ORD20091308-Peddlers-Clean
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1308
AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.03
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Peddlers, Solicitors and Transient Merchants)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 12, Section 12.03, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
12.03 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
(1) PURPOSE.
This chapter is intended to protect against criminal activity, including fraud and burglary, to
minimize the unwelcome disturbance of citizens and the disruption of privacy and to
otherwise preserve the public health, safety and welfare by regulating, controlling and
licensing door-to door solicitors and peddlers as well as other transient merchant trade.
The regulations contained in this chapter are not intended to regulate speech by any person,
but merely regulate the activities of those individuals selling or offering for sale merchandise
or requesting contributions for a charitable purpose.
It shall be unlawful for any Peddler, Solicitor or Transient Merchant to engage in any sales or
solicitation within the City of Muskego without being issued a license for that purpose as
provided herein except those individuals that are exempt as defined in Section (3).
(2) DEFINITIONS. (As used in this chapter.)
(a) "Peddler" means a person who goes from place to place within the City
offering for sale property which he/she carries.
(b) “Solicit” and “Solicitation” means and includes any one or more of the
following:
1. Selling or offering for sale, or taking or attempting to take orders for the
sale of goods or services of any kind;
2. Selling or offering for sale, or taking or attempting to take orders for books,
magazines, periodicals, newspapers and every other type or kind of
publication;
3. Requesting contributions, directly or indirectly, on the plea or
representation that such contributions will be used for a charitable or
religious purpose.
(c) "Transient Merchant" means a person who temporarily engages in the retail
sale of merchandise at a fixed location in the City.
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(d) "Charitable Organization" means any benevolent, philanthropic, patriotic, social
service, welfare, educational, civic, cultural, religious (when soliciting), or
fraternal person, partnership, association or corporation.
(e) “Contribution” means and includes alms, food, clothing, money, property,
financial assistance or other thing of value. A contribution, as defined herein,
shall also include a sale or offer to sell any book, card, magazine,
membership, merchandise, subscription, ticket or other thing in connection
with which an appeal is made of any charitable purpose.
(f) "Sales Event" is an event during which numerous independent persons,
businesses or firms are gathered together within a specific area to offer
various types of goods for sale to the general public. A sales event includes
one-time events as well as events held on a periodic basis. "Sales Events"
shall include events organized by a local sponsor and held on a regular basis
if the event involves any independent seller or dealer who does not attend and
sell at every event. Events which typically will be defined as "Sales Events"
include, but are not limited to, flea markets, craft fairs and any other events in
which various independent exhibitors offer a variety of goods for sale.
(3) EXEMPTIONS.
No license shall be required by the City of Muskego as provided by this Ordinance of the
following persons or categories of persons. All other provisions of this chapter must be
complied with.
(a) Persons selling personal property at wholesale to dealers in such articles.
(b) Children under 18 years of age who are residents of the City.
(c) Persons delivering to regular customers on established routes.
(d) Waukesha County Residents, farmers or truck gardeners offering to sell
products of the farm or garden occupied and cultivated by them.
(e) Sales required by Statute or order of the Court.
(f) Bona fide auction sales conducted pursuant to law.
(g) Any church, fraternal or civic organization whose principal location is within
the city limits of Muskego, including the Muskego Community Festival.
(h) Any person exempt by Section 440.51 of the Wisconsin Statutes (Statewide
license for ex-soldiers).
(i) Religious organizations. The exemption does not pertain to a religious
organization that is soliciting.
(j) Political organizations.
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(4) APPLICATION FOR A LICENSE.
A sworn, written application for a license under this section shall be filed with the City Clerk-
Treasurer on a form provided by the Clerk’s office. The form shall require the necessary
information from the applicant as the Police Department shall need for the effective
enforcement of this section and safeguarding of the residents of the City from fraud,
misconduct or abuse. Applicants shall present a valid Driver’s License at the time the
application is submitted, or some other proof of identity as may be reasonably required.
(a) Peddlers and Solicitors. The applicant who is the prospective licensee must
obtain a license in his/her own name. The prospective licensee must further
obtain a permit for each individual person peddling or soliciting.. The
prospective licensee and each person peddling or soliciting under the licensee
is required to remit fees as set forth in Section 5.
(b) Transient Merchants. The applicant who is the prospective licensee must
obtain a license in his/her own name. The prospective licensee is required to
remit fees as set forth in Section 5. Applicants for a Transient Merchant
license must contact the Community Development Department to determine if
review and approval is needed by the Plan Commission. The Clerk-Treasurer
will not issue the license until such approval is obtained.
Any sales to be conducted on property governed by the Parks and Recreation Department
must comply with Chapter 26 of the Municipal Code of the City of Muskego.
(5) FEES.
(a) Every applicant for a license under this section shall pay a daily fee or the
annual fee as set by a resolution approved by the Common Council.
(b) The annual fee shall be assessed on a calendar year basis. On or after July 1,
the amount of the annual fee for a license shall be one-half of the amount for
the remainder of the year except for an application for a Transient Merchant.
The annual fee established for a Transient Merchant license shall be the same
no matter when the application is submitted or how long the licensee
operates.
(c) An investigation fee for each prospective Peddler, Solicitor or Transient
Merchant shall be paid at the time the application is submitted. The fee
charged shall be set by a resolution approved by the Common Council.
(6) CHARITABLE ORGANIZATIONS
Any organization defined as a “Charitable Organization” shall file a sworn, written application
with the City Clerk-Treasurer on a form provided by the Clerk’s Office. The form shall require
the necessary information from the applicant as the Police Department shall need for the
effective enforcement of this section and safeguarding of the residents of the City from fraud,
misconduct or abuse.
(a) Charitable organizations are exempt from payment of the license fee except
for the investigation - fee for each representative of the organization. The fee
charged shall be based on the actual costs associated with the investigation
and is nonrefundable.
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(b) Proof of tax-exempt status must be furnished to the City Clerk-Treasurer.
(7) INVESTIGATION AND ISSUANCE.
(a) Upon receipt of each application, it shall be referred to the Chief of Police who
shall immediately institute such investigation of the applicant's business and
moral character as he/she deems necessary for the protection of the public
good and shall endorse the application in the manner prescribed in this
section within 72 hours after it has been filed by the applicant with the Clerk.
(b) The Police Chief shall not endorse a license applicant for any of the following
reasons, but shall not be limited to them:
1. The application contains any material omission or materially inaccurate
statement.
2. The applicant was convicted of a crime, statutory violation or ordinance
violation within the last five years, the nature of which is directly related
to the applicant's fitness to engage in direct selling or solicitation.
3. The applicant failed to comply with any applicable provision of Sec. (4)
above.
(c) If as a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the Chief of Police shall endorse
on such application his disapproval and his reasons for the same, and return
the said application to the City Clerk-Treasurer, who shall notify the applicant
that his application is disapproved and that no license will be issued.
(d) If as a result of such investigation, the applicant's character and business
responsibility are found to be satisfactory, the Chief of Police shall endorse on
the application his/her approval and return the application to the City Clerk-
Treasurer, who shall issue the license. Such license shall contain the
signature of the issuing officer and shall show the name of said licensee, the
type of license issued, the license fee paid, the date of issuance and
expiration. Each Peddler, Solicitor or Transient Merchant must secure a
personal license. No license shall be used at any time by any person other
than the one to whom it is issued. The Clerk-Treasurer shall keep a record of
all licenses issued.
(8) LOUD NOISES AND SPEAKING DEVICES.
No licensee, nor any person in his behalf, shall 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
therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or
other public places, for the purpose of attracting attention to any goods, wares or
merchandise which such licensee proposes to sell.
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(9) USE OF STREETS.
No licensee shall have any exclusive right to any location in the public streets, nor shall
he/she be permitted a stationary location thereon, or be permitted to operate in a congested
area where such operation might impede or inconvenience the public use of such streets.
The judgment of a police officer, exercised in good faith, shall be conclusive as to whether
the area is congested and the public impeded or inconvenienced.
(10) EXHIBITION OF LICENSE.
Licensees are required to exhibit their certificate of license at the request of any citizen. Any
person licensed herein, upon the demand of any police officer, shall exhibit his/her license
and certify that he/she is the person named therein.
(11) PROHIBITED PRACTICES.
A licensed or exempt Peddler or Solicitor shall be prohibited from: calling at any dwelling or
other places between the hours of 8:00 p.m. and 9:00 a.m. except by appointment; calling at
any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No
Solicitors" or words of similar meaning; calling at the rear door of any dwelling place; or
remaining on any premises after being asked to leave by the owner, occupant or other
person having authority over such premises.
(12) DUTY OF CITY TO ENFORCE.
The City police shall require any person seen peddling or soliciting, and who is not known by
such officer to be duly licensed, to produce his/her license and shall enforce the provisions of
this section against any person found to be violating the same.
(13) RECORDS.
The police department shall report to the City Clerk-Treasurer all convictions for violation of
this section, and the City Clerk-Treasurer shall maintain a record for each license issued and
record the reports of violation therein.
(14) REVOCATION OF LICENSE.
(a) Licenses issued under this section may be revoked by the Common Council
after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation, or incorrect statement contained in the
application for license.
2. Fraud, misrepresentation or incorrect statement made in the course of
carrying on business as a Solicitor, Peddler, or Transient merchant, .
3. Any violation of this section.
4. Conviction of any crime or misdemeanor.
5. Conducting business as a Peddler, Solicitor, or Transient Merchant, as
the case may be in an unlawful manner or in such a manner as to
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constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public.
(b) Notice of the hearing for revocation of a license shall be given by the City
Clerk-Treasurer, in writing, setting forth specifically the grounds of complaint
and time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee’s last known address at least 5 days prior to the date set for
hearing, or shall be delivered by a police officer in the same manner as a
summons at least 3 days prior to the date set for hearing.
(15) APPEAL.
Any person aggrieved by the action of the police or the City Clerk-Treasurer in the denial of a
permit or license as provided in sub. (7 ), may appeal to the Common Council. Such appeal
shall be taken by filing with the Common Council, within 14 days after notice of the action
complained of, a written statement setting forth fully the grounds for the appeal. The
Common Council shall set a time and place for a hearing on such appeal and notice of such
hearing shall be given to the appellant in the same manner as provided in sub. (14) for notice
of hearing on revocation.
(16) REAPPLICATION.
No licensee whose license has been revoked shall make further application until at least 6
months have elapsed since the last previous revocation.
(17) EXPIRATION OF LICENSE.
All annual licenses issued under this section shall expire at midnight on December 31. Other
than annual licenses shall expire at midnight on the date specified on the license.
(18) SALES EVENTS.
The individual exhibitors involved in a sales event, as defined in Subsection (2)(f), shall not
be required to obtain individual licenses as provided in this section, provided, however, that
the following conditions are complied with:
(a) The person organizing the event, or an agent if the event is being organized
by a corporation, shall obtain a sales event license from the City Clerk-
Treasurer of the City of Muskego.
(b) In order to obtain a sales event license, the applicant must file a sworn, written
application with the City Clerk-Treasurer on a form to be furnished by the City
Clerk-Treasurer. The form shall require the necessary information as the
Police Department shall need for effective enforcement of this section and
safeguarding of the residents of the City from fraud, misconduct or abuse.
(e) The applicant must obtain a separate license for each day that the sales event
takes place.
(d) Upon receipt of the application, the application shall be referred to the Chief of
Police for investigation pursuant to Subsection (7).
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(e) The applicant or a sales event licensee shall pay a daily fee for each day that
the sales event takes place as set by a resolution approved by the Common
Council.
(19) PENALTY
Any person who shall violate any provision of this Chapter shall be subject to a penalty as
provided in Section 25.04 of this Municipal Code.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction
to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section
or portion thereof directly specified in the decision, and not affect the validity of all other
provisions, sections, or portion thereof of the Ordinance which shall remain in full force and
effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance
are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage and
publication.
th
PASSED AND APPROVED THIS 24 DAY OF NOVEMBER , 2009.
CITY OF MUSKEGO
_______________________________
John R. Johnson, Mayor
ATTEST: First reading: 11/10/2009
_________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: 12/3/2009
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