An Ordinance in Relation to an Update to Chapter 23, Peddlers and Solicitors, to Accommodate Burlingtonians and Visitors on April 8, 2024

Sponsor: Traverse
Rules suspended and placed in all stages of passage: 03/11/24
Date: 03/11/24

Signed by Mayor: 03/13/24
Published: 03/13/24
Effective: 04/03/24

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Chapter 23, Peddlers and Solicitors, of the Code of Ordinances of the City of Burlington be and hereby is amended to add the following:

23-16 Special 24-Hour Peddler License for April 8, 2024

Purpose. Burlington is in the path of totality for a solar eclipse occurring on April 8, 2024. An unprecedented number of people are anticipated to visit Burlington on this date. To ensure sufficient amenities are available to Burlingtonians and our visitors, the provisions of this article shall be temporarily amended as follows:

(a) A special 24-hour peddler license may be issued for April 8, 2024, authorizing peddling at any location throughout the city as permitted by Section 23-15 and designated for peddling by the City’s Director of Business Workforce and Development pursuant to Sub-Section 23-16(e), provided that the provisions of Section 23-6(a)(1)(d) related to peddling in and around city parks shall remain in place.

(b) The application requirements for 24-hour peddler certificates set forth in Section 23-15(c)(3)(b) shall apply to all applicants seeking a special 24-hour peddler license, except that applicants seeking to peddle in and around city parks shall also obtain authorization from the Parks Commission. This shall be notwithstanding the use of the term “marketplace” throughout Section 23-15 and shall be understood to mean all applicants seeking a special 24-hour peddler license pursuant to this Section.

(c) The combined application and license fee for a special 24-hour peddler license shall be one-hundred dollars ($100.00). The city may also require that peddlers selling food pay the deposit required by Section 23-6(d)(3). This fee and deposit requirements shall apply regardless of a peddler’s location.

(d) All applications for special 24-hour peddler licenses shall be submitted to and subject to final review by the city clerk. Upon receipt of a satisfactorily completed application, the requisite fee, and proof of insurance as required by Section 23-3(h), the city clerk shall issue the special 24-hour peddler license, as long as space is available as provided under this Section, and provided further that the applicant is not in violation of any applicable provision of this Code. Any denial of a special 24-hour peddler license shall be a final determination and there shall be no administrative appeal.

(e) The Director of Business and Workforce Development may designate any number of peddler sites throughout the city, including those eligible for vehicle endorsement, and any restrictions set forth herein on how far peddlers must be from each other, or a business selling similar produce or wares, may be waived. Such designations shall be submitted to the city clerk forthwith for processing of applications received pursuant to this Section.

(f) The Director of Business and Workforce Development may in their discretion, as needed to safely and efficiently designate peddling locations as outlined herein or otherwise carry on the business of April 8, 2024 within the City in the same manner, temporarily suspend any provision enumerated in Section 23-11, excepting that relating to discharge of grease, ash, or refuse onto any street or sidewalk.

(g) Peddlers that receive a special 24-hour peddler license may request a vehicle endorsement that authorizes the placement of a vehicle on a city street or right-of-way, regardless of the peddler’s location. If a vehicle for which an endorsement is requested exceeds thirty (30) feet in length, the city clerk may only issue such endorsement after consultation with the Department of Public Works and a determination that the vehicle will not impede the free flow of safe pedestrian, vehicle, or emergency personnel passage.

(h) A peddler that has already received a peddler license or certificate under this Article may peddle on April 8, 2024 to the extent permitted by their existing license or certificate without having to apply for a separate special 24-hour peddler license.

(i) Except as set forth in this Section, all other requirements of this Article shall apply to peddlers granted a special 24-hour peddler license.

(j) This Section shall sunset in its entirety and be stricken from the Code of Ordinances effective April 9, 2024.

*Material underlined added.

BT/hm/Ordinances 2024/An Update to Chapter 23, Peddlers and Solicitors to Accommodate Burlingtonians and Visitors On April 8, 2024

March 11, 2024