards.
3
Section 5. Amendment to Chapter 16.60 ECDC CG — General Commercial. Section
16.60.040 of the Edmonds Community Development Code, entitled "Operating Restrictions," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
16.60.040 Operating restrictions.
A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed
building, except the following:
1. Public utilities;
2. Off-street parking and loading areas;
3. Drive-in business;
4. Secondary uses permitted under ECDC 16.60.010(B);
5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC;
6. Community -oriented open air markets or seasonal farmers markets;
7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC.
8. Motorized and Nonmotorized Mobile venLling units r eetin : the criteria of_0
4.12 ECC.
Section 6. Severability, If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
4
A'fT[-'.'S'I"/AUTf ll-.N'I'ICA,rED:
b'ry CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
01''FICE OF,n-iE CITY ATTORNEY:
JEFF 'fARADAY
FILED WITH THE CITY CLERK
PASSED BY "ITIE, CITY COUNCIL:
PUBLISHED:
ORl)INANCE NO. 3902
oulmokupol
MAYOR DAVID 0, EARL'ING
11-30-2012
12-04-2012
12-09-2012
12-14-2012
SUMMARY OF ORDINANCE NO. 3902
of the City of Edmonds, Washington
On the 4th day of December, 2012, the City Council of the City of
Edmonds, passed Ordinance No. 3902. A summary of the content of said ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PORTIONS OF
CHAPTER 4.12 OF THE EDMONDS CITY CODE
RELATED TO PEDDLERS, SOLICITORS AND
STREET VENDORS; EXPRESSLY PERMITTING
MOTORIZED MOBILE VENDORS WITHIN CERTAIN
AREAS OF THE CITY; ESTABLISHING A REVIEW OF
MOTORIZED MOBILE VENDORS WHEN THE
NUMBER OF PERMITTED MOBILE VENDORS
REACHES FIFTEEN; AMENDING PORTIONS OF
CHAPTERS 16.43, 16.50, 16.55, AND 16.60 OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE TO
LIST MOTORIZED MOBILE VENDORS AS AN
EXCEPTION TO OPERATING RESTRICTIONS
WITHIN CERTAIN COMMERCIAL ZONES; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 5th day of December, 2012.
4840-7251-8158, v. 1
iN
CITY CLERK, SANDRA S. CHASE
CHAPTER 4.12 PEDDLERS, SOLICITORS AND STREET VENDORS
4.12.010 Definitions.
A. "Solicitor" or "peddler" means any person who shall sell, offer for or expose for sale, or who
shall trade, deal or traffic in any goods or services in the city by going from house to house or
from place to place or by indiscriminately approaching individuals.
1. Sales by sample or for future delivery, and executory contracts of sale by solicitors or peddlers
are included; provided, however, that this section shall not be deemed applicable to any salesman
or canvasser who solicits trade from wholesale or retail dealers in the city.
2. Any person who, while selling or offering for sale any goods, services or anything of value,
stands in a doorway, any unenclosed vacant lot, parcel of land, or in any other place not used by
such person as a permanent place of business shall be deemed a solicitor or peddler within the
meaning of this chapter, except as noted in subsection B of this section.
B. "Street vendor" means any person who shall sell food, flowers, nonalcoholic beverages only,
and/or other goods or services from either a motorized or nonmotorized mobile vending unit_
llaaa�ar ��wll z1 �m
the 'A
l'lm>nclsilucli�rtixed...lot~t,,�m.:iglrt®;:1�
,;.try.-.ad'i
to t at�ca1,ti�ntai;11 tl ltlter—i 1..��n�ally zr�1.rstiso ze
N l lal > 1 ! al 1los r 11N,; Cep Riurvitt'_131i ian 1W,' - el ifil
C. '`i1 otmind mobile vetadin tinit" the ans a Irtick. vall or otla r m olorized veilicic
iaact'a` grates a kitc.licii o oIhe food..lj�epara(i�.�n area fro ill ��,hic1i pre:l�ared'' �� plc � ka�cl ��sc:��l
may be sold.
D. "Noninotorized Mmobile vending unit" means a cart, kiosk or other device capable of being
pushed by one person, with at least two functional wheels and positive wheel -locking devices.
[Ord. 3513 § 1, 2004; Ord. 2536 § 1, 1985; Ord. 830 § 1, 1960].
4.12.020 License required.
A. It shall be unlawful for any person to act as solicitor, peddler or street vendor within the
meaning and application of this chapter unless that person or his/her employer shall have first
secured a license in the manner provided in this chapter.
1. Any person who shall sell, deliver or peddle any dairy product, meat, poultry, eel, fish,
mollusk, or shellfish must first obtain a license pursuant to this chapter.
2. No licenses shall be issued or maintained for the sale of poultry or poultry products or meat or
meat products which are adulterated or distributed under unsanitary conditions.
3. No licenses shall be issued for the sale of shellfish unless the vendor can produce a certificate
of compliance as required by RCW 69.30.020.
B. All persons acting as a solicitor, peddler or street vendor shall comply with all laws,
ordinances and regulations, including all Snohomish County health department requirements.
[Ord. 3513 § 2, 2004; Ord. 2990 § 1, 1994; Ord. 2536 § 1, 1985; Ord. 830 § 2, 1960].
ATTACHMENT A to Ordinance No. 3902
C. All solicitors. beddlers or street vendors must report any sales made within the Citv of
Edmonds to the Denartmrre rit of Revenue as sales that have oc .ttr recl within the Citv.
4.12.030 License fees.
The license fees for solicitors, peddlers or street vendors shall be as follows:
A. Investigation Fee. New applications for a solicitor, peddler or street vendor license shall be
accompanied by a nonrefundable investigation fee of $10.00. Except as provided in section B
hereof, this investigation fee shall be tendered only with the initial application of any individual.
B. Annual Fee. On January 1 st of each year all solicitor, peddler and street vendor licenses shall
automatically expire and be null and void unless an annual fee of $25.00 is paid to the city clerk;
provided, however, for licenses issued after June 30th of any year, only one-half of the annual
fee shall be required. Any license renewed after June 30th of any year shall be treated as a new
application and subject to the investigation fee. For each mobile vending unit, there shall also be
an annual fee of $200.00. Associated solicitor, peddlers and street vendors, and mobile vending
units operated as an adjunct to an existing licensed business shall pay any fee(s) set forth in
subsection C of this section.
C. Associated Solicitor, Peddler and Street Vendor, and Associated Mobile Vendor Fee. An
annual fee of $8.00 per year per person or unit shall be paid by the following person or unit(s)
licensed:
1. For each additional person soliciting, peddling or vending under a principal applicant's license
issued pursuant to subsection B of this section; and/or
2. For each mobile vending unit operated as an adjunct to an existing licensed business on a site
immediately adjacent to the business and authorized for use pursuant to a street use permit.
The fees provided for by this section shall not be reduced after June 30th as provided for annual
fees in subsection B of this section.
D. Exemptions. The following persons shall be exempt from license fees and applications
required under this chapter:
1. Newspaper carriers;
2. Charitable, religious or nonprofit organizations or corporations which have received tax
exempt status under 26 USC Section 501(c)(3) or other similar civic, charitable or nonprofit
organizations;
3. Peddlers of fruits, vegetables, berries, eggs or any farm produce edibles raised, gathered,
produced or manufactured by such person;
4. A person who, after having been specifically requested by another to do so, calls upon that
other person for the purpose of displaying goods, literature or giving information about any
article, thing, product or service;
5. Notwithstanding the exemptions provided herein, all exempt persons must provide proof of
their exempt status along with photo identification upon request by a prospective customer or
law enforcement officer;
ATTACHMENT A to Ordinance No. 3902
6. Exempt persons are exempt only from city business licensing requirements and must comply
with all provisions of law, ordinance and regulations and all applicable Snohomish County health
district requirements. [Ord. 3096 § 1, 1996; Ord. 2990 § 2, 1994; Ord. 2536 § 1, 1985; Ord. 2435
§ 4, 1984; Ord. 1619 § 1, 1972; Ord. 830 § 3, 1960].
4.12.040 License application — Information required.
A. Any person, firm or other organization desiring to secure a solicitor's, peddler's or street
vendor's license shall apply therefor in writing to the city clerk, on forms provided by the city,
and such application shall set forth as to each solicitor, peddler or street vendor as the principal
applicant as follows:
1. The name, address and telephone number of the principal applicant, firm or other
organization;
2. In the event the name or address of the applicant has changed within the last two years, each
name and address over the last two-year period preceding the most recent;
3. The nature or character of the goods, wares, merchandise or services to be offered by each
principal applicant;
4. A list of the persons originally contemplating solicitation, peddling or street vending within
the city of Edmonds, and the information required in subsection B of this section as to each;
5. The name, address and telephone number (business and home) of the individual acting as
manager of the principal applicant;
6. Written approval for the vending site from the abutting property owner and/or tenant in
accordance with ECC 4.12.055(L); and
7. Such other information as reasonably required by city officials.
B. For each person soliciting, peddling or street vending within the city of Edmonds pursuant to
a principal applicant and license as required herein, whether acting as an employee, independent
contractor, or otherwise, the following information shall be provided to the city clerk on forms
provided by the city and shall set forth as to each such person the following:
1. His or her name, address and home telephone number;
2. The name, address and telephone number of the person, firm or other organization holding the
principal license;
3. His or her age and general personal description as required by the city;
4. Any and all facts relating to any conviction of crimes as such information may be required by
the city in the application form; and
5. Such other information as reasonably required by city officials.
C. The city clerk shall refer the application to the chief of police, who shall make a criminal
history background investigation of the applicant. Upon completion, the chief of police shall
forward the results of the investigation to the city clerk.
D. If, as a result of the investigation, the applicant is not found to have committed any of the acts
requiring denial as listed below, the city clerk shall, upon payment of the prescribed fee, issue
ATTACHMENT A to Ordinance No. 3902
the license to the applicant. The city clerk shall deny the applicant the license if the applicant
has:
1. Committed any act consisting of fraud or misrepresentation;
2. Committed any act which, if committed by a licensee, would be grounds for suspension or
revocation of a license;
3. Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to
his or her fitness to engage in the occupation of peddler, solicitor or street vendor and including,
but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or
misrepresentation;
4. Been charged with a misdemeanor or felony of the type defined in subsection (D)(3) of this
section, and disposition of that charge is still pending;
5. Been refused a license under the provisions of this chapter; provided, however, that any
applicant denied a license under the provisions of this chapter may reapply if and when the
reasons for denial no longer exist; and
6. Made any false or misleading statements in the application.
E. Every peddler shall be required to carry the peddler's license and display it along with photo
identification upon request by a prospective customer or law enforcement officer.
F. The city clerk is authorized to promulgate rules regarding the manner and method of payment,
including a prohibition or regulation of payment by check, and the form of the application. [Ord.
3513 § 3, 2004; Ord. 2990 § 3, 1994; Ord. 2536 § 1, 1985; Ord. 1619 § 2, 1972; Ord. 830 § 4,
1960].
4.12.050 Investigation of applicants.
It shall be the duty of the chief of police to investigate each applicant made under ECC 4.12.040,
in which investigation the chief of police shall determine:
A. The genuineness of all credentials presented by the applicant and/or the individual solicitor,
peddler or street vendor and the reliability of the product or services;
B. If the applicant and/or its solicitor, peddler or street vendor has a criminal record;
C. The truth of the facts set forth in the application; and
D. If the applicant or solicitor, peddler or street vendor proposes to engage in a lawful and
legitimate commercial or professional enterprise.
Such investigation must be completed within a reasonable time. [Ord. 2536 § 1, 1985; Ord. 830 §
5, 1960].
4.12.055 Street vendor requirements.
Any person seeking a permit for a street vendor license under the definition of this chapter shall
comply with the following requirements:
ATTACHMENT A to Ordinance No. 3902
ISA. Mobile vending units nnaym be wallowed to o��e�a°°ate villain tlac 11�1Vtayviaa', conlinerc ialiy Zoned
areas ncl clir t! tnaz. nec.l crpel°�2r ti �I�t d It adjacent to or abutting conlinerciall . ollc�j
areas:
d' Nonmotorized
Zones
and BD51. t 1 i I ° a t (CW), G
Medical Use MY) and Public Use
B. In addition to the licensing requirements of this chapter, any street vendor shall be required to
obtain a street use permit .11fi �aation lees, for street use L)g-Li1 s<ire those,established by (lie
cit It1�gi,1flye dsciton. A licagn iceshl be.faal tto citynDY-1—A.-
prior
to issuance of any permit.
C. All advertising shall be placed on the nonmotorized mobile vending unit and will not be
allowed on the street or sidewalk. Maximum sign area allowed shall be 10 square feet.
D. The vending site shall be kept clean and orderly at all times, and the vendor must provide a
refuse container and is encograged aaavidc ccntaaners liar a'ecy,t.i. No portion of a vendor's
inventory, sales equipment, or any other structure or equipment used in the sales or solicitation
process shall be left overnight upon any unenclosed portion of any lot or site within the city, nor
upon any public street or right-of-way, witlt�t wtl'-ir�iw` strs+lrit lrlilt
vending tinit issued pursuant to ELGG 4.12.030(B) and (G).
E. The city reserves the right to limit the number of vending permit sites in any given area of the
downlownCity. 'fl developmenta' r , shall deteftnine the allowable „ r,l- e - 4
eonsid r tion,i 1r laen the nuanber of permitted aaaobile veaidors reachciila.fjmm cnn review
Ebel"ore the Ci!Y t: OUncil is triggemrcd tai determine i fthe jigi aber of mobile vendors sliaamllld be
limited. The City Council review may consider the needs of the public, diversity of products
offered for sale, the sinoothlow of )edestriati and vehictalar traffic. �a�aanl:�e7 cel �s�,..aaaa
id
�__..
locations where the vending units are located.
F. If located on a sidewalk, a minimum clearance of five feet shall be maintained by any street
vendor.
G. Street vendors shall not locate within that portion of improved street right-of-way designed
for vehicular traffic or parking. Street vendors seeking to locate in improved street rights-of-way
or on sidewalks shall be oriented toward pedestrian traffic movement or safety. Any application
to locate a street vendor in the street right-of-way shall require approval by the city traffic
engineer and shall not interfere in any way with vehicular or pedestrian traffic or safety.
H. No mechanical audio or noise making devices and no hawking is allowed. Hawking is the
loud, repeated oral solicitation of business by the vendor or an assistant.
I.to°eel—ve (Al )a-s,...aua l.r rh�it l ar l a� St:aec�t vendors may Operate aatmarks a.l`tlaoy litive a
_._�.. g ' aajea t witli flap C"ity ol" l�dnlolads to o aa(e a,aat a t lrc : aak paop�ygh.
ccar:accsroaaa ace
J. Street vendors, are prohibited l in residentially zoned areas, and unzonedproperty or right-
of-w,gly adjacent to zoned areas.
ATTACHMENT A to Ordinance No. 3902
eity rights of way reserved for- ,�ehieular traffic, diming er oher tfansporta4ian.
K. All street vendors shall comply with all applicable Snohomish County health district
requirements.
L. The applicant shall submit with his application a copy of the written approval for the vending
site from the abutting, propei4y owner an&or tenant property owner when locating on private
property. Wliep, locatijig on a sidewalk witilin (Ile Eiglit-of-way, the a) licam sliall liave writteti
41)vroval for theLkLr and/or teiiant, In the event that
the property owner or tenant shall disagree, the property owner's decision shall be final.
1. In the event that the proposed site is on or abuts property owned by the city of Edmonds, the
applicant shall be required to obtain the city's approval. Approvals relating to park property shall
be handled as a request to let a concession under the terms of this chapter. Request for sites
abutting all other public land owned by the city shall be forwarded to the city council for their
review and approval.
2. In the event that the jjiLo MQU
_��n or abuts joublically owned IT,rtv not owned by the
C i te, Of 13d III onds, thg.meh�L,-1riL,hall be rea Laired to,,o bta i ji alb p.Lo Ilromt1leotiblic(LIIIAY A)�q
owns the property.
23. In the event that the site for which approval is sought abuts vacant land, the applicant shall
make reasonable written attempts to secure the approval of the property owner. If the applicant is
unable to do so, the city may accept written proof of such attempts and issue a conditional
permit. If a complaint is later received from the owner of the land, the license shall be revoked.
The granting of such a conditional license shall vest no right in the applicant.
M. When 1nontina ,9
within n nrk-inoN of a private location, !be Unjic,c111t.'Zh,11F
V-
I . ldcntfly flic location the mobile %tcgdin unit will ire located and jj�iovide a circulation plan.
The location and circulatioii 1"Ilite �Apvroval bathe city traffic. eng Lriger to gigire [lie
vending unit will not interfere in anv way with vehicular or pedestrian traffic or safety.
2. Denionsu*ate Illat the site will meet Lhe ),.EkjEgjjt.(jyirqrnents of 17,50 CUILIditI&I thC
. _L _L . . ...... . . ........
parking snace(s) OCCUDied by the mobile vending unit.
N. The maximum permissible size for any noni-notorized mobile vending unit shall be:
1. Thirty square feet for sidewalk locations; and
2. Fifty square feet for locations within the street or other public right-of-way or when located on
private property.
3. In no event shall any nonniotorized mobile vending unit exceed 10 feet in length. [Ord. 3 513
§ 4, 2004; Ord. 3270 § 1, 1999; Ord. 2536 § 1, 1985].
0. Dtirijig,snecial events lield willdn the ("'it y \y1wre ro a)( I r(L tje s are requji,ed to
participate (Such as the Edmonds Art Festival and Taste of Edmonds), no mobile vending units
qei4*4+ij-e of the special event.
4.12.060 Issuance of license — Expiration.
ATTACHMENT A to Ordinance No. 3902
The chief of police shall determine, within a reasonable time, from his investigation, that the
facts set forth in the application are true, that the purpose of the applicant and its solicitors,
peddlers or street vendors is to engage in a lawful and legitimate commercial or professional
enterprise.
Having determined these facts, he shall then approve the application and the city clerk may issue
the license applied for. Such license shall expire on the 31 st day of December of the year in
which such license has been issued. Except as hereinafter provided, no license shall be issued
until the conclusion of the aforesaid investigation. [Ord. 2536 § 1, 1985; Ord. 830 § 6, 1960].
4.12.065 Soliciting and peddling restrictions.
All licenses issued pursuant to this chapter shall be subject to the following time and location
restrictions:
A. Fourth of July Fireworks Display. For the purpose of crowd and traffic control on the Fourth
of July, all soliciting after 6:00 p.m. within one mile of the official fireworks display shall take
place only within the confines of the fireworks viewing area as designated by the chief of police
on the Civic Center playfield.
B. No peddler or solicitor shall engage or attempt to engage in the business of peddling at any
home, residence, apartment complex or business that prominently displays a "No Peddlers" or
"No Solicitors" sign or any other similar sign that communicates the occupants' desire to not be
contacted by peddlers.
C. No peddler or solicitor shall engage in the business of peddling between the hours of 8:00
p.m. and 9:00 a.m. [Ord. 3513 § 5, 2004; Ord. 2990 § 4, 1994; Ord. 2370 § 1, 1983].
1). Motorized and noiiinotor red r iobile yei&h g. units which are local d directly adiac rit to
residentiallv-zoned piouerty may not operate between the flours of 9.00 p.m and 8:00 a.m.
Motorized and nonmotorizedmmobile vending units not located directly adjacent to residentially-
zoned property may not overate between the hours of 11:00 n.m.. and 6 a.m.
4.12.070 Carrying of license required.
Such license shall be carried at all times by each solicitor, peddler or street vendor for whom
issued, when soliciting, canvassing or street vending in the city of Edmonds, and shall be
exhibited by any such solicitor, peddler or street vendor whenever and wherever he or she shall
be requested to do so by any police officer or any person solicited. [Ord. 2536 § 1, 1985; Ord.
830 § 7, 1960].
4.12.080 Revocation of license.
Such license may be revoked by the city of Edmonds for the violation by either the employer or
the solicitor, peddler or street vendor of any of the ordinances of the city of Edmonds. The city of
Edmonds may also revoke a license for a street vendor under the following conditions:
A. Failure to comply with the terms of this chapter;
B. Misrepresentation of facts in the licensee's application for the necessary permits;
C. Failure to comply with the terms of a valid street use permit;
D. Creation of a hazard to the public health or safety; or
E. As otherwise provided herein. [Ord. 2536 § 1, 1985; Ord. 830 § 8, 1960].
ATTACHMENT A to Ordinance No. 3902
4.12.085 Appeal procedure.
A. Whenever the city clerk determines that there is cause for denying any license application or
revoking any license issued pursuant to this chapter, the clerk shall notify the person holding the
license using at least one of the following methods: 1) registered or 2) certified mail, return
receipt requested or 3) personal service on the licensee. Notice mailed to the address on the
license shall be deemed received three days after mailing. The notice shall specify the grounds
for the denial or revocation of a license.
B. The applicant or licensee may appeal the decision of the city clerk to deny or revoke a license
by filing a written notice of appeal to the city council within 48 hours of the city clerk's decision.
C. Upon timely receipt of the notice of appeal, the city clerk shall set a date for hearing the
appeal, which shall occur within 10 days of receipt of the appeal. The city clerk shall mail notice
of the date of the hearing to the applicant or licensee at least five days prior to the hearing date.
D. The hearing shall be de novo. The city council may affirm, reverse or modify the city clerk's
decision.
E. The decision of the city council shall be final. Any person desiring to appeal must file an
appropriate action in Snohomish County Superior Court within 14 days of the city council's
decision. [Ord. 2990 § 5, 1994].
4.12.090 Purchase orders — Form and content.
All orders taken by license solicitors, peddlers or street vendors shall be in writing, in duplicate,
stating the name as it appears on the license, the address of both the solicitor, peddler or street
vendor and his employer, the terms thereof, and the amount paid in advance, and one copy shall
be given to the purchaser. [Ord. 2536 § 1, 1985; Ord. 830 § 9, 1960].
4.12.100 Penalties.
Any person or persons who violate or fail to comply with any of the provisions of this chapter
shall upon conviction of said violation be punished as provided in ECC 5.50.020. [Ord. 2536 § 1,
1985; Ord. 1619 § 3, 1972; Ord. 830 § 10, 1960].
4.12.110 Severability.
Should any section, clause or provision of this chapter be declared by the courts to be invalid, the
same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part
declared to be invalid. [Ord. 2536 § 1, 1985; Ord. 830 § 11, 19601.
ATTACHMENT A to Ordinance No. 3902
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
S.S.
6AWA�h�"7,tr�=�`W# ORDINANCE It&�...;1,RE12
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The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
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,if Edrmflc ti a" � Nrorturrswce, N 390 A s�'�r°� mvy `t WIL
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
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Snohomish, and State of Washington; that said newspaper is a newspaper of general
AN DRrGltsAtsU OF Di O T N.N y f7r fNt PIER
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circulation in said Count and State; that said newspaper has been approved as a legal
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r r�3 O ME t I1GACRIUS COY Y POD RELATED t��"�
newspaper b order of the Superior Court of Snohomish County and that the notice
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Summary of Ordinance No. 3902
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COMPAFACIAL taNGF6'3i 3,6GNt N vVA LSP R4604
EFFE 'TViF DATE,
"N"'he tuts Nusr u,g qwt Ok r frctsnra wHi ne gtut ted tquawi n request, _ _
IPuNv holly,,d'.iNfu ceirn or 9. m012N r� ��r y Nub ......,.FwA.. ----fA ro N II.�OA.ro.�.,. a printed copy of which is hereunto attached, was published in said newspaper proper and nd
and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
December 09, 2012
and that said newspaper was regularly distributed to its subscribers during all of said period.
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Subscribed and sworn to before me this 10th
day of December, 2012
t
Notary Public in and for the State of "itvajnnflon„ residing at Everett, ';,inohornish
County.
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001803764