Village of Highland Falls, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Highland Falls 5-16-1989 by L.L. No. 1-1989 (Ch. 63 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 143.
A. 
The Board of Trustees of the Village of Highland Falls finds that, although itinerant hawkers, peddlers and solicitors possess a limited constitutional right to conduct legal business within the Village, such conduct may be reasonably regulated to promote the general health, safety and welfare of the community. The Board finds that a requirement that all such hawkers, peddlers and solicitors register with the Village does not impose an undue restraint and serves the legitimate governmental purpose of informing the Village of individuals and/or groups making use of public property and/or conducting business in the Village.
B. 
The intent of this chapter also is to regulate and limit peddling in the Village in order to help protect the economic well-being of the Village's downtown businesses and to authorize the Board of Trustees to establish a designated place or places where peddling may occur.
[Added 6-2-1999 by L.L. No. 5-1999]
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A building, structure or vacant property in which or where a person transacts business and/or deals in the goods, wares and merchandise he hawks, peddles or for which he solicits during normal business hours.
HAWKER or PEDDLER
Except as hereinafter expressly provided, any person, whether principal or agent, who, on foot or from any vehicle or other conveyance or in any street or public place, sells or barters, offers for sale or barter, directs others to the place of sale or barter or carries or exposes for sale or barter any goods, wares or merchandise, except newspapers.
PERSON
Any natural person, corporation, partnership, association, legal representative or any entity of any kind or legal representative thereof.
SOLICITOR
Any person who goes from building to building for the purpose of taking or offering to take offers for services to be performed in the future or for future delivery of goods, wares or merchandise.
[Amended 6-2-1999 by L.L. No. 5-1999]
[Amended 6-2-1999 by L.L. No. 5-1999]
A. 
The following persons are exempt from the requirement to obtain a permit from the Board of Trustees:
(1) 
Persons soliciting contributions on behalf of organizations or nonprofit corporations registered pursuant to Executive Law § 172 or exempted from registration pursuant to Executive Law § 172-a.
(2) 
Salesmen, peddlers or solicitors duly licensed by the State of New York while engaged in the activity for which they are licensed.
B. 
All persons described in Subsection A above shall be required to register with the Village Clerk and Police Department and provide evidence to the Village Clerk of such other proper registration, license or authority obtained pursuant to law. In addition, all such persons shall be subject to the provisions, requirements and restrictions set forth in §§ 155-2, 155-5, 155-7, 155-8, 155-9, 155-10, 155-11 and 155-12 of this chapter.
[Amended 6-2-1999 by L.L. No. 5-1999]
Except as provided in § 155-3 above, it shall be unlawful for any person to act as a hawker, peddler or solicitor without first having obtained a permit approved by the Board of Trustees and having registered with the Village Clerk and Police Department.
All persons required to register with the Village pursuant to this chapter shall so register on forms provided by the Village Police Department.
A. 
Each registrant shall provide:
(1) 
His name, address and age.
(2) 
The name and address of the business he represents and of his base of operations.
(3) 
The type of goods or services provided.
(4) 
The method of providing such goods or services.
(5) 
Whether a vehicle is used and, if so, the make and license number.
(6) 
The length of time the registrant expects to be conducting business in the Village.
(7) 
One full-face passport or similar photo.
B. 
In the event that a registrant employs two or more salespersons, each salesperson shall add his name, address and age, along with a passport or similar photo, to the employer's registration form. A registration permit must be issued to and produced upon demand by each salesperson.
C. 
Each registrant whose business involves the use of weighing and measuring devices shall present certification that all such devices have been examined and approved by the Sealer of Weights and Measures.
D. 
Each registrant whose business involves the sale or use of food, beverage or foodstuffs shall obtain a license from the New York State Department of Health and provide proof of said license.
E. 
Each registrant shall provide and keep in full force and effect liability insurance naming the Village of Highland Falls as an additional insured in the minimum amounts of $300,000/$100,000 and shall hold the Village harmless from any claims. The registrant shall file with the Village Clerk a certificate of insurance which includes a ten-day noncancellation clause to evidence compliance with this provision.
F. 
Any person who is exempt from the requirement to obtain a permit from the Board of Trustees shall provide proof to the Village Clerk of proper state registration, license or authority. Failure to present such proof shall create a presumption that the person is not exempt from the permit requirement of this chapter. If proper proof is provided, the Clerk shall then issue a written acknowledgment of registration, which acknowledgment shall not be assignable or otherwise transferable and shall be produced upon the demand of the Village Clerk, his designee, the Building Inspector and Village of Highland Falls police officer or any person to whom goods or services are offered for sale or barter.
[Amended 6-2-1999 by L.L. No. 5-1999]
G. 
Every person who is not exempt from the permit requirement of this chapter is required to obtain a permit from the Board of Trustees prior to commencing any business activity in the Village.
[Amended 6-2-1999 by L.L. No. 5-1999[1]]
[1]
Editor's Note: This local law also repealed former Subsection H, immediately following this subsection, which stated that all permits are available at the Police Department.
Permits issued pursuant to this chapter shall be valid for the time period specified by the registrant on his registration form, but in no case longer than one year. Said permit shall not be assignable or otherwise transferable and shall be produced upon the demand of the Village Clerk, his designee, the Building Inspector, any Village of Highland Falls police officer or any person to whom goods or services are offered for sale or barter.
A. 
Each registrant shall pay a fee as set from time to time by resolution of the Board of Trustees to defray the Village's costs of administering and implementing this chapter.
[Amended 4-1-1998 by L.L. No. 1-1998]
B. 
In the event that two or more salespersons register on their employer's registration form, the fee for each such salesperson shall be as set forth from time to time by resolution of the Board of Trustees. This fee is in addition to the initial fee payable by the employer.
[Amended 4-1-1998 by L.L. No. 1-1998]
C. 
Notwithstanding the above, the registration costs for registrants seeking to sell food, beverages or foodstuffs pursuant to this chapter shall be established and amended from time to time by resolution of the Board of Trustees.
The permit issued pursuant to this chapter shall be plainly and distinctly affixed to any vehicle used in the course of business by any registered hawker, peddler or solicitor.
It shall be the duty of the Village Clerk to keep a record of all registration forms completed and permits issued during the previous three-year period.
[Added 6-2-1999 by L.L. No. 5-1999]
The Board of Trustees shall, by resolution, designate the permitted location(s) from which a peddler may conduct business. The Board of Trustees may limit the number of peddler(s) or other person(s) who may conduct business from the designated location(s). The Board of Trustees may solicit bids from prospective peddlers to use the specific permitted location(s) designated by the Board of Trustees.
[Amended 6-2-1999 by L.L. No. 5-1999]
Except as otherwise permitted by or pursuant to this chapter, no hawker, peddler or solicitor may:
A. 
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.
B. 
Create or maintain any booth or stand or place any barrels, boxes, crates or other obstructions upon the street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
C. 
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.
D. 
Conduct himself in such a manner as to become objectionable to or annoy an occupant of any residence.
E. 
Shout, cry out, blow a horn, ring a bell or use any sound-making or -amplifying device for the purpose of attracting attention to any merchandise or services 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 which is capable of being plainly heard upon the streets, avenues, parks or other public places of the Village or upon other private premises.
F. 
Distribute obscene merchandise or printed material or that which advocates unlawful conduct.
G. 
Distribute, sell, hawk, peddle or solicit the sale or purchase of illegal materials or substances.
H. 
Litter the streets, public places or properties within the Village with any merchandise or printed material.[1]
[1]
Editor's Note: See Ch. 134, Littering.
I. 
Keep the vehicle and receptacles used by him in an unsafe or unsanitary condition. All foodstuffs and edibles offered for sale must be well covered and protected from dirt, dust and insects.
A. 
Whenever a registered hawker, peddler or solicitor takes an order for the future delivery of goods or services, said hawker, peddler or solicitor shall furnish to the buyer:
(1) 
A fully completed receipt or copy of any contract pertaining to such sale at the time of its execution, which is in the same language as that principally used in the oral sales presentation and which shows the date of the transaction and contains the name and address of the seller, and in immediate proximity to the space reserved in the contract for the signature of the buyer or on the front page of the receipt if a contract is not used and in not less than ten-point boldface type, a statement in substantially the following form:
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO 12:00 MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
(2) 
At the time the buyer signs the contract or otherwise agrees to buy consumer goods or services from the seller, a completed form, in duplicate, captioned "NOTICE OF CANCELLATION," which shall be attached to the contract or receipt and easily detachable and which shall contain in not less than ten-point boldface type the following information and statements in the same language as that used in the contract:
NOTICE OF CANCELLATION
(enter date of transaction)
(Date)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OF SALE AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR SEND A TELEGRAM TO
(Name of Seller)
(Place of Business)
AT (Address of Seller)
NOT LATER THAN 12:00 MIDNIGHT OF
(Date)
I HEREBY CANCEL THIS TRANSACTION.
(Date)
(Buyer's Signature)
B. 
The seller shall complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the transaction and the date, not earlier than the third business day following the date of the transaction by which the buyer may give notice of cancellation.
C. 
This provision is intended to be consistent with and provide greater protection for consumers than may be provided by § 428 of the Personal Property Law.
A. 
Any person convicted of violating any provision of this chapter or any permit condition or restriction shall, upon conviction thereof, be guilty of a violation punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.
[Amended 4-1-1998 by L.L. No. 1-1998]
B. 
Each day that a violation of any provision of this chapter occurs shall constitute a separate and distinct violation.
C. 
In addition to the above, any permit issued pursuant to this chapter may be suspended and/or revoked for conduct detrimental to the public health, safety or welfare. No permit may be revoked until the registrant has been afforded notice and a due-process hearing before the Board of Trustees, unless there is a determination by a responsible official that there is an imminent danger to the public health, safety and welfare. In such event, a hearing shall be held within 10 business days of such determination.
[Amended 6-2-1999 by L.L. No. 5-1999]
This chapter shall be enforced by the Village of Highland Falls Police Department and by any Village officer or employee so designated by resolution by the Board of Trustees.