[HISTORY: Adopted by the Town Board of the Town of New Castle 10-25-1977 by L.L. No. 16-1977. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 91, Peddlers and Solicitors, adopted 1-25-1940.
No person, except as may otherwise be provided herein or in any other provisions of the Town Code, shall canvass, solicit or call from door to door or place to place in the Town of New Castle without first registering with the Chief of Police.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER or SOLICITOR
- Includes itinerant vendors of merchandise who shall go from door to door or place to place in this town selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatever. "Merchandise," within the terms of this chapter, shall include magazines, periodicals, books and orders or contracts for services, home improvements or alterations. For the purpose of this chapter, a canvasser or solicitor shall also be deemed to be one who is not in the business of selling goods but who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work which of its nature involves a door-to-door or place-to-place activity, and shall include persons going from door to door or place to place for the purpose of contributions or donations for any persons or organization.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and for the general protection, health and welfare of the residents of the Town of New Castle.
Each registrant shall, at the time of registering, file with the Chief of Police, on a form to be designed and provided by the town, an application in writing which shall give the following information and shall be signed and affirmed by the applicant under the penalties of perjury:
The name, age and physical description of the applicant.
A complete permanent home and local address of the applicant and telephone number at such addresses.
The name and address of the organization or person for whom solicitation is being made and telephone number at such address.
A description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine the business he is to transact.
Two photographs of the applicant, which shall be approximately 2 1/2 inches by 2 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
The days, dates and routes of his business or solicitation in the Town of New Castle which, unless special permission is granted by the Chief of Police, shall be between the hours of 9:00 a.m. and 5:00 p.m. For registrants filing hereunder pursuant to § 53-10 hereof, such solicitation or canvassing shall be between the hours of 9:00 a.m. and 9:00 p.m. unless special permission is granted by the Chief of Police.
[Amended 12-10-1990 by L.L. No. 44-1990]
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense and where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation in the town and the number of his driver's license and the state of issuance.
[Added 9-10-1985 by L.L. No. 14-1985]
Each applicant shall permit his fingerprints to be taken by the Police Department and shall consent to the submission of said fingerprints to the Division of Criminal Justice Services for processing of a criminal history record review. The applicant shall submit with his application the then current fee charged by the Division of Criminal Justice Services for such review.
If the criminal history record review indicates that the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense, then the Chief of Police may deny the requested certificate if he determines that such criminal record history warrants such a denial in order to protect the public health, safety and welfare.
This section shall not be applicable to any person, organization, society or association of a charitable religious, patriotic, philanthropic or community nature desiring to solicit or canvass or have solicited or canvassed in its name, money, property or financial assistance for which no merchandise, wares or services are required.
[Added 12-10-1990 by Ord. No. 44-1990]
A separate registration must be made for every solicitor, agent or employee conducting business or soliciting within the town limits.
Each registrant, upon being so registered, shall be issued a registration certificate by the Chief of Police, subject to § 53-8 below, upon which shall be affixed one photograph of the applicant, over which certificate shall be impressed the Official Seal of the Town of New Castle and the period for which said certificate shall be valid, but in no event to exceed one year from the date of issuance.
Each registrant shall carry the registration certificate at all times when conducting business in the town and shall exhibit it to any citizen or town official upon request. At the conclusion of the period for which the registration certificate was issued, said registration certificate shall be returned to the Chief of Police.
In the event that an application for canvassing or soliciting is incomplete, it shall be disapproved and be returned to the applicant for completion. The applicant may appeal to the Town Board of the Town of New Castle, which shall set a time and place for a hearing, which hearing shall be held within 15 days after a request for an appeal has been filed with the Chief of Police, at which hearing the applicant will be given an opportunity to present his reasons why the registration certificate should be issued. The decision of the Town Board shall be final.
Every person to whom a registration certificate is issued under the terms of this chapter shall be governed by the following rules and regulations:
No person subject to the provisions of this chapter shall canvass, solicit or otherwise go from door to door or place to place within the town for the purpose of canvassing or soliciting as defined in § 53-2, except between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, unless special permission is given by the Chief of Police, except that registrants pursuant to § 53-10 hereof may so canvass or solicit between the hours of 9:00 a.m. and 9:00 p.m. Monday through Saturday, unless special permission is given by the Chief of Police.
[Amended 12-10-1990 by L.L. No. 44-1990]
No person subject to the terms of this chapter shall enter or attempt to enter the house or apartment of any resident in the town without an express invitation from the occupant of the house or apartment.
No person subject to the terms of this chapter shall conduct himself in such a manner as to annoy or harass any person while soliciting within the town.
[Added 10-13-2015 by L.L. No. 12-2015]
The Town Clerk shall maintain a "Do Not Solicit" list of Town residents who do not wish to allow registrants under this chapter upon their property. The "Do Not Solicit" list shall contain only the street address of the property and no personal ownership information.
All residents shall be permitted to have their property listed on the "Do Not Solicit" list by submitting a written or electronic request to the office of the Town Clerk.
On a quarterly basis, the Town Assessor shall notify the Town Clerk of any change in ownership of property within the Town, and the Town Clerk shall remove from the "Do Not Solicit" list any property for which ownership shall have changed subsequent to the time of listing.
Every registrant under this chapter shall be issued a copy of the then-current "Do Not Solicit" list simultaneously with the registration certificate issued by the Chief of Police pursuant to § 53-6 hereof. Where more than one individual will be engaged in canvassing or soliciting activities on behalf of an organization, group, company or other entity, it shall be the obligation of that entity to provide true copies of the "Do Not Solicit" list to each such individual. No canvasser or solicitor registered under § 53-6 of this Chapter shall enter onto or into any property that is listed on the "Do Not Solicit" list.
No canvasser or solicitor registered under § 53-6 of this chapter shall enter onto or into any property on which there is a sign or signs posted stating "No Solicitors" or conveying a similar message forbidding the entry of any person onto the property. It shall be the responsibility of registered canvassers and solicitors to check each residence for the presence of any such notice.
Being listed on the "Do Not Solicit" list or the presence of such a sign shall constitute sufficient notice to any registered canvasser or solicitor of the intent of the occupant of the residence to be free from such solicitation or canvassing.
It shall constitute a violation of this chapter punishable under § 53-12 for any registered canvasser or solicitor to go upon any premises and ring a doorbell, knock, or make or create any sound designed to attract the attention of the occupant with the purpose of gaining access to the occupant or entering onto or into the premises for the purpose of engaging in soliciting or canvassing where the premises is either included on the "Do Not Solicit" list or posted in the manner described in Subsection E of this section.
Any person, organization, society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit or canvass or have solicited or canvassed in its name money, property or financial assistance for which no merchandise, wares or services are required, may be exempt from §§ 53-1, 53-4, 53-5, 53-6 and 53-7 of this chapter, provided that there is filed with the Chief of Police an application, in writing, giving the following information:
Each solicitor or canvasser for such organization, society or association shall carry proper identification indicating his or her membership in or relationship to such organization, society or association and shall display same upon request while soliciting or canvassing in the town.
No person subject to the provisions of this chapter and granted an exemption under this section shall canvass, solicit or otherwise go door to door or place to place within the town for the purpose of canvassing or soliciting as defined in § 53-2, except between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday, unless special permission is given by the Chief of Police.
[Added 12-10-1990 by L.L. No. 44-1990]
Political activities are exempt from the provisions of this chapter.
Any person violating the terms of this chapter, whether as an individual, principal or agent or employee of another, shall, upon conviction in the Justice Court of the Town of New Castle, be subject to a fine not to exceed $250 or to imprisonment not exceeding 15 days, or both, at the discretion of the Justice Court.