[HISTORY: Adopted by the Board of Trustees
of the Village of Delhi 12-6-1993 by L.L. No. 4-1993 (Ch. 30 of the 1979
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 192.
A.
PERSON
SOLICITING AND PEDDLING
(1)
(2)
(3)
(a)
(b)
SOLICITOR or PEDDLER
VILLAGE
As used in this chapter, the following terms shall
have the meanings indicated:
Any natural person, association, partnership, firm or corporation.
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares, merchandise or services for future delivery or for subscriptions or contributions upon any streets or sidewalks or from house to house within the Village.
PEDDLINGThe selling or offering for sale of any goods, wares, merchandise or services for immediate delivery which the person selling or offering for sale carries with him/her in traveling or has in his possession or control upon any of the streets or sidewalks or from house to house within the Village.
Neither the word "peddling" nor the word "soliciting"
shall apply to:
Peddling or soliciting by an honorably discharged
soldier, sailor or marine who is crippled as a result of injuries
received while in the naval or military service of the United States
of America and/or by the holder of a license granted pursuant to § 32
of the General Business Law and/or the peddling of meats, fish, fruit
and farm produce by farmers and persons who produce such commodities
and those persons designated by the Board of Trustees during certain
Village functions, such as "Fair on the Square" and "Sidewalk Sale
Days," are excepted from the provisions of this chapter. Other not-for-profit
organizations may be exempted from this provision upon application
and on an individual basis. This exemption will not be granted to
any organization that hires or contracts either orally or in writing
with a vendor as part of its event. That vendor will be responsible
for obtaining the proper permits.
[Amended 4-15-1996 by L.L. No. 2-1996]
The seeking or taking of orders for, or the
selling or offering for sale of, insurance by insurance agents or
brokers licensed under the insurance laws of the State of New York.
Any person who shall engage in soliciting or peddling, respectively,
as hereinabove defined.
Village of Delhi.
B.
Usage. The singular shall include the plural.
No person shall engage in soliciting or peddling
or acting as a transient merchant in the Village without first registering
with the Village Clerk.
A.
Every person desiring to engage in soliciting or peddling
in the Village shall obtain approval from and register under oath
with the Village Clerk. Upon such application, such person shall give
his name, address and age; his previous criminal record, if any; the
name and address of the person for whom he works and a letter appended
to the application authorizing the applicant to represent the firm
the applicant purports to represent, if any; the type or types of
article, device, subscription, contribution, service or contract which
he desires to sell or for which he wishes to solicit
within the Village; the length of time he wishes to be registered;
the type of vehicle he uses, if any, and its registration number;
and the name, address and title of a company officer upon whom process
or other legal notice may be served, if the applicant is a corporation
or company.
B.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above
shall be given for each helper, and an individual license shall be
required for each helper. No license issued under this chapter shall
be transferable from one person to another.
[Amended 7-20-1998 by L.L. No. 5-1998]
B.
Prior to the issuance of a permit under the charitable
rate provisions of this section, any person making application therefor
shall provide to the Village Clerk a signed and dated statement from
the charity or charitable organization stating the individual or entity
making the application for said permit is acting on its behalf, and
setting forth therein the percentage of the gross proceeds which they
will receive from sales made by the vendor. A vendor shall only be
entitled to pay the charitable organization fee if 20% or more of
the gross proceeds are to be paid to the charitable organization.
C.
Any vendor who pays the charitable license fee shall
at all times display a statement at the point of sale setting forth
what percentage of the gross proceeds of the sale will be given to
the charitable cause or organization.
Upon registering with the Village Clerk as aforesaid,
each solicitor or peddler shall be issued a license or permit and
may be permitted to solicit or peddle within the Village for the licensed
period beginning on the date such license or permit is issued and
ending on the expiration date thereof. Such license or permit shall
not be transferable.
A.
Every solicitor or peddler shall, at all times while
engaged in soliciting or peddling in the Village, carry evidence of
such registration upon his person and shall exhibit such evidence
upon request to all police officers, Village officials and citizens.
B.
No solicitor or peddler shall engage in selling or
offering for sale, or in seeking or taking of orders or contracts
for, any goods, wares, merchandise, article, device, subscription,
contribution, service or contract not mentioned upon such license,
nor shall any person use any vehicle for soliciting or peddling other
than the vehicle registered upon his license.
C.
No license issued under the provisions of this chapter
may be transferred from one person to another. The person designated
in said license shall be the only person authorized to engage in such
business thereunder.
No person shall engage in soliciting or peddling
at any time on Sunday or on any other day of the week before 9:00
a.m. or after 5:00 p.m. except upon invitation from or an appointment
with the resident.
No person engaged in soliciting or peddling
or as a transient merchant shall hawk or cry his goods, wares, merchandise,
articles, contracts or services upon any of the streets or sidewalks
of the Village, nor shall he use any loudspeaker or horn or any other
device on public property for announcing his presence by which members
of the public are annoyed.
[Amended 7-20-1998 by L.L. No. 5-1998; 10-21-2002 by L.L. No.
5-2002]
No person engaged in soliciting or peddling
or as a transient merchant shall park any vehicle upon any of the
streets or alleys of the Village in order to sort, rearrange or clean
any of his goods, wares or merchandise or any samples, order books,
contracts, circulars, literature or advertising matter pertaining
thereto; nor may any such person place or deposit any refuse upon
any such street or curbstone market or soliciting or peddling office
by parking any vehicle upon any street or alley in the Village for
longer than necessary in order to solicit from or peddle to persons
residing in the immediate vicinity.
A.
No person engaged in soliciting or peddling shall
occupy any of the streets or alleys or sidewalks of the Village for
the purpose of soliciting or peddling, with or without any stand or
counter.
B.
No person engaged in soliciting or peddling shall
enter upon premises for the purpose of soliciting or peddling which
are posted with signs indicating that soliciting or peddling thereon
is prohibited.
The Chief of Police shall keep a record of all
registrations made under this chapter, and the Chief of Police shall
supervise the activities of all holders of such licenses.
Any license hereinafter issued may be revoked by the Police Department or Village Clerk or Board of Trustees of the Village upon the failure of the licensee to comply with the standards of conduct established in §§ 211-6 through 211-10 or upon ascertainment that the licensee has made any false statements in the application for license hereunder.
Any person whose license has been revoked shall
be entitled to appear, with counsel if desired, before the Board of
Trustees of the Village at a regular or special meeting and be heard
on behalf of a request for reinstatement of said license.
[Amended 6-5-1995 by L.L. No. 3-1995]
Each permit shall be issued in card form, shall
be carried by the person for whose benefit it is issued and shall
contain the following information: permit number, fee paid, date of
issue, expiration date and the name of the applicant, address of the
applicant, name and address of the employer and the signature of the
applicant.
A.
Any person who violates the provisions of this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be subject to a fine of not more than $250 or imprisonment for a period
not to exceed 15 days, or both. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.[1]
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.
C.
In addition, any person who violates any provision
of the foregoing may be subject to a loss of license privilege herein
granted.
