[HISTORY: Adopted by the Town Board of the
Town of Owasco 4-13-1988 by L.L. No. 5-1988. Amendments noted where
applicable.]
GENERAL REFERENCES
Auctions — See Ch. 40.
This chapter shall be known as the "Peddling
and Soliciting Code of the Town of Owasco."
This chapter is adopted to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Town. The licensing of persons engaged in the above-mentioned
activities is required so that the identity of persons going door
to door or distributing materials within the Town may be established
and so that general regulations may be more effectively enforced,
for the protection and maintenance of the health, safety and welfare
of the inhabitants of the Town and to prevent dishonest business practices
and dishonest solicitation of funds in the Town.
As used in this chapter, the following words
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Town any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvement or alterations
and anything that may be sold or distributed by peddlers or solicitors
as used herein.
Any person, whether a resident of the Town or not, who goes
house to house, from place to place or from street to street, traveling
by foot, automotive vehicle or any other type of conveyance, carrying
or transporting merchandise for the purpose of selling and delivering
the merchandise to customers. The word "peddler" shall also include
the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
Any person, whether a resident of the Town or
not, who goes from house to house, from place to place or from street
to street, traveling by foot, automotive vehicle or any other type
of conveyance, soliciting, taking or attempting to take orders for
the sale of merchandise or services of any kind for future performance
or delivery, whether or not such individual has, carries or exposes
for sale a sample of the merchandise or services and whether or not
he is collecting advance payments on such sales or orders, or who
engages in any of the foregoing activities from a stationary location
on any street or other public place.
The word "solicitor" shall also include the
word "canvasser."
Any person who goes from door to door, as described
above, for the purpose of soliciting and/or collecting funds or solicits
and/or collects funds from a stationary location on any street or
other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and who occupies
a room, building, tent, lot or other premises for the purpose of selling
merchandise.
It shall be unlawful for any peddler, solicitor,
distributor or transient merchant to sell, offer for sale or distribute
merchandise, printed merchandise, printed material or services within
the Town without first applying for and obtaining a license from the
Town Clerk.
The following information shall be provided:
A.
The length of time for which the license is desired.
B.
If a vehicle is to be used, a description of such
vehicle and its license number.
C.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
D.
A photograph of the applicant taken within 60 days
immediately prior to the date of the application, which photograph
shall clearly show the head and shoulders of the applicant and shall
measure two inches by two inches.
E.
Two business references located in the State of New
York.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 5:00 p.m., unless specifically having been
invited into a house by the occupant or having made an appointment
with a person previously. Vendors of food products shall be exempt
from this restriction.
B.
Attempt to peddle, solicit or distribute merchandise
or printed material without first having identified himself as a peddler,
solicitor or distributor registered with the Town and displaying his
license.
C.
Have exclusive right to any location in the public
streets or operate in any congested area where his operations might
impede or inconvenience the public.
D.
Leave at a property or house or in any public place
circulars, samples or other matter, except "newspapers," which shall
be defined as periodicals with a paid circulation of at least 90%
of their total circulation, except when handed to a person or house
occupant.
E.
Enter or attempt to enter the land of any resident
in the Town without an express invitation from the occupant of the
house.
F.
Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
G.
Shout, cry out, blow a horn or use any sound-making
or sound-amplifying device upon any of the streets, parks or public
places of the Town or upon private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon the streets, avenues, parks or other public places of the
Town or upon private premises therefrom, for the purpose of attracting
attention to any merchandise or services.
H.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
I.
Litter the streets, public places or properties within
the Town with any merchandise or printed material.
J.
Peddle, solicit or sell, in the Town of Owasco, outside
of permanent buildings. This provision is intended to prohibit peddling,
soliciting or selling from trucks, temporary stands, vans, autos or
other motor vehicles except by special permit but shall not be applicable
to permanently established nurseries or vending machines and vendors
of food and food products.
A.
The fees to be paid for a license to engage in the
occupation of peddler, solicitor, distributor or transient merchant
shall be provided in the licensing fee schedule as adopted by the
Town Board.
B.
Where an organization has several agents peddling,
soliciting or distributing merchandise or printed material, each agent
shall be licensed separately, and each shall pay the appropriate fee.
The Town Board may, by resolution, exempt persons
from the bond requirement, provided that the applicant satisfies the
Board that the nature of his activity does not jeopardize the residents.
The following persons are exempt from the requirements
of this chapter:
A.
Any person possessing a peddler's license issued in
conformity with the New York State General Business Law.
B.
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things, in the regular course
of business, to the premises of persons who had previously ordered
the same or were entitled to receive the same by reason of prior agreement.
C.
Any person selling fruits and farm products grown
by himself, with or without the help of others.
D.
Any school, charitable, political or civic organization,
benevolent society, service club or nonprofit organization which is
located in or has a substantial membership from the Town.
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or both such fine and imprisonment. The continuation of an
offense against the provisions of this chapter shall constitute, for
each day the offense is continued, a separate, distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Town Board may also maintain an action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this
chapter.
