No person shall at any time offer for sale, as a hawker, peddler or
solicitor, any goods, services, wares, provisions or merchandise at retail
in any manner on any of the public streets or places within the Village of
Westfield or engage in distributing and peddling handbills and other advertising
matter in any manner in any of the public streets or places or from house
to house within said Village, without having procured a license as required
by the terms of this chapter. This chapter shall not apply to a person, copartnership
or corporation engaged in interstate commerce, and such person, copartnership
or corporation shall receive a license from the Village Clerk without charge
therefor upon filing of satisfactory evidence, by affidavit or otherwise,
with said Clerk, showing that the person, copartnership or corporation is
engaged in interstate commerce.
As used in this chapter, the following terms shall have the meanings
indicated:
HAWKER AND PEDDLER
Any person, either principal or agent, who, from any car on a railroad
track or in the public streets or public places or by going from house to
house on foot or on or from any animal or vehicle, sells or barters, offers
for sale or barter or carries or exposes for sale or barter any goods, wares
or merchandise, except milk and newspapers.
PERSON
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities of any kind capable of being sued.
SOLICITOR
Any person who goes from place to place or house to house or stands
in any street or public place taking or offering to take orders for goods,
wares or merchandise, except newspapers or milk, or for services to be performed
in the future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery.
It shall be unlawful for any person within the corporate limits of the
Village of Westfield to act as a hawker, peddler or solicitor, as herein defined,
or to distribute and peddle handbills or other advertising matter without
first having obtained and paid for, and having in force and effect, a license
therefor.
[Amended 10-30-1995 by L.L. No. 5-1995]
Fees shall be as provided from time to time by resolution of the Board
of Trustees.
The Village Clerk may, at any time, for a violation of this chapter
or any other ordinance or law, revoke any license. When a license shall be
revoked, no refund of any unearned portion of the license shall be made. Notice
of such revocation and the reason or reasons therefor, in writing, shall be
served by the Village Clerk upon the person named in the application or by
mailing the same to the address given in the application and by filing a copy
of such notice with the Village Clerk.
A licensed hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale nor offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B. Not allow the vehicle and receptacles used by him to
become in an unsanitary condition and shall keep the foodstuffs and eatables
offered for sale well covered and protected from dirt, dust and insects.
C. Not blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares nor shout or cry out his wares.
D. Not stand or permit the vehicle used by him to stand
in any public place or street for more than 10 minutes or in front of any
premises for any time if the owner of or lessee of the ground floor thereof
objects.
E. Not create or maintain any booth or stand or place any
barrels, boxes, crates or any other obstruction upon any street or public
place for the purpose of selling or exposing for sale any goods, wares or
merchandise.
All orders taken by licensed solicitors who demand, accept or receive
payment or deposit of money in advance of final delivery shall be in writing,
in duplicate, stating the terms thereof and the amount paid in advance, and
one copy shall be given to the purchaser at the time deposit of money is paid
to the solicitor.
It shall be the duty of the Village Clerk to keep a record of all applications
and of all licenses granted under the provisions of this chapter, giving the
number and date of each license, the name and residence of the person licensed,
the amount of the license fee paid and also the date of revocation of all
licenses revoked.
[Amended 10-30-1995 by L.L. No. 5-1995]
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter shall be guilty of an offense and shall be subject
to a fine not exceeding $250 or a term of imprisonment not exceeding 15 days,
or both. Each day's continued violation shall constitute a separate offense.