[HISTORY: Adopted by the Town Board of the Town of Eden 10-26-2022 by L.L. No. 11-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 153, Peddling and Soliciting, adopted 4-30-1958, amended 7-28-1982 and 9-23-2011 by L.L. No. 3-2011.
The purpose of this chapter shall be to improve and promote the health, safety and general welfare of the community, and the preservation and protection of the property of the Town of Eden and its inhabitants, by declaring and enforcing certain regulations and restrictions pertaining to peddling and soliciting.
A. 
Definitive description. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
B. 
For the purposes of this chapter, the terms used herein are defined as follows:
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his possession or control, upon any of the streets, roads or highways or from house to house within the Town of Eden.
PERSON
Any natural person, association, partnership, firm or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery upon any of the streets, roads or highways or from house to house within the Town of Eden.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
No person shall engage in soliciting or peddling within the Town of Eden without procuring a permit from the Town Clerk.
Applications shall provide the following information:
A. 
The applicant's name, address, sex, race, age, previous criminal record, if any; the name and address of the person or corporation for whom he works, if any. Where a person makes application for himself and one or more helpers who will be working unaccompanied, all applicable personal information specified above shall be required to be given for each helper, and an individual permit shall be required and issued to each helper. No permit issued under this chapter shall be transferable from one person to another.
B. 
The firm or firms represented, together with copies of documents establishing the firm's state or county, form of organization, ownership and qualifications to do business in the State of New York, including, but not limited to, doing business as certificates, certificates of incorporation, certificate of authority from the New York Sales Tax Department, disability and workers' compensation insurance and the exact relationship between the firm and the merchant.
C. 
A brief description of the firm and the kind of goods, commodities, subscriptions, services or contracts the applicant desires to sell or solicit within the Town of Eden.
D. 
The location(s) where the applicant proposes to sell items listed in Subsection C.
E. 
A signed statement that the vendor shall indemnify and hold the Town of Eden harmless and its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on or under the terms of the permit.
F. 
A valid insurance certificate, New York State Department of Motor Vehicles registration, and certificate of inspection for the vehicle which will be used.
G. 
Background check.
(1) 
The police officer designated by the Police Chief to order and review criminal records ("Criminal Records Officer") shall cause the fingerprints of any applicant for a peddling or soliciting permit and any applicable fee to be forwarded to the Division of Criminal Justice Services (DCJS) in the form and manner as prescribed by DCJS for a complete criminal background and investigation upon receipt of the appropriate fee from the applicant.
(2) 
The Criminal Records Officer shall review the criminal history record information (CHRI) disseminated by DCJS in connection with the applicant's criminal background and investigation. The Criminal Records Officer shall approve or deny the application based on the findings of the review.
(3) 
In making the determination of the applicant's fitness for the requested permit, based upon the information provided by DCJS, New York State Correction Law §§ 701 through 703b and §§ 751 through 753 shall be given due consideration.
H. 
A hard copy of photograph of peddlers and solicitors (two inches by two inches).
Application fees for this permit shall be set from time to time by resolution of the Town Board.
Each solicitor or peddler shall be issued a permit unless he shall have been convicted of a crime involving moral turpitude or engaged in a business not permitted by law. This permit shall be valid all days between the hours of 9:00 a.m. Monday through Saturday to one hour prior to sunset, from the date of issuance for a period of 60 days thereafter, which permit shall not be transferable, but shall be revocable in the event of any violation of the terms and conditions thereof.
Every solicitor or peddler shall, at all times, while engaged in soliciting and peddling within the Town, carry the permit upon his person and shall exhibit the same upon request to all persons solicited or to any police officer within the Town. Each solicitor or peddler may only use the vehicle registered upon his permit.
No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, offers, contracts or services upon any streets, roads or highways within the Town, nor shall he use any loudspeaker, horn or any other amplifying device.
A. 
The Town Clerk of the Town of Eden shall keep a record of all vehicle registrations to which permits have been issued under this chapter. This will be in addition to keeping a record listing the names and numbers of persons to whom permits have been issued, the date of issuance thereof and the expiration date of each permit.
B. 
The Police Department of the Town of Eden is authorized to monitor the activities of all holders of such permits.
A person shall not be required to register and obtain a permit in the event they are soliciting or peddling for any purposes directly connected with a religious, charitable, benevolent, patriotic, school or service organization to the Town of Eden.
Entering or remaining in a private residence or place of business in the Town of Eden by a solicitor or peddler, for the purpose of soliciting, or remaining in a private residence or on the premises, or any place of business or on the premises, after the owner or occupant thereof shall have requested any solicitor or peddler to leave, or going in and upon the premises of a private residence or place of business by a solicitor or peddler for any such purposes when the owner or occupant has displayed a "no soliciting" sign on such premises, is prohibited and is further declared to be an offense.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be guilty of an offense and shall be required to purchase a permit as provided herein and shall be sentenced to pay a fine not to exceed $250 or imprisonment not to exceed 30 days, or both, for each and every violation of this chapter per day.