[HISTORY: Adopted by the Town Board of the Town of Marilla 7-11-2013 by L.L. No.
4-2013.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 337.
Title. This chapter shall be known as Local Law No. 4 of the
year 2013 and be titled "Repeal and Enactment of a New Chapter 346
of the Code of the Town of Marilla."
Purpose and intent. The purpose of this chapter is to repeal
the existing Chapter 346 of the Code of the Town of Marilla and enact
a revised Chapter 346 as it relates to peddling and soliciting in
the Town of Marilla.
[1]
Editor's Note: This local law also repealed former Ch.
346, Peddling and Soliciting, consisting of Art. I, Soliciting, adopted
4-6-1992 by L.L. No. 1-1992 (Ch. 149, Art. I, of the 1999 Code), as
amended.
Pursuant to authority conferred by Town Law Article 9 and for
purposes of promoting the health, safety, morals and general welfare
of the Town and the peace and good order thereof, the Town Board of
the Town of Marilla does hereby enact the following chapter regulating
peddling and soliciting in the Town of Marilla.
For purposes of this chapter, certain words used herein are
defined as follows:
Includes, except as hereinafter expressly provided, any person,
whether a resident of the Town of Marilla or not, not having been
requested or invited to do so by the owner or owners, occupant or
occupants, traveling by foot, motor vehicle or other type of conveyance,
from place to place, from house to house, or from street to street,
carrying, conveying or transporting goods, wares, merchandise, magazines,
periodicals, food products or provisions, offering or exposing the
same for sale or making sales and delivering articles to purchasers
or delivering advertising matter or handbills or who offer services
or who, without traveling from place to place, shall sell or offer
the same for sale by foot, motor vehicle, or other conveyance, and
further provided that one who solicits orders as a separate transaction
and who makes deliveries to purchasers shall be deemed a peddler subject
to the provisions of this chapter. The word "peddler" shall include
the words "solicitor," "hawker" and "huckster." The word "peddler"
shall also include a person, as that word is hereinafter defined,
conducting transient business as that term is defined in § 85-a
of the General Municipal Law within the Town of Marilla.
One or more natural persons, corporations, limited liability
companies, partnerships, firms, associations, joint-stock companies,
clubs, societies, and all other entities of any kind.
It shall be unlawful for any person to engage in the business of a peddler as defined in § 346-2 within the Town of Marilla without first obtaining a permit as provided herein. It shall be unlawful for any applicant to obtain a permit through fraud, misrepresentation or false statement on such person's application. It shall also be unlawful for any permitted person to commit fraud, make misrepresentations or false statements in the course of carrying on his or her business as peddler.
Applicants for a permit under this chapter must file a sworn
application with the Town Clerk, in duplicate, on a form to be furnished
by the Town Clerk, which form shall provide the following information:
A.
Name and description of the applicant.
B.
Address of the applicant.
C.
Brief description of the nature of the business and/or the type of
goods or services to be peddled.
D.
A statement as to whether or not the applicant has ever been convicted
of any crime or violation of any municipal ordinance, together with
details as to the nature of the offense and the penalty imposed.
E.
Two photographs of the applicant taken not more than 30 days prior
to the date of the filing of the application, which pictures shall
be two inches by two inches in dimension showing the head and shoulders
of the applicant in a clear distinguishing manner.
F.
A statement of the applicant's citizenship.
G.
If the applicant is employed by another person, as that term is defined
herein, the name and address of such employer together with credentials
establishing the exact relationship between the applicant and the
employer.
H.
A statement as to the period during which the applicant intends to
peddle and, if feasible, the addresses or locations within the Town
in which the applicant intends to peddle. If the applicant proposes
to operate from a fixed location and the property is not owned by
the applicant, proof of written consent of the owner as to such peddling
must be attached to the application.
A.
Upon receipt of such completed application, the Town Clerk shall
undertake such investigation of the applicant's business and
fitness as the Town Clerk deems necessary for protection of the public
good.
B.
If the application should disclose that the applicant has been convicted
of a felony or if the application should disclose the applicant to
have been convicted of a misdemeanor pertaining to offenses involving
dishonesty or moral turpitude, thereby rendering the applicant unfit
or undesirable, the Town Clerk shall disapprove the application and
state the reasons for the same upon the application and notify the
applicant that the application is disapproved and no permit or license
will be issued.
C.
If, as a result of such investigation, the character or business
responsibility of one or more of the applicants, employees or persons
to be engaged in said business is found to be unsatisfactory, the
Town Clerk shall so inform the applicant. The applicant may either
delete said person or persons from the application or submit an amended
application listing other persons to be employees or persons engaged
in said business. The Town Clerk shall then cause such inspection
of the new persons listed as the Town Clerk deems necessary.
D.
If, as a result of such investigation, the character and responsibility
of the applicant are found to be satisfactory, the Town Clerk shall
endorse his or her approval on the same. Upon such approval and payment
of the fee prescribed, the Town Clerk shall prepare and deliver a
permit to the applicant. Such permit shall contain the seal of the
Town and the signature of the issuing officer and shall show the name,
address and photograph of the licensee, the type of goods or services
to be peddled thereunder, the permit number, the date of issuance
and the date of expiration of such permit. Such permit shall state
that the issuance of the same does not constitute an endorsement of
the product or services.
E.
Upon issuance of a permit pursuant to this section, the Town Clerk
shall provide the applicant with a "Do Not Disturb" list containing
the names of those residents who have filed a "Do Not Disturb" notification
with the Town Clerk. The approved applicant is obligated to refrain
from peddling to those persons or households contained on such list.
F.
The Town Clerk shall keep a record of all permits issued.
A.
The fee for each person proposing to peddle shall be $75. The permit
provided for herein shall be good for the calendar year in which issued.
There shall be no prorating or reduction of fees for fractional periods.
B.
The permit shall be revoked automatically upon conviction of a violation
of any of the provisions of this chapter.
Every peddler licensed under this chapter shall have his permit
in his immediate possession at all times when peddling and shall display
the same upon demand by any person.
No permit issued herein may be transferred from one person to
another.
A.
Solicitors or distributors for charitable, religious, political or
municipal organizations or other not-for-profit groups which are not
for pecuniary benefit and no part of the earnings of which inure to
the benefit of any individual.
B.
The peddling of food products produced by the person peddling such
products.
C.
Honorably discharged veterans of the Armed Forces of the United States
who have obtained a Veterans License pursuant to § 32 of
the General Business Law.
D.
Persons maintaining a regular delivery route in the Town of Marilla.
E.
Vendors at public or private events staged pursuant to permit.
F.
A person or persons licensed by the State of New York to conduct
the specific business or businesses to which the provisions of this
chapter would otherwise be applicable.
G.
Commercial sales persons or delivery persons calling exclusively
upon retail or wholesale establishments or other business firms within
the Town of Marilla.
H.
Representatives of the United States Government or any political
subdivision thereof acting in the carrying out of their regular duties.
Any person violating any provision of this chapter shall be
guilty of an offense punishable by a term of imprisonment not to exceed
15 days or by a fine not exceeding $250, or both. Each and every day
upon which said person shall continue to violate any of the provisions
of this chapter shall constitute a separate and distinct offense hereunder.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter, but they shall remain in full
force and effect, it being the legislative intent that this chapter
shall stand notwithstanding the invalidity of any part.
The prior local law or Chapter 346, adopted by Local Law No. 1-1992 on April 6, 1992, is hereby repealed and replaced by this local law.
This chapter shall become effective 10 days after publishing
and posting as required by law.
