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:
APPLICANT
Any person by or for whom an application is made under this chapter.
CHARITABLE ORGANIZATION
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.
MERCHANDISING
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."
PERSON
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.
PROPERTY
Any goods, wares, merchandise or other article or thing of every
kind or nature except newspapers.
TOWN
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.
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.
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.
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.