§ 3.62.100. Prohibited acts.

No transient merchant, peddler, or person making street sales, or any person acting on behalf of said transient merchant, peddler, or person making street sales shall:

(a)

Shout, blow on a horn, ring a bell, or use any loudspeaker or amplifying system for the purpose of advertising or otherwise announcing his or her wares, or business activities, except as may be permissible under any other ordinance of the city of Council Bluffs, Iowa, or statute of the state of Iowa, and such acts shall be specifically prohibited after 9:00 p.m. and before 9:00 a.m. on any day of the week;

(b)

Have any right to any location in the public streets or ways or upon any public property, nor shall he/she be permitted to operate in any congested area where such operations might impede or inconvenience the public. The judgment of a police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public inconvenienced;

(c)

Sell or offer to sell goods, wares, or merchandise from a mobile vending unit on any of the city's public streets between the hours of 10:00 p.m. and 7:00 a.m. on any day of the week, and on any of the city's arterial streets as set forth on the city's arterial street map between the hours of 4:00 p.m. and 6:00 p.m. on any day of the week;

(d)

Sell or offer to sell goods, wares, or merchandise on any of the city's public streets or other areas that are situated within a one block radius of any school between the hours of 7:30 a.m. and 4:30 p.m. during the days when any such school is in session;

(e)

Sell or offer to sell goods, wares, or merchandise from a mobile vending unit unless said mobile vending unit is parked in accordance with the ordinances of the city of Council Bluffs, Iowa, and the statutes of the state of Iowa;

(f)

Sell or offer to sell goods, wares, or merchandise from a mobile vending unit from any side of the unit other than the curb side of said mobile vending unit;

(g)

Operate a mobile vending unit that is not equipped with an accessible container in which all litter and wrappers from goods, wares, or merchandise sold therefrom can be placed, and it shall be the duty of the operator of said mobile vending unit to see that any litter and wrappers do not remain after completing sales in any one location; or

(h)

Enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import.

(Ord. No. 6082, § 1, 6-14-2010).

Editor's note

Ord. No. 6082, § 1, adopted June 14, 2010, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter and derived from Ord. No. 5794, § 3, 2004.