AR 030706 Ordinance - Unlicensed Itinerant Vendors

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 0-06-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON ADDING CHAPTER 12.44 TO THE COLTON MUNICIPAL CODE TO REGULATE THE SEIZURE, AND RELEASE, OR DISPOSAL OF PERISHABLE GOODS FROM UNLICENSED ITINERANT VENDORS CONDUCTING BUSINESS WITHIN THE CITY WHEREAS, unlicensed itinerant vendors conducting business in the City are subject to arrest or citation, as well as the seizure and impoundment of perishable and non-perishable goods in the possession of the unlicensed itinerant vendor; and WHEREAS, the City Council wishes to ensure that persons cited or arrested for unlicensed itinerant vending are provided due process of law while at the same time protecting the public health, safety and welfare through appropriate enforcement of the City's Municipal Code; and WHEREAS, by providing a process for the inspection and release of seized perishable goods, this ordinance will protect the property rights of persons cited or arrested within the City, while allowing the City to continue to implement its business license requirement in a fair and equitable manner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS: Section 1. Chapter 12.44 is hereby added to the Colton Municipal Code and shall read as follows: "12.44.010 Definitions. For the purposes of this Chapter, the following words shall have the meanings set forth herein: "Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for sale. "Itinerant Vendor' means any person who engages in an Itinerant Vending Business, regardless of whether such person is the owner of the goods offered for sale, or the servant, agent or employee of the owner.