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HomeMy WebLinkAbout1953 Ordinance No. 015. 2lL c. B Y A U T H 0 R I T Y 0 R D I N A N C E NO . 15 SERIES OF 1953 AN ORDINANCE RF:VOKING , CA~iCELLlNG AND VOlDINLI ALL PEDDLERS ' OR HAWliERS 1 LICEN SE::> HERETOFOHE ISSUED UNDER SECTION 7 , ORDINANCE NO . 9 , SE RI ES OF 1925 AS AMENDED , FOR THE BUSINES S , TRADE , OCGlJPATivN , ENTE f'P '.USE OR OPERATION OF SELLING AND DISTRIBUTING , OR OFFERING FOR SALE OR DISTRIBUTION , FROZEN h ILK , FR O:lE N DAIRY OR ICE CONFECT JON PRODUCTS, _0]1 _Cl\rID Y, GUM Oil OTHER CONF .~CTION Pl{QD UCT S , FR01 1 V~Hl C LE S ON THI.i; STREE TS, AILEYS, RIGHTS OF WAY OR PUBLIC v:A YS, IN Tl!"' CITY OF ~N1...L i'./.OOD , Cl1LOI100 : 1 DE CI.A RING SUCH BUSINESSES , TRADES, OPERATIONS , ENT E't P USES OH OPE .?.Al'l ON~ 'l'O 8~ NUJSANCES AND TO BE CON'l'H.AllY TO , AND AS CREATIN G A HAZARD TO , PUBLIC [-ffJ,LT I!, SA FETY ANT) hTELFARE J PROHIBITING THE SALE, DISTRIBUTION OR TH E OF j·E RING F'OR SALE , OF ANY OJ•' SAID HEHEIN 1ES CR'IRED PR ODUCTS F Ror i VEHICLES ON THE S 'f R5:El'S , AL.LEYS , RIGHTS OF 1.t:AY OJI PUBLIC WAYS IN TH E crrY OF ENGLEWOOD , EXC EPT FOR FROZEN MILK OR DAIRY P l?OD UC TS OR CONFECTJ8 NS DELIVERED IN RES PONSE TO PRIOR ORDER OF THE OCCUPANT OF A ™ELLil!G, AND PROVI9ING F'OR A PENALTY F On Tf!E VIOLATION HE REOF"• DECLA f?.ATION O!i' POLICY vJJEP.EAS , herP.tofore t h Pre have been issued licenses for the sale, distribution or offering f or sale or dj~t rlbution , frozen milk , froz en da iry or ice confection products , or candy , cum o. other confqc tion products, frorn vehicles on the stree ts, alleys, ri ~hts of w3y a n,1 p uul ic ways or LhP Cit,y of' Englewood to pers ons who qualifie d for snid purposes as pc ldloi·G or hawki•r.;, w1 .le r Orul nance No . 9 , Se ries of 1925 as amended, and ~~EllEAS , s n irl ou5incss s , trades , operations , enterprises and operal,ions ha ve hecn condur,t,ed jn su1.:h a manner a:.; to impede tra f fic and to con s titute a ha zard, and .• IE1EAS , t he products sold , distributed or off er ed for sale and distribution in s aid trades , occupations , en t erpr ises , businesses or ope r ations, are e s pecially attractive to minors of every a ce end tne persons cnga ged in s a id t rades, businesses, occupations, enterprises or ope rat,ions e s picially conduct the same so as to attract such minors trades or attention , an j said persons so en gaged make every effort to be attractive to minors , and WHEREAS , said minors frequently are of so immature an age as to be incapable of etermining the dant;er in en terin (• a public stre et , a lley, righ t of way or public way, and are incap able of avoidin6 other vehicule:r traffic in or der to avuid major injury or death , and v.l !EHEA.i , minors e nt,erin1 into th e streets , hie;hways , alleys a n d p ublic ways within t he City of En ~lewood in followin g the attraction of said trades, businesses, occupations , enterprises or operations , hav e created hazardous conditions an c prohibition is necessary to control injury, death or accident, a nd v~fEREAS , such prohibition has been requested by petition of the citizens of the City of En glewood an d ha s been recommended by the Police Depa rtment of said City following j nve stigation, and WHE REA S , all licenses herc tofor0 granted f or said trades , occupations, businesses, enterprises or opera !,ions wc r P l ;r ;111 Lf'd pursuant to the police powers of the City of Engl ewood £or control purposes and not £or t-.11P nurpose 0£ creating revenue , and no such license to use the streets , highways , right s of way , alleys or public ways may be granted as a permanent or vested rieht to any private business or enterprise but may be gr a nted only as a temporary license revocable at the will of the City Council of the City of Englewood, and \-IHEREAS ,the use of th e si,reets , hi0 hways, alleys and pub l ic ways of the City o f Englewood is subject to regulation and t o th e 9rohibition of certain uses in the exercise of police power for the pro tec tion of public he alth, safety, welfare and convenience, NOW , THERE FO ?.E , BE IT RES OLl/E D BY TH?. CITl COUNCIL OF THE CITY OF ENGLEWOOD, COWRADO : Section 1. That any and a ll licenses heretofore granted pursuant to the provisions 01· Section 7, ordinance No . 9 , Series of 1925 as amended , to any and all peddlers or hawkers for the business, trade , occupation , enterprise or operation of selling or distribution , frozen milk , frozen dairy or ice confection products, or candy , gum or other confect i on products, from vehicles on the streets, highways , alleys, rights of way or other public ways in the City of En[.lewood , Colorado, be and they are hereby, revoked, cancelled and voided from and after the effective date of this Ordinance, except that this Ordinance shall not affect the lclivery of any of said p roducts to a dwelling as a result of a prior orde r therefor made by the occupant of said dwelling , nor sha:l it affect the licensed delivery ve hicles of lice ns ed milk vendors or dairies making delivery upon order to the occupants of dwellings wi t hin the City. Section 2 . The trade, buainess, occupation, enterprise or operation of selling and distributine or offering for sale or distribution, frozen milk, frozen dairy or ice confection products, or candy , gum or other confe ction products from vehicles on the streets , high ways, alleys , rights of way or public way s in the City of En glewood is hereby declared unlawful a n d i s pr oL ibited from anrt a fte r the effective date of this Ordinance. I •• I :5· Section 3. The Trade, business, occupation, enterprise or operat ion of selling and distributing , or offering for sale or distribution, frozen milk1 frozen iry or ice confection producta, or candy, gum , or other confection products from vehicles on the ~t reets , hi!)'l ways, alleys, rights of way or public ways in the City of En elewood are hereby expres ::;ly declared to b e nuisances and contrary to the public health, safety, welfare and convenience and as being hazardous to life, lir.i~ and safety to residents of t he City of En ;':lcm od , Section 4. The term "vehicle" as used herein, shall .include every device in, upon , or by which any pe rson or nroperty is or may be transported or drawn upon the streets , hi?hways , ri rrh ts of way 1 alleys or public W'tY'S of the City of Englewood, irrespective of thes:>urce from which the power to oropel said vehicle may come, and irrespective of the number of whee ls of said vehicle. Section 5 . l'he use of bells , whistles, sirens, music, horns, or any other noise-makin r devfce for the purpose of attracting children or minors to any vehicle upon the streets, hieh ways 1 rights of way, alleys or public ways of the City of Englewood , for the purpose of selling or distributing or giving away any product 3 whatsoever to said minors , is here by rle clared to b e a public nuisance and hazard an d is expressly p rohibited and shall'OO unlawful from and a fter the effective date of this Ordinance , excepting such activities c arried on as a part of duly a uthorized public parade or procession. Section 6 . 4 ny person, firm corporation, as s ociation or partnership violatin fined in 90 days . any of the terms or provisions of this Ordinance shall, upon conviction, be a sum not to exceed ~300.00 or by imprisonment of a pe riod not to exceed The person, firm1 association shallte liable for the agents or em ployees and shall be subject to L he same co M..~i t ted by said a Gents or employe e s. acts of any of its or their penalties for violat ions Section 7. All ordinances or parts of ordinances of the City of En glewood directly In conflict herewith are hereby r ep ealed. Section 8. Should any pr ovision of this ordinance or its a p plication to any person, firm, r artnership 1 association or corporation or circumstance be held invalid, such invalidity shall no t affect the other provisions or applications of this ordinance . The City Council hereby declares that in this record the provisions of this ordinance are severable . Section 9. The City Co uncil hereby finds, determines and declai:"e s that this Ordinance is necessary f or the immediate preservation of the public peace, health , safety and convenience . Section lo. In the opinion of the City Council an emer genty exists; th erefore , this Ordinance shall take e ffe ct and be in force from and after its final passage and publication . PASSED on rirst Readin b by the City Council of the City of EngJewood 1 Colorado, this 1st day of June, A.D. 1953, and ordered published in Lhe Engle wood Enterprise. ,... p · ·:-:;1 1 Fin.,l '~-.r lin · J1 l~ r , F ·S 3, '\ .'J nnrl orcie~ect published i n ~p l ew ood Herald . <;:j Fd&t 3~ ~a;! - Mayor ~ ~-- ATTE.5T : ~ ,~ ~ity Cle ' ' ' I, J. L . Barron, Clerk of the City of En glewood , Colorado do hereby certify that the above and foregoinr 0 r~in .,~0 e was introduced and read in full and on Resolution was ordered pub lishe d : p,...p.1.J 1i nance for the Meeting July 61 1953 held by the City Council on s a id date and same was published June ~' i953 and June 111 1953, in the En glewood Enterpr.ise and for more than ten days thereafter and at a subsquent of the City ~ouncil h 0 l<i July 6 1 1953 . "AN ORDINANCE REVOKING, CA NCELLING AND VOIDING ALL PEDDLE:5 ' OR HAWK ET?.5 1 LIC ENSES HERETOFORE ISSUED UNDER SECTION 71 OR DINAN CE -NO. 91 SERIES OF 192.5 AS AMEN DED : As follows: as duly PA.)SED Alf) AD OPT ED an July 91 1953,as required by t h published in the Englewood Enterprise issue of Statutes of the State of Colorade. a~~~--" ____ 4 ----·~ c ' ) / .• ..