[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 2-17-1937 (Ch. 34 of the 1975 Code). Amendments noted where applicable.]
This chapter shall apply only to that part of
the Town of Mamaroneck outside of incorporated villages, and whenever
and wherever the words "Town of Mamaroneck" are used, such words shall
mean the Town of Mamaroneck outside of incorporated villages.
As used in this chapter, the following terms
shall have the meanings indicated:
The stopping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle unattended by
a person capable of operating it for a period longer than necessary
to load or unload passengers or freight.
Includes individuals, copartnerships, corporations and incorporated
and joint-stock associations.
[Added 5-1939]
That portion of the street between the physically established
curblines and the designated property lines.
Every way set apart for public travel, except alleyways,
bridle paths and footpaths.
Every device by which any person or property is or may be
transported or drawn upon the street.
[Amended 7-1-1953; 7-17-1996 by L.L. No. 14-1996]
No person shall barter, sell, peddle, hawk or
vend goods, wares, merchandise, produce or services of an established
business upon the streets, roads, highways or public places of the
Town or by going from house to house soliciting purchases unless a
license so to do has previously been obtained by him from the Town
Clerk. The applicant for such license shall register his name, address,
date of birth and social security number with the Police Chief as
a condition for obtaining such license.
[Amended 5-3-1939]
No vehicle of any kind or description drawn
by an animal or animals or propelled by hand or other power shall
be used for the barter and sale of goods, wares, merchandise or produce
therefrom upon the streets, roads, highways or public places of the
Town unless a license therefor shall first have been obtained from
the Town Clerk, which license shall at all times be displayed in a
conspicuous place on the inside of such vehicle.
[Amended 5-3-1939]
Applications for licenses under this chapter
may be refused by the Town Clerk, as provided by law.
[Amended 7-1-1953]
Where a vehicle has been licensed as provided in § 154-4 of this chapter, such license shall include the right of a driver or operator of such vehicle to sell, peddle, hawk or vend the goods, wares and merchandise carried in such vehicle; provided, however, that no person, including the owner of such licensed vehicle, shall operate the same without a personal permit to be issued by the Police Chief, upon the production of satisfactory proof of the fitness of the applicant therefor, and such permit shall expire on the 31st day of December after the issuance thereof, unless sooner revoked. Nothing herein contained shall be construed to permit any salesman or helper upon any vehicle for which a peddler's or hawker's license has been obtained to peddle, hawk or vend the goods, wares or merchandise carried in such vehicle, by means of any stand or box or otherwise than from the vehicle itself, unless a peddler's or hawker's license has been separately obtained for each such salesman or helper, in accordance with the provisions of § 154-3 of this chapter.
[Amended 5-3-1939; 7-17-1996 by L.L. No. 14-1996; 8-17-2011 by L.L. No.
8-2011]
The fee for a license issued pursuant to this chapter is as set forth in § A250-1.
A.Â
Delivery vehicles. The provisions of this chapter
requiring licenses for vehicles shall not be construed to require
licenses for delivery vehicles owned by or used by grocers, bakers
or other persons, firms or corporations having within the Town a store,
storehouse or warehouse for the sale or distribution of or an establishment
for the manufacture of the merchandise carried in said vehicle nor
for the drivers or operators of such vehicle.
B.Â
Interstate and solicited orders. The provisions of
this chapter shall not apply to the selling, bartering or vending
of goods, wares or merchandise where such goods, wares or merchandise
are shipped from outside the state or where orders for goods, wares
or merchandise are solicited and such goods, wares or merchandise
are subsequently delivered.
[Amended 5-3-1939]
C.Â
Food producers. The provisions of this chapter shall
not apply to the selling, peddling or vending of meats, fish, fruits
and farm produce by farmers and/or other persons who produce or catch
such commodities.
[Amended 5-3-1939]
D.Â
State-licensed parties. The provisions of this chapter
shall not apply to the holder of a license granted pursuant to § 32
of the General Business Law.
Any and all licenses granted pursuant to this
chapter are subject to cancellation by the Town Board upon cause therefor
being shown, are not transferable and shall expire on the 31st day
of December following issuance.[1]
[1]
Editor's Note: Former § 34-11, Advertisements
and exceptions, which originally followed this section, was deleted
7-17-1996 by L.L. No. 14-1996.
No person shall barter, sell, peddle, hawk or
vend goods, wares, merchandise, produce or services of an established
business upon the streets, roads, highways or public places of the
Town or by going from house to house soliciting purchases before 9:00
a.m. (prevailing time) or after the later of 6:00 p.m. (prevailing
time) or sunset.
[Amended 12-17-1953; 10-20-1954; 6-17-2020 by L.L. No. 6-2020]
A.Â
Any person
who does not want in-person solicitation upon the private property
that he/she owns or occupies may advise the Town of his/her objection
to solicitation through a written or electronically transmitted notice
either mailed or transmitted to the Town Clerk that includes the following
information:
B.Â
The Town
Clerk shall prepare, and from time to time update, a list of the names
and addresses of the persons who advise of their decision not to allow
in-person solicitation and either shall deliver such list to the Police
Department and the Building Department or provide those departments
with electronic access to that list. Periodically, but not less than
annually, the Town Clerk may, but is not required to, ask the persons
appearing on the list whether they wish to remain on the list. The
Town Clerk shall strike from the list those persons who affirmatively
state that they no longer wish to be on the list and may, but is not
required to, strike the name of any person who does not respond within
30 days after the Town Clerk's inquiry shall have been sent.
C.Â
It shall be a violation of this chapter for any person to barter, sell, peddle, hawk or vend goods, wares, merchandise, produce or services of an established business on private property included on the list prepared by the Town Clerk pursuant to § 154-11B of the Code if a "no solicitation," "no peddlers" or a sign conveying that message is prominently displayed on that property.
[Added 6-17-2020 by L.L. No. 6-2020]
[Added 6-17-2020 by L.L. No. 6-2020]
Should any provision of this chapter be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration
of unconstitutionality or invalidity shall not affect any other provisions
of this chapter, which may be implemented without the invalid or unconstitutional
provisions.
