SAN JUAN COUNTY

Peddling Ordinance on track for July 14 hearing

Lopez Island farmer Gary Franco sold strawberries from Skagit Valley farms at his strawberry stand on the corner of Main Street and North Beach Road in Eastsound June 22.

posted 06/23/2009
People who want to peddle their goods and wares would need permits to do so on publicly-owned property in activity centers and Urban Growth Areas in San Juan County once the proposed peddling ordinance is passed. San Juan County Prosecutor Randy Gaylord presented the draft to the council at their June 22, 2009 meeting in Eastsound. In addition to the public place use permit, the vendor would also need the consent of the adjoining property owner.

Exemptions are allowed for charitable, religious, fraternal, and non-profit groups which have tax exempt status under 26 USC Section 501(c)(3) or other similar civic, charitable or non-profit organizations (such as Girl Scouts, Lions, Kiwanis, etc.).

Farmers, gardeners and others who are selling their own produce are exempted according to RCW 36.71.090. The 1897 law states: It shall be lawful for any farmer, gardener, or other person, without license, to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person and no city or town shall pass or enforce any ordinance prohibiting the sale by or requiring license from the producers and manufacturers of farm produce and edibles as defined in this section.

Gary Franco, owner of Madrona Farms on Lopez Island, objected to the idea of the ordinance. He told the council the ordinance was clearly written just for him. "I have six acres under cultivation. I've had a tradition of vending from trucks since 1977. I've never had any trouble from police," he said. "This clearly, if it is passed, will shut down Madrona Farms and my legitimate business."

Franco told the council he sold hundreds of baskets of strawberries and cherries the previous weekend in Eastsound. When asked at his strawberry stand at the corner of Main Street and North Beach Road if the fruit came from his Lopez farm, he said no, it was from other farmers' farms in Skagit Valley.

The county prosecutor and Franco interpret the RCW differently. The meaning of "gather" is the point of contention. Franco accused Gaylord of deliberately leaving the word out of the report to mislead the council. The draft replaces the word gather with the word harvest.

The council heard concerns from Orcas Island Chamber of Commerce President Lance Evans, Eastsound Planning Review Committee Chair Gulliver Rankin and others. Rankin suggested the Agricultural Resources Committee could verify the provence of the fruit and vegetables. Evans expressed the chamber members concerns about protection of plants and landscaping and had other suggestions.

Councilmember Howie Rosenfeld cautioned, "I realize there is a quaint tradition of this which is being addressed by this ordinance...We ended up with a prohibition in Friday Harbor...This might provide a temporary way to preserve..but it will be abused and you will have to get more strict."

He wondered why there was no requirement for the vendors to carry liability insurance and requested the county Risk Manager be consulted.

The council directed Gaylord to incorporate the suggestions into the ordinance. A public hearing will be scheduled for July 14. If approved at that time, the ordinance would be in effect July 24, 2009. Permits would cost $25 per day. Violations would be a civil infraction with up to a $250 a day fine.

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