[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 1-18-2005 by Ord. No. 2005-15. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 155.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from 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 vehicle, sells or barters, offers for sale
or barters, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
Any person who transports tangible personal property for
retail sale within this state who does not maintain in this state
an established office, distribution house, sales house, warehouse,
service center or residence from which such business is conducted.
However, this chapter does not apply to any person who delivers tangible
personal property within this state who is fulfilling an order for
such property which was solicited or placed by mail or other means.
This chapter does not apply to any person holding a valid license,
issued by a county or municipality, to engage in retail sales.
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value (except newspapers
or milk) or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery. The term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value
(except newspapers or milk) or for services to be performed in the
future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery at the home or residence of any person
who has been solicited prior thereto by telephone or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
A.
No person or entity shall peddle any merchandise along
the streets, highways, sidewalks, or public ways of the Village, without
first obtaining a peddler's license. The provisions of this section
shall not be construed as prohibiting the distribution or sale of
newspapers, pamphlets, handbills or other written or printed matter
sold or distributed for the purposes of disseminating news and information.[1]
C.
The approving authority shall be the President of
the Board of Trustees.
D.
It shall constitute a nuisance for any peddler to
enter any dwelling without being admitted thereto by some adult occupant
thereof, or to insist on showing his items to any person after being
told by the person that he does not wish to see or purchase the items,
or to in any manner vex, annoy, or harass any person.
A.
No person shall solicit at dwellings without the prior
written consent of the occupant except between the hours of 9:00 a.m.
and 9:00 p.m.
B.
Any person soliciting shall, before entering any dwelling,
identify himself to the occupant by name and state what individual,
partnership, corporation, group, or association he represents.
C.
No person shall solicit at or remain on the premises
of any dwelling after having been asked by the occupant thereof to
leave the premises.
D.
No person shall solicit on any premises if the premises
is posted against solicitation by means of a notice prominently displayed,
on which is printed the legend: "NO SOLICITORS."
E.
A premises shall be deemed to be posted against soliciting
if there is exhibited, on or near the main entrance to the premises
or on or near the main door, a sign at least three inches by four
inches in size, which bears the above legend in letters 1/3 inch in
height.
Individuals representing local not-for-profit
organizations shall be exempt from the requirements of this chapter.
Any individual, person, corporation, partnership
or other entity violating any provisions of this chapter will be subject
to a fine of $75 for the first violation. The fine for a second violation
shall be the sum of $250. The fine for the third and each subsequent
violation of this chapter shall be the sum of $500 per violation.
