[HISTORY: Adopted by the Town Board of the Town of Deerpark 12-5-1997
by L.L. No. 6-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Transient and seasonal businesses — See Ch. 216.
[1]
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.
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.
Any governmental entity or organization, including, without limitation,
a school district, fire district and fire company.
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.
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.
Seeking or taking subscriptions or contributions of money or property
upon any street, road or highway or from house to house in the Town.
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.
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:
A.
By any charitable organization or its agents or employees
or veterans licensed pursuant to General Business Law § 32, et al.
B.
By any person conducting a business or activity or performing
a service pursuant to a license issued by the State of New York.
C.
For the delivery of goods or services ordered by telephone,
mail or other method initiated by the person receiving the goods or services.
D.
By any business, service or activity licensed under any
other law, regulation or ordinance of the Town of Deerpark.
E.
By political parties and candidates for public office.
F.
For yard sales.
A.
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.
B.
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.
A.
An application for a permit under this chapter shall
contain the following:
(1)
The name, home address and local address, if any, of
the applicant.
(2)
A physical description of the applicant, giving date
of birth, height, weight and color of hair and eyes. A photograph will be
required.
(3)
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.
(4)
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.
(5)
A list of crimes for which the applicant has been arrested
or convicted, including dates and places.
(6)
A statement as to the period of time during which the
applicant intends to engage in the business or activity regulated under this
chapter.
(7)
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.
(8)
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.
(9)
The name and address of the employer or firm representing,
together with credentials establishing the exact relationship.
(10)
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
(11)
The geographic area to be canvassed or solicited.
(12)
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.
(13)
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.
(14)
Further information required by the Town Clerk, including
a certificate of insurance with the Town named as a co-insured.
B.
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:
A.
Peddlers or solicitor's permit: $150/year or $25/day.
A.
The Town Clerk shall issue the permit.
B.
Permits issued under this chapter shall terminate on
December 31 of the year that they are issued and shall not be transferable.
C.
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.
A.
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.
B.
No person shall use private real property for any activity
requiring a permit under this chapter without the consent of the owner.
C.
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.
D.
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.
E.
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.
A.
Licenses issued herein may be revoked by the Chief of
Police, after reasonable notice and hearing, for any of the following causes:
(1)
Misrepresentation or false statement contained in the
application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime or misdemeanor relating adversely
to the occupation of peddling or soliciting.
(4)
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.
B.
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.
