[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 4-3-1985 by L.L. No. 6-1985. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A device linked to a financial institution' s account records
which is able to carry out transactions, including, but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries,
and mortgage and loan payments.
[Added 8-9-2023 by L.L. No. 7-2023]
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, in any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any animal or vehicle standing in a street,
sells or barters, offers for sale or barter or carries or exposes
for sale or barter any goods, wares or merchandise, except as hereinafter
exempted.
To walk, stand, sit or lie, or place an object in such a
manner as to block passage by another person or a vehicle, or to require
another person or driver of a vehicle to take evasive action to avoid
physical contact.
[Added 8-9-2023 by L.L. No. 7-2023]
Any person engaged in the act of panhandling.
[Added 8-9-2023 by L.L. No. 7-2023]
Any solicitation made in person, requesting an immediate
donation of money or other thing of value. Purchase of an item for
an amount far exceeding its value, under circumstances where a reasonable
person would understand that the purchase is, in substance, a donation
for the purpose of this chapter. Offers to work for food or other
compensation, under circumstances where a reasonable person would
understand that the compensation given is, in substance, a donation,
is also a donation for the purpose of this chapter.
[Added 8-9-2023 by L.L. No. 7-2023]
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind.
A building, store, shopping center or mall in which persons
transact business or deal in goods, wares, merchandise and services.
Any street, sidewalk and parking lot on which people may
freely assemble, interact, and move about.
[Added 8-9-2023 by L.L. No. 7-2023]
Any vehicle used as a mode of mass transit.
[Added 8-9-2023 by L.L. No. 7-2023]
Includes, except as hereinafter expressly provided, any person
who goes from place to place or house to house or who stands in any
street or public place taking or offering to take orders for goods,
wares, merchandise, publications or services, except as hereinafter
exempted, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery or for work to be done at the premises of the offeree.
Includes, except as hereinafter provided, any person who
goes from place to place or house to house or who stands in any street
or public place asking, collecting or accepting pledges for money,
funds, contributions or merchandise in lieu of money, funds or pledges
for any purpose whatever.
The persons described in this section shall
be exempted from the requirements of obtaining a license as required
by this chapter. However, every such person shall comply with all
other provisions of this chapter, excluding the obtaining of a photo-identification
card. The following shall be exempt:
A.
Persons conducting sales pursuant to statute or by
order of the court.
B.
Any person selling personal property at wholesale
to dealers in such articles.
C.
Any honorably discharged member of the Armed Forces
of the United States who has procured a license as provided in the
General Business Law of the State of New York.
D.
Persons soliciting, hawking, peddling or collecting
anything for a not-for-profit organization or group located within
the Town of Rotterdam organized for and devoted to the promotion and
sponsorship of activities and events for charitable purposes or for
the benefit of youth within the Town or for veterans of the Armed
Forces of the United States or for the benefit of volunteer firemen.
Also exempted are persons soliciting, hawking, peddling or collecting
in connection with an activity sponsored by a school situate within
the Town.
E.
Vendors of first class newspapers.
[Added 6-13-1990 by L.L. No. 12-1990]
All persons who are entitled to any exemption, or conducting activities which are exempt under § 150-2D, shall make application for an exemption certificate prior to engaging in any hawking, peddling or soliciting, except that persons conducting school-sponsored activities other than for the solicitation of money alone shall not be required to procure an exemption certificate.
The application for an exemption certificate
shall be made to the Town Clerk on a form prescribed by the Town Clerk
and shall contain the following information:
A.
The name of the organization.
B.
The reason for claiming and documentary proof substantiating
entitlement thereto.
C.
The names and addresses of each individual to be engaged
in soliciting, hawking or peddling.
D.
The area of the Town in which the soliciting, hawking
or peddling will be carried on.
E.
The dates on which such activities will be carried
on.
F.
Any further information required by the Town Clerk
as proof of the applicant's entitlement to an exemption.
If the Town Clerk determines that the applicant
is entitled to an exemption, the Town Clerk shall issue an exemption
certificate on a form prescribed by the Town Clerk, which certificate
shall expire on the date specified therein.
[Amended 7-9-2003 by L.L. No. 9-2003]
A person representing an out-of-town organization of the type enumerated in § 150-2D and intending to peddle, hawk or solicit within the Town shall be entitled to an exemption certificate upon submission of an application containing the information prescribed by § 150-4, except that such applicant must obtain a photo-identification card prescribed in §§ 150-8 and 150-9 and pay a fee therefor.[1]
It shall be unlawful for any person within the
territorial limits of the Town of Rotterdam to act as a hawker, peddler
or solicitor or to solicit funds, as herein defined, without first
having obtained and paid for and having in force and effect a license
therefor or an exemption certificate issued by the Rotterdam Town
Clerk.
Every applicant for a license is required to
submit to the Town Clerk a written application supplying under oath
the following information:
A.
Whether he has ever been convicted of a crime and,
if so, the offense and date of conviction.
B.
The particular business, trade, occupation or purpose
for which the license is required or requested, stating such in detail.
C.
The manner or means of conveyance, if any, in which
said business or trade, solicitation or collection shall be conducted.
D.
The manner of engaging in the hawking, peddling or
soliciting (door-to-door, street corner, vehicle, etc.).
E.
The name, date of birth and residence of the applicant;
if he has a driver's license, the state of issuance; and if a corporation
is the applicant, the principal place of business and the name and
address of the officer of the corporation upon whom process or other
legal notice may be served. The applicant must produce whatever proof
of identification as may be reasonably required by the Town Clerk.
F.
Such other information as may be required by the Town
Clerk.
[Amended 8-9-2023 by L.L. No. 7-2023]
Each person to be employed as a solicitor, hawker or peddler or solicitor of funds shall apply individually for a separate license, except persons who are exempt as provided by §§ 150-2 through 150-6. Further, in order for Rotterdam citizens to be able to readily identify all licensed hawkers, peddlers or solicitors, each individual applicant must procure and receive a photo-identification card from the Rotterdam Police Department, and said photo-identification card must be conspicuously displayed on the person of the hawker, peddler or solicitor's outer clothing. Upon request of any person or police officer, each hawker, peddler or solicitor shall produce and make available his photo-identification card for closer inspection.
[Amended 8-9-2023 by L.L. No. 7-2023]
The application for a license obtained from the Town Clerk shall be completed by the applicant and submitted to the Town Clerk. If the application is complete and if the applicant is not disqualified by reason of the information contained therein, the Rotterdam Police Department shall make up a photo-identification card. The license and the photo-identification card shall be issued to the applicant upon payment of the license fees prescribed by §§ 150-15 and 150-16.
The Town Clerk shall not issue a license if
the applicant has been convicted of a felony within the past three
years or a misdemeanor within the past year or if any information
provided in the application is false. No person shall knowingly provide
false information in an application for a license or exemption certificate.
The application and a copy of the license shall
be filed in the Town Clerk's office. A copy of the application and
a copy of the license shall be transmitted to the Rotterdam Police
Department for filing.
A license shall not be assignable. Any unauthorized
use of a license by any person and the defacing or altering of a photo-identification
card is prohibited.
The Town Clerk may hold any application for
license or exemption pending investigation of facts presented. Such
pending applications must be approved or rejected within five working
days following the date of filing with the Town Clerk. The Town Clerk
may demand of any applicant for license or exemption any reasonable
verification or proof of facts to substantiate application. Failure
of applicant to provide such required proofs shall be grounds to deny
license or exemption.
[Amended 1-25-1989 by L.L. No. 1-1989; 5-12-1993 by L.L. No. 7-1993]
A.
Parade license. A parade license shall only be used for one day for use during the day that the parade is officially scheduled and only on the parade route and shall further expire at 12:00 midnight on the date the said parade is officially scheduled. The fee for the issuance of the original parade license and photo-identification card shall be as set forth in Chapter 126, Fees.
[Amended 1-25-1989 by L.L. No. 1-1989]
The license may be renewed for thirty-day periods for 12 months from the date of the original license upon payment for each renewal application of a fee as set forth in Ch. 126, Fees. The renewal application shall be on a form prescribed by the Town Clerk.
The Town Board of the Town of Rotterdam, upon
complaint of violation of this chapter or other ordinance or any law,
after investigation of the complaint by the Rotterdam Police Department,
if appropriate, and a hearing upon five days' prior notice to the
licensee or exempt person, may revoke any license or exemption certificate.
Upon the refusal of the Town Clerk to issue
a license or exemption certificate to the applicant or upon the determination
of the Town Board that a license or exemption certificate should be
revoked, the procedure prescribed in § 137 of the Town Law
of the State of New York shall be complied with.
[Added 8-9-2023 by L.L. No. 7-2023[1]]
A.
It shall
be unlawful for any person to panhandle when solicited in the following
places within the Town of Rotterdam, New York:
(1)
At
any bus stop; or
(2)
In
any public transportation vehicle or facility; or
(3)
In
any vehicle on a street or a driveway providing ingress to a street
where such driveway is open to the general public; or
(4)
Within
50 feet of any automated teller machine (ATM); or
(5)
On
private property, unless the panhandler is in physical possession
of written permission from the owner or lawful occupant thereof; or
(6)
On
public streets, walkways and parking lots, unless the panhandler is
in physical possession of a panhandler's permit obtained at the Town
of Rotterdam Clerk's office.
[Added 8-9-2023 by L.L. No. 7-2023]
It shall be unlawful for any person to panhandle in any of the
following manners:
A.
By intentionally
coming within three feet of the person solicited, unless that person
has indicated that he or she does wish to make a donation; or
B.
By intentionally
approaching a private residence in such a way as to place the residents
thereof in imminent fear or their safety; or
C.
By intentionally
obstructing the path of the person or vehicle of the person solicited;
or
D.
By intentionally
obstructing the path of the passage through the entrance or exit of
any building; or
E.
By soliciting
anyone under the age of 16; or
F.
By following
a person who walks away from the panhandler, if the panhandler's conduct
is intended to, or is reasonably likely to, intimidate the person
being solicited into responding affirmatively to the solicitation;
or
G.
By using
profane or abusive language either during the solicitation or following
a refusal.
[Added 8-9-2023 by L.L. No. 7-2023]
A hawker, peddler or solicitor or solicitor
of funds shall:
A.
Not falsely or fraudulently misrepresent the quality
or quantity of any article or articles offered for sale nor offer
for sale unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicle or receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for
sale well-covered and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him to stand
in one place for more than 10 minutes nor in front of any premises
or business establishment if the owner, occupant or lessee objects.
D.
Not blow a horn, ring a bell or use any other noise
or device to attract public attention to his wares nor shout or cry
out his wares.
E.
Not permit any vehicle used by him to stop for any
length of time so as to block or endanger vehicular or pedestrian
traffic or to block a crosswalk.
F.
Not create or maintain a booth nor stand or place
barrels, boxes or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
G.
Not hawk, peddle or solicit prior to 8:00 a.m. nor
subsequent to 8:00 p.m. Monday through Friday nor prior to 9:00 a.m.
nor subsequent to 5:00 p.m. on Saturday and Sunday. Home solicitations
shall be only by appointment, with consent of an adult occupant to
do so.
H.
Not enter any dwelling or residence without first
obtaining the consent of an adult occupant to do so.
I.
Not stand, hawk, peddle or solicit or solicit funds
on or near the premises of any business establishment, shopping center
or mall without the written consent of the owner or individual, agency
or organization responsible for the management and/or operation of
the same.
J.
Not sell, offer for sale or dispense any food, confectionary
or ice cream directly from a vehicle while said vehicle is on a public
street.
K.
Not hawk, peddle, solicit, distribute samples, pamphlets,
newspapers or any other materials while standing in or on any public
roadway or right-of-way or in such proximity to such roadway or right-of-way
as to hamper, distract or delay traffic or create a traffic hazard.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance of final delivery. One copy
of the order so written shall be given to the purchaser at the time
the deposit of money is paid to the solicitor.
For all sales, whether partial or final, for
wares, etc., immediately delivered or promised for future delivery
and containing a warranty or guaranty, such warranty and/or guaranty
should be in writing and expressly spelled out.
[Amended 8-9-2023 by L.L. No. 7-2023]
It shall be the duty of the Town Clerk to keep
a record of all applications and of each license, permit or exemption
certificate granted under the provisions of this chapter, giving the
number and date of each license or exemption certificate, the name
and residence of the person licensed, permitted or exempted, the amount
of the license fee paid and also the date or expiration or revocation
of each license or exemption certificate. Copies of all records shall
be supplied to the Rotterdam Police Department for its files and for
whatever action is deemed necessary to protect the public.
[Amended 8-9-2023 by L.L. No. 7-2023]
Any person who shall act as a hawker, panhandler,
peddler or solicitor or solicitor of funds, as defined herein, without
a license, permit or exemption certificate or who shall violate any
provisions of this chapter or who, upon having had his license or
exemption certificate revoked, shall continue to act as a hawker,
panhandler, peddler or solicitor or solicitor of funds shall, upon
conviction, be punished by a fine of not less than $25 nor more than
$250, and each day on which such violation continues shall constitute
a separate offense.
