[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:
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.
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.
Any natural person, corporation, partnership, association,
legal representative or any entity of any kind or legal representative
thereof.
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.
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:
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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.
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(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:
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NOTICE OF CANCELLATION
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(enter date of transaction)
(Date)
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YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY
PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
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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.
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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.
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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.
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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
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(Name of Seller)
(Place of Business)
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AT (Address of Seller)
NOT LATER THAN 12:00 MIDNIGHT OF
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(Date)
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I HEREBY CANCEL THIS TRANSACTION.
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(Date)
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(Buyer's Signature)
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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.
