As used in this chapter, the following terms shall have the
meanings indicated:
PEDDLE
To go personally from house to house, from store to store,
from place to place or from street to street or to deal out, distribute
or dispense, to sell and make immediate delivery or to offer for sale
and delivery any merchandise, goods, wares or provisions in possession
of the seller, or labor or personal services, at any place within
the City of Watervliet other than from a fixed place of business,
but shall not include mailing.
PEDDLER
Any person or company who peddles, as herein described. The
words "peddler," "hawker," and "vendor" are considered synonymous
terms.
PERSON
A person, firm, association, organization, partnership, company,
corporation, society, club and all other entities of any kind capable
of being sued.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for labor
or services to be performed at any place within the City of Watervliet
or to distribute advertising matter, but shall not include mailing.
SOLICITOR
Any person or company who solicits as herein defined.
Any peddler, hawker, solicitor or vendor licensed under this
chapter shall:
A. Not falsely or fraudulently misrepresent any article or articles
offered for sale or offer for sale any unwholesome, tainted or contaminated
goods, wares or merchandise.
B. Not permit any automobile or other vehicle used by him or her to
stop or remain in any crosswalk.
C. Not position himself or herself nor place any object in such a manner
so as to obstruct any street, sidewalk or public place.
D. Have in full force and effect a commercial general liability policy,
including personal injury liability insurance, and completed products
and operations insurance, in the amount of $1,000,000 per occurrence
aggregate. The City shall be included as additional insured on said
insurance solely for the license process.
E. If any automobile is used in the activity, have in full force and
effect a combined single limit automobile insurance for all owned
and nonowned vehicles used.
F. Execute a hold harmless agreement, in a form satisfactory to the
City, by which the applicant shall indemnify and save harmless the
City and its agents and employees from and against all claims, damages,
loss and expense (including but not limited to attorneys fees), arising
out of or resulting from the licensed activity, sustained by an person
or persons, provided that any such claims, damage, loss or expense
is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of property caused by the tortuous act or
negligent act or omission of the applicant, or the applicant's
employees.
G. Provide proof of statutory workers' compensation and employers'
liability insurance for all employees or a waiver of same as permitted
by law.
H. Not occupy, obstruct or in any way interfere with the normal public
use of any bench or other structure established by the City for public
use.
I. Display his or her license prominently at all times while engaging
in the licensed activity.
J. Immediately depart the premises of a business, householder, owner
or occupant upon being requested to do so.
K. Behave in an orderly and peaceful manner.
L. Comply with all other provisions of this chapter and all other chapters
of the City Code.
It shall be unlawful for any hawker, vendor, solicitor or peddler
licensed under this chapter, or any person on his behalf, to shout
make an outcry, blow a horn, ring a bell, or use any sound device
or any loudspeaker, including any loud-speaking radio or sound-amplifying
system, upon any of the streets, alleys, parks or other public places
of the City or upon any private premises in the City where the sound
is sufficient to be capable of being plainly heard upon the streets,
avenues, alleys, parks or other public places, for the purpose of
attracting attention to any goods, wares, or merchandise which such
licensee proposes to sell.
It shall be unlawful for any hawker, vendor, solicitor or peddler
licensed under this chapter to have any exclusive right to any location
in the public streets, or to be permitted a stationary location, or
to be permitted to operate in any congested area where his/her operations
might impede or inconvenience the public.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property,
knock on doors or otherwise disturb persons in their residences between
the hours of 9:00 p.m. and 9:00 a.m.
No person shall request a donation of money or thing of value,
or solicit or peddle in an aggressive manner, to be defined as follows:
A. Intentionally or recklessly making physical contact with or touching
another person in the course of solicitation without consent.
B. Following the person being solicited if that conduct is reasonably
likely to intimidate the person being solicited or put the person
in fear of harm or a criminal act.
C. Continuing to solicit within five feet of the person being solicited
after that person has made a negative response and has asked the solicitor
to discontinue.
D. Intentionally or recklessly blocking the safe or free passage or
the person being solicited whether on foot, or in a vehicle, or other
means of transportation.
E. Using obscene or abusive language or gestures while soliciting a
person.
F. Soliciting within 15 feet of a bank, or automated teller machine,
during hours of business or operation, without the expressed consent
of the owner of the property.
The provisions of this article are declared to be severable.
If any section, sentence, clause, or phrase thereof shall for any
reason be held to be invalid or unconstitutional by a court of competent
jurisdiction, such decisions shall not affect the validity of the
remaining sections, sentences, clauses, and phrases of this article,
but they shall remain in effect; it being the legislative intent that
this article remain in effect notwithstanding the validity of any
part.