No person, firm or corporation shall hawk, peddle,
sell or dispose of any goods, wares or merchandise, food or food products
or personal property of any kind or description or engage in the business
of hawking or peddling any goods, wares or merchandise of any description
on any Village-owned property, including but not limited to docks,
boat launches and parks.
As used in this chapter, the following terms
shall have the meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors as used herein.
PEDDLER
Any person, whether a resident of the Village 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,
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."
PERSON
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Village 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"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds from a stationary location
on any street or other public place.
TRANSIENT MERCHANT
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 occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
Every applicant for a registration certificate
under the provisions of this chapter shall file with the Village Clerk
a sworn written application, on a form to be furnished by said Clerk,
which shall give or be accompanied by the following information or
documents:
A. The name and description of the applicant.
B. The permanent home address and full local address
of the applicant.
C. A brief statement of the nature of the business and
a description of the merchandise or service to be sold.
D. If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
E. The length of time for which the certificate is desired.
F. If a vehicle is to be used, a description of such
vehicle and its license number.
G. The place where the merchandise or services to be
sold or offered for sale are manufactured or produced, where such
merchandise is located at the time such application is filed and the
proposed method of delivery.
H. Two business references located in the County of Jefferson,
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.
I. A statement as to whether the applicant has been convicted
of any crime, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the punishment or penalty assessed therefor.
At the time of issuance of a registration certificate,
a fee, as determined by the Board of Trustees, shall be paid by the
applicant to cover the costs of investigation and the administration
and enforcement of this chapter.
Any person aggrieved by the action of the Chief of Police or his designee or of the Village Clerk in the denial of a certificate, as provided in §
92-6 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the 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 appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in §
92-12 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise except between
the hours of 8:00 a.m. and 6:00 p.m., unless specifically having been
invited into a house by the occupant or having made an appointment
with a person previously.
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 Clerk and displaying
his certificate.
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 a newspaper, which shall
be defined as a periodical with a paid circulation of at least 90%
of its total circulation, except when handed to a person willing to
accept the same.
E. Enter or attempt to enter the land of any resident
in the Village without an express invitation from the occupant of
such land.
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, ring a bell or use any
sound-making or -amplifying device upon any of the streets, parks
or public places of the Village or upon private premises in such a
manner that sound of sufficient volume is emitted or produced to be
capable of being plainly heard upon the streets, avenues, parks or
other public places of the Village or upon private premises thereof,
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 Village with any merchandise or printed material.
J. If there is not the minimum five-foot sidewalk requirement,
the area between the sidewalk and curb may be used, provided that
this area is eight feet or greater. The sidewalk must be unobstructed
for pedestrian traffic at all times.
K. Every peddler, solicitor, distributor or transient
merchant shall take with him anything that he brought in, including
removal of trash, when the event is over or daily, whichever comes
first.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by 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
and distinct violation hereunder.