HomeMy WebLinkAbout0391Ndam'
ORDINANCE NO. 391 (New Series)
AN ORDINANCE RELATING TO AND REGULATING THE
PRACTICE OF ENTERING UPON PRIVATE RESIDENTIAL
PREMISES OF THE CITY OF SAN LUIS OBISPO BY
SOLICITORS, PEDDLERS AND TRANSIENT VENDORS,
DECLARING SUCH ENTRY TO BE A NUISANCE UNLESS
AUTHORIZED, PRESCRIBING PENALTIES FOR THE
VIOLATION THEREOF, AND REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT WITH THIS
ORDINANCE
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1* The entry in or upon private residential
property or premises in the City of San Luis bispo by solicitors,
peddlers, hawkers, itinerant merchants or transient vendors of
merchandise without invitation or authorization of the occupant,
or the occupants, of such residential premises 'so to do for the
purpose of soliciting orders for goods, wares and merchandise, or
disposing of or peddling or hawking the same.is declared to be and
hereby constituted a public nuisance and a misdemeanor, punishable
as hereinafter set forth®
SECTION 2. It shall be unlawful for any person, firm or
corporation, directly or indirectly, to enter upon any private
residential premises in the City of San Luis Obispo for any of the
purposes set forth in Section 1 hereof without first obtaining from
the Police Department of said city a permit in writing so to do,
and said Police Department is hereby authorized to require from each
applicant for such a permit before issuing the same such credentials
as said police department may deem necessary or desirable in the
public interest, and said police department may require any such
applicant to submit finger prints of the applicant or of any
person desiring to solicit, peddle, hawk, deliver, sell or buy
goods, wares and merchandise in or upon any such private residential
premises in said city.'.
SECTION 3. "Private residential premises" for the
purposes of this ordinance is defined as follows:
Any premises in said city whereupon any person, or persons,
are residing or living including private residences, hotels, boarding
houses, rooming houses, apartments, flats, bungalow or motor courts or
multiple residential dwellings.
SECTION 4. "Solicitors, peddlers, hawkers, itinerant
merchants and itinerant vendors of merchandise" and each of such
terms, are defined for the purposes of this ordinance as follows:
Solicitors, peddlers, hawkers, itinerant merchants and
transient vendors of merchandise not having a fixed place of business
within the city limits of the City of San Luis Obispo.
SECTION 5. Any person, firm or corporation violating any
of the provisions of this ordinance shall be guilty of a misdemeanor
and upon conviction thereof shall be punishable by a fine not exceeding
$100.00 or by imprisonment in the County Jail, County of San Luis
Obispo, State of California, for not exceeding thirty (30) days, or
by both such fine and imprisonment.
SECTION 6. All ordinances and parts of ordinances in
conflict with this ordinance are hereby repealed.
SECTION 7. This ordinance, together with the ayes and
Noes, shall be published for two days before its final passage in
the Telegram- Tribune, a daily newspaper printed, published and ��,9
-1- 3y
circulated in said City, and the same shall t ake effect and be in
force thirty days after its final passage.
INTRODUCED AND PASSED TO PRINT this Rj_ day of
December$ , 1953, by the following vote:
AYES: Paul. W.Davis Richard E.Gragg,
Kenneth W.Jones,Fred H.Lucksinger
NOES: None
ABSENT: Nels Beck
ATTEST :
-2-
Mayor
_41,h day of _.._j_gtl_ua.ty
19_5
r, F,. Nels Beck Paul W.Davis ichard E.Gragg,Kenneth W.Jones Fred H.
Luckanger
None
Non4
T r
1
GEORGE L.ANDRE
PETER R. ANDRE
ANDRE & ANDRE
ATTORNEYS AT LAW
1041 CHORRO STREET
SAN LUIS OBISPO, CALIFORNIA
TELEPHONE 3344
June 17, 1954
Mr. J. H. Fitzpatrick
City Clerk
San Luis Obispo, California
Re: Ordinance 391 (New Series)
Dear Mr. Fitzpatrick:
GEORGE L.ANDRE
CITY ATTORNEY
SAN LUIS OBISPO
Regarding your request for an interpretation of Ordinance
391 (New Series), it is my opinion that Section 1 of the
Ordinance prohibits at all times, and without any ex-
ception, the entry upon private residential premises of
solicitors, peddlers and vendors of merchandise who do
not have a fixed place of business located within the
ci y imi s of e City of San Luis Obispo.
Section 2 of said Ordinance, in my opinion, allows
solicitors, peddlers and vendors of merchandise who
have a fixed place of businesa located within the city
limits of the City of San Luis Obispo to enter upon
private residential premises, in the city, provided
they have also obtained from the Police.Department a
written permit to do so.
Very truly yours,
i
C'
City Attorney of the City
of San Luis Obispo
GLA:ilm