[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 12-6-1993 by L.L. No. 4-1993 (Ch. 30 of the 1979 Code). Amendments noted where applicable.]
Noise — See Ch. 192.
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- (3) Neither the word "peddling" nor the word "soliciting" shall apply to:
- (a) Peddling or soliciting by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military service of the United States of America and/or by the holder of a license granted pursuant to § 32 of the General Business Law and/or the peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities and those persons designated by the Board of Trustees during certain Village functions, such as "Fair on the Square" and "Sidewalk Sale Days," are excepted from the provisions of this chapter. Other not-for-profit organizations may be exempted from this provision upon application and on an individual basis. This exemption will not be granted to any organization that hires or contracts either orally or in writing with a vendor as part of its event. That vendor will be responsible for obtaining the proper permits.[Amended 4-15-1996 by L.L. No. 2-1996]
- (b) The seeking or taking of orders for, or the selling or offering for sale of, insurance by insurance agents or brokers licensed under the insurance laws of the State of New York.
- SOLICITOR or PEDDLER
- Any person who shall engage in soliciting or peddling, respectively, as hereinabove defined.
- Village of Delhi.
Usage. The singular shall include the plural.
No person shall engage in soliciting or peddling or acting as a transient merchant in the Village without first registering with the Village Clerk.
Every person desiring to engage in soliciting or peddling in the Village shall obtain approval from and register under oath with the Village Clerk. Upon such application, such person shall give his name, address and age; his previous criminal record, if any; the name and address of the person for whom he works and a letter appended to the application authorizing the applicant to represent the firm the applicant purports to represent, if any; the type or types of article, device, subscription, contribution, service or contract which he desires to sell or for which he wishes to solicit within the Village; the length of time he wishes to be registered; the type of vehicle he uses, if any, and its registration number; and the name, address and title of a company officer upon whom process or other legal notice may be served, if the applicant is a corporation or company.
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper. No license issued under this chapter shall be transferable from one person to another.
[Amended 7-20-1998 by L.L. No. 5-1998]
Prior to the issuance of a permit under the charitable rate provisions of this section, any person making application therefor shall provide to the Village Clerk a signed and dated statement from the charity or charitable organization stating the individual or entity making the application for said permit is acting on its behalf, and setting forth therein the percentage of the gross proceeds which they will receive from sales made by the vendor. A vendor shall only be entitled to pay the charitable organization fee if 20% or more of the gross proceeds are to be paid to the charitable organization.
Any vendor who pays the charitable license fee shall at all times display a statement at the point of sale setting forth what percentage of the gross proceeds of the sale will be given to the charitable cause or organization.
Upon registering with the Village Clerk as aforesaid, each solicitor or peddler shall be issued a license or permit and may be permitted to solicit or peddle within the Village for the licensed period beginning on the date such license or permit is issued and ending on the expiration date thereof. Such license or permit shall not be transferable.
Every solicitor or peddler shall, at all times while engaged in soliciting or peddling in the Village, carry evidence of such registration upon his person and shall exhibit such evidence upon request to all police officers, Village officials and citizens.
No solicitor or peddler shall engage in selling or offering for sale, or in seeking or taking of orders or contracts for, any goods, wares, merchandise, article, device, subscription, contribution, service or contract not mentioned upon such license, nor shall any person use any vehicle for soliciting or peddling other than the vehicle registered upon his license.
No license issued under the provisions of this chapter may be transferred from one person to another. The person designated in said license shall be the only person authorized to engage in such business thereunder.
No person shall engage in soliciting or peddling at any time on Sunday or on any other day of the week before 9:00 a.m. or after 5:00 p.m. except upon invitation from or an appointment with the resident.
No person engaged in soliciting or peddling or as a transient merchant shall hawk or cry his goods, wares, merchandise, articles, contracts or services upon any of the streets or sidewalks of the Village, nor shall he use any loudspeaker or horn or any other device on public property for announcing his presence by which members of the public are annoyed.
[Amended 7-20-1998 by L.L. No. 5-1998; 10-21-2002 by L.L. No. 5-2002]
No person engaged in soliciting or peddling or as a transient merchant shall park any vehicle upon any of the streets or alleys of the Village in order to sort, rearrange or clean any of his goods, wares or merchandise or any samples, order books, contracts, circulars, literature or advertising matter pertaining thereto; nor may any such person place or deposit any refuse upon any such street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the Village for longer than necessary in order to solicit from or peddle to persons residing in the immediate vicinity.
No person engaged in soliciting or peddling shall occupy any of the streets or alleys or sidewalks of the Village for the purpose of soliciting or peddling, with or without any stand or counter.
No person engaged in soliciting or peddling shall enter upon premises for the purpose of soliciting or peddling which are posted with signs indicating that soliciting or peddling thereon is prohibited.
The Chief of Police shall keep a record of all registrations made under this chapter, and the Chief of Police shall supervise the activities of all holders of such licenses.
Any license hereinafter issued may be revoked by the Police Department or Village Clerk or Board of Trustees of the Village upon the failure of the licensee to comply with the standards of conduct established in §§ 211-6 through 211-10 or upon ascertainment that the licensee has made any false statements in the application for license hereunder.
Any person whose license has been revoked shall be entitled to appear, with counsel if desired, before the Board of Trustees of the Village at a regular or special meeting and be heard on behalf of a request for reinstatement of said license.
[Amended 6-5-1995 by L.L. No. 3-1995]
Each permit shall be issued in card form, shall be carried by the person for whose benefit it is issued and shall contain the following information: permit number, fee paid, date of issue, expiration date and the name of the applicant, address of the applicant, name and address of the employer and the signature of the applicant.
Any person who violates the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $250 or imprisonment for a period not to exceed 15 days, or both. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
In addition, any person who violates any provision of the foregoing may be subject to a loss of license privilege herein granted.