[HISTORY: Adopted by the Town Board of the Town of Deerpark 12-5-1997 by L.L. No. 6-1997. Amendments noted where applicable.]
Transient and seasonal businesses — See Ch. 216.
Editor's Note: This local law also provided as follows: “Please take notice to the extent that this local law may conflict with applicable portions of the Town Law of the State of New York, including Sections 20 and 24 of the Town Law, it is the stated intention of the Town to exercise its authority to supersede and amend, as granted under the Municipal Home Rule Law of the State of New York, Section 10. The Town hereby provides notice that it is exercising its authority to supersede and amend pursuant to Municipal Home Rule Law of the State of New York Section 22.”
The purpose of this chapter is to promote and protect the health, safety and general welfare of the community, and the preservation and protection of the property of the Town of Deerpark and its residents.
The following words and phrases shall have the meaning set forth unless the context of their use clearly indicated otherwise:
- Any person by or for whom an application is made under this chapter.
- A. Any benevolent, philanthropic, patriotic, military, veterans, not-for-profit, educational or religious association, society or organization qualified as a tax exempt organization under Section 501 of the Internal Revenue Code.
- B. Any governmental entity or organization, including, without limitation, a school district, fire district and fire company.
- A. Selling or offering for sale, barter or exchange any property or service, either for immediate or future delivery or performance upon any street, road or highway or from house to house in the Town.
- B. Seeking, taking or offering contracts or orders for any property for future sale or delivery or performance of any service upon any street, road or highway or from house to house in the Town.
- C. Seeking or taking subscriptions or contributions of money or property upon any street, road or highway or from house to house in the Town.
- D. Delivery or distribution of advertising matter, literature, pamphlets, samples or handbills house to house or on any of the streets, roads or highways or by going from place to place in the Town, but not including the delivery or distribution of newspapers, magazines or political or religious materials.
- PEDDLER OR SOLICITOR
- Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The word "peddler" shall include the words "hawker," "solicitor" or "canvasser."
- A natural person, corporation, partnership, association, joint venture, society or other organization or association of any kind, whether acting as principal, agent, employer or employee.
- Any goods, wares, merchandise or other article or thing of every kind or nature except newspapers.
- The Town of Deerpark, Orange County, New York.
No person shall engage in peddling, soliciting, hawking or canvassing without first obtaining a permit or registering or both as required by this chapter.
No permit under this chapter shall be required:
By any charitable organization or its agents or employees or veterans licensed pursuant to General Business Law § 32, et al.
By any person conducting a business or activity or performing a service pursuant to a license issued by the State of New York.
For the delivery of goods or services ordered by telephone, mail or other method initiated by the person receiving the goods or services.
By any business, service or activity licensed under any other law, regulation or ordinance of the Town of Deerpark.
By political parties and candidates for public office.
For yard sales.
No charitable organization shall engage in soliciting before it files with the Town Clerk a list of names, addresses and dates of birth of the persons who will conduct the activity on its behalf and a statement of the time period during which the solicitations shall occur. No person shall engage in soliciting on behalf of a charitable organization until this information has been provided to the Town Clerk.
No peddling or soliciting, whether or not exempt from the permit requirements of this chapter, shall be conducted before 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00 p.m.
An application for a permit under this chapter shall contain the following:
The name, home address and local address, if any, of the applicant.
A physical description of the applicant, giving date of birth, height, weight and color of hair and eyes. A photograph will be required.
The name and address of the person, if any, by whom the applicant is employed and for whom or through whom orders are to be solicited, cleared, filled or delivered.
A description of the exact business or activity in which the applicant intends to engage, and of the nature of any property or services involved.
A list of crimes for which the applicant has been arrested or convicted, including dates and places.
A statement as to the period of time during which the applicant intends to engage in the business or activity regulated under this chapter.
Proof that the applicant, or his or her employer or principal is registered for sales tax purposes, if the business or activity to be conducted is subject to sales or use tax.
A description of any motor vehicle that will be used for pickup or delivery of property or for the purpose of bringing any such property into the Town for peddling or soliciting, to include the name of manufacturer, year, type of vehicle, vehicle identification number, registration plate number, title holder, and the name of the person other than the title holder to whom the vehicle is registered, if any.
The name and address of the employer or firm representing, together with credentials establishing the exact relationship.
A brief statement of the nature of the business and a description of the merchandise or service to be sold.
The geographic area to be canvassed or solicited.
The place where the goods or property to be sold or offered for sale are manufactured or produced, the place where such goods or property are located at the time such application is filed and the proposed method of delivery.
Two business references located in the County of Orange, State of New York, or in lieu thereof, such other available evidence of the character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and responsibility.
Further information required by the Town Clerk, including a certificate of insurance with the Town named as a co-insured.
The application shall be signed by the applicant and sworn to before a notary public or other officer authorized to administer oaths.
The following fees shall be paid to the Town Clerk with an application for a permit:
Peddlers or solicitor's permit: $150/year or $25/day.
The Town Clerk shall issue the permit.
Permits issued under this chapter shall terminate on December 31 of the year that they are issued and shall not be transferable.
A permit issued pursuant to this chapter may be revoked if following its issuance the Police Department determines that the applicant was convicted of any crime not reported in the application or is otherwise not a person of good moral character and reputation. A permit may also be revoked for any violation of this chapter committed after its issuance.
The Police Department may require reports from any permit holder at any time and at such intervals as it deems necessary for the protection of the public health, welfare and safety.
No person shall use private real property for any activity requiring a permit under this chapter without the consent of the owner.
The owner or occupant of a residential building may post a notice prohibiting peddlers and solicitors. The notice shall be placed in a conspicuous place adjacent to the entrance door of the building. The letters of the notice shall be at least 1/2 inch in height and shall contain a statement saying in substance that "peddlers or solicitors are prohibited." No person shall engage in any activity regulated by this chapter by attempting to enter a building or ringing a doorbell or knocking on an entrance door to any residence building at which entrance such notice has been posted.
Any person engaged in an activity regulated under this chapter, whether that person is exempt or not, who has entered upon private property, whether invited or not, shall immediately and peacefully depart therefrom when requested to do so by any occupant.
No person engaged in soliciting or peddling shall hawk or cry property, offers, contracts or services upon any of the streets, roads or highways in the Town, nor use any loud speaker, horn or other sound-making device, other than a bell to attract attention or announce his or her presence.
Every holder of a peddler's license or solicitor's license issued by the Town Clerk shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the Town. He shall produce such license at the request of any official of said Town with whom he wishes to conduct his said business or activity.
The Town Clerk shall maintain a record of all licenses issued under the provisions herein and shall record therein all convictions for violations herein and other pertinent circumstances and incidents as reported by the Chief of Police.
Licenses issued herein may be revoked by the Chief of Police, after reasonable notice and hearing, for any of the following causes:
Misrepresentation or false statement contained in the application for the license.
Misrepresentation or false statement made in the course of carrying on activities regulated herein.
Conviction of any crime or misdemeanor relating adversely to the occupation of peddling or soliciting.
Conducting the business in an unlawful manner, in violation of this section or in such manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of a hearing for revocation of a license shall be given, in writing, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee, at the address given by the licensee in making application under § 177-6 herein, at least five days prior to the date set for said hearing.
Any person aggrieved by the action of the Chief of Police or the Town Clerk in the denial of an application for a permit or license, or in the decision with reference to the revocation of a license shall have the right of appeal to the Town Board of the Town of Deerpark. Such appeal shall be taken by the filing with the Town Board, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement, setting forth fully the grounds for the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided herein for notice of hearing on revocation. The decision and order of the Town Board on such appeal shall be final and conclusive.
Any person who violates any provision of this chapter shall be guilty of a violation. Each violation shall be punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
This chapter supersedes the prior Peddlers and Hawkers Ordinance adopted on January 9, 1973, which is hereby repealed. All permits and licenses issued under that ordinance shall be used in compliance with the provisions of this chapter and shall expire in accordance with their terms.