[HISTORY: Adopted by the Town Board of the Town of Aurora 12-9-1996. Amendments noted where applicable.]
It shall be unlawful for any person to distribute advertising material within the Town of Aurora (the "Town"), outside of the boundaries of the Village of East Aurora, without previously having obtained a permit to do so from the Town of Aurora.
The Town Clerk or any Deputy Town Clerk of the Town of Aurora may grant to any person, upon written application, on a form to be prepared by the Clerk, a permit to distribute advertising material on a designated day or days. Such application shall show the name and address of the applicant and must be accompanied by a copy of the material to be distributed.
No person when distributing advertising material shall ring any doorbell or sound any alarm, and no distribution shall be made between the hours of 6:00 p.m. and 9:00 a.m.
Distribution of advertising material must be made on the date(s) set forth in the permit, except that the Town Clerk or Deputy Town Clerk, for a good cause, may extend the time of distribution of such advertising material.
This section shall not apply to the delivery of any newspaper which is published on a regular and recurring basis.
Except as herein provided, all persons who are now engaged or who shall hereafter engage in purchasing, buying, bartering, selling, peddling, hawking or vending goods, wares and merchandise or other property, or soliciting orders or subscriptions for the sale or purchase thereof, or for work, labor or services to be rendered to residents of or businesses in the Town by going from house to house and/or business to business and/or house to business within the limits of the Town or engaging in any such activities on public property or from a nonpermanent location within the Town, whether he or she is the principal or an employee, agent or representative of any other person, firm or corporation, shall first procure a permit to do so as described herein from the Town Clerk or any Deputy Town Clerk.
All persons who are now or who shall hereafter engage in canvassing and/or soliciting for the sale of or subscription to newspapers, magazines, books, pamphlets or other publications or materials and soliciting or canvassing for contributions for or subscriptions to any purpose by going from house to house and/or business to business and/or house to business within the limits of the Town or who engage in any such activities on public property or from a nonpermanent location within the Town, whether such person is the principal or an employee, agent or representative of any other person, firm or corporation, shall first procure a permit to do so as described herein from the Town Clerk or any Deputy Clerk.
Fees for applications and/or permits described in this chapter, if any, shall be established from time to time by resolution of the Town Board of the Town of Aurora, except that no application or permit fees shall be required of a nonprofit organization or individuals acting on behalf of a nonprofit organization.
All applicants for a permit under the provisions of this chapter shall file with the Town Clerk or a Deputy Town Clerk of the Town of Aurora an application for such a permit, on forms provided by such individuals, which shall set forth, under oath, the applicant's name, age, place of residence and, if an employee, agent or representative of any other person, firm or corporation, the name and place of business of such other person, firm or corporation, together with such other information as the Town Clerk or Deputy Town Clerk of the Town of Aurora may reasonably require. Any applicant who shall be refused such permit by the Town Clerk or any Deputy Town Clerk pursuant to § 47-7 hereof may thereafter apply to the Town Board for such a permit, after which the Town Board, at its next regular or special meeting, may affirm or reverse the decision of the Town Clerk or Deputy Town Clerk, taking into account the items previously considered by the Town Clerk or Deputy Town Clerk in denying such an application.
All permits required by this chapter shall be issued by the Town Clerk or any Deputy Town Clerk of the Town of Aurora, who shall keep a record thereof and of the amount of the fee, if any, to be paid therefor, and who shall sign such a permit on behalf of the Town. Except as hereafter provided, no permit shall take effect until signed by the Town Clerk or any Deputy Town Clerk or be in effect for a term which exceeds six months. The permit must be shown to anyone on demand, and no person holding such permit shall be permitted to engage in any activity, work or occupation thereunder and no such activity, work or occupation shall be engaged in within the Town of Aurora before 9:00 a.m. or after 6:00 p.m. on any day covered by the permit.
If, following a records check by the Aurora Town Police, the police advise the Town Clerk or Deputy Town Clerk that the applicant has a history of previously distributing advertising materials and/or soliciting business or selling or purchasing goods, wares, merchandise or other property in a manner which is inconsistent with federal, state or local laws or regulations or has engaged in activities or committed crimes or violations which might reasonably be expected to make such an applicant engaging in the activities regulated by this chapter a safety or convenience risk to residents and/or businesses of the Town, the Town Clerk or Deputy Town Clerk may, in his or her discretion, deny such an application. Additionally, the Town Clerk or Deputy Town Clerk may, in his or her discretion, repeal a permit issued pursuant to this chapter should the permit holder engage in conduct which appears, in the opinion of the Town Clerk or Deputy Town Clerk, to constitute a safety or convenience risk to residents and/or businesses of the Town by sending written notice of his or her intention to do so to the applicant at the mailing address listed on the applicant's permit application form or by causing a copy of such a notice to be personally delivered to the applicant. In either case, such permit will be deemed repealed upon mailing or delivery of such notice.
No permit issued under the provisions of this chapter shall include more than one person, nor shall more than one permit of any one kind be simultaneously issued or outstanding to any person, and no permit hereunder shall be transferable; except that, if the holder of any permit is engaged in work as an employee or as an agent or representative of some other person, firm or corporation, then and in that event said permit may be surrendered and a new permit issued to some other employee, agent or representative of said person, firm or corporation for the term thereof without the payment of any permit (as distinguished from application) fee. Any person assigning or transferring or attempting to assign or transfer any permits issued hereunder, except as herein provided, shall be guilty of violating this chapter.
No permit fee shall be required from any person or entity to whom a permit has been issued pursuant to § 32 of the New York General Business Law to hawk, peddle, vend and sell his own goods, wares and merchandise or to solicit or trade upon the streets or highways within the state, and no permit fee shall be required in any case whereby, by so doing, it would unlawfully interfere with interstate commerce.
[Amended 3-28-2016 by L.L. No. 1-2016]
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
This chapter shall be effective on and as of the first day of January 1997.