Ordinance Number 191

An ordinance to regulate the sale and peddling of good, wares and merchandise within the corporate limits of the Town of Deer Trail and provide a penalty for the violation of this ordinance. This ordinance expressly repeals ordinance no. 8 and is enacted pursuant to C.R.S. Sec. 31-15-501.

Be it ordained by the Mayor and Board of Trustees of the Town of Deer Trail, Colorado: 

Section 1. Definitions. 

Goods, wares, and merchandise: shall include all kinds of produce, vegetables, meats, fruits, wearing apparel, hardware or other articles commonly purchased at any retail store. Peddler or hawker: shall be any person who goes from home to home or upon the streets, alleys or public ways of said Town to sell, solicit, barter or exchange goods, wares or merchandise within the corporate limits of this Town.

Section 2. License Required.

It shall be unlawful for any person(s) or business entity to sell, offer for sale, solicit, barter, or exchange any goods, wares or merchandise within the corporate limits of the Town without first obtaining a license from the Town Clerk.

Section 3. License Fee.

The license fee for any peddler or hawker shall be as follows: For one day ($10.00), for one week ($50.00), and for one year ($150.00), provided that all licenses shall expire after one year.

Section 4. License Card.

Upon payment of the license fee, the Town Clerk shall give to the licensee a card which said licensee shall make plainly visible on his/her vehicle or trailer and a card to carry and show at the home of any Town resident. The licensee shall keep all license cards issued pursuant to this Ordinance 191, visible at all times during the term of the license. No peddler or hawker shall use or display a license card whose term has expired. No peddler or hawker shall allow any other person, other than the individual or entity named on the card to use said card.

Section 5. Special Events.

Special events for public participation are exempt for a license or license fee by Town Board when limited by the confines of the event.

Section 6. Produce.

The provisions of the ordinance shall not apply to any person selling food products of his/her own production, raised or grown within the State of Colorado, provided before such person attempts to sell said food products, he/she shall register with the Town Clerk. This section is included pursuant to C.R.S. Sec. 31-15-501 (1) (k).

Section 7. Penalty.

Any person (s) or business entity who shall violate any provision of this Ordinance shall be fined in a sum of not less than $5.00 and not more than $300.00 per day. Each day's violation of this Ordinance shall be considered a distinct and separate offense under the provisions of this Ordinance.

Section 8.

This ordinance shall take effect and be in force from and after its passage, approval and publication according to law.

Passed by the Board of Trustees of the town of Deer Trail, Colorado, this third day of December 1996.

Signed and approved by me this third day of December 1996

Hugh E. Johnson, Mayor

Attest: Kim C. Jeffery, Town Clerk per Jessica