For the purpose of this chapter, certain words
are defined as follows:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
PEDDLE
To go from house to house, from store to store, from place
to place or from street to street to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of Montour
Falls other than from a fixed place of business.
PEDDLER
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
PERSON
Only a natural person or an individual, whether a resident
of the Village of Montour Falls or not.
SOLICIT
To go from house to house, from store to store, from place
to place or from street to street to sell or take orders for goods,
wares, merchandise or provisions for future delivery or for services
to be performed at any place of business or to distribute advertising
circulars.
SOLICITOR
Any person or company who solicits, as herein defined.
It shall be unlawful for any person or company
to peddle or solicit within the Village of Montour Falls without having
first obtained a valid license therefor as provided herein.
Every peddler or solicitor licensed under this
chapter shall have his/her license in his/her immediate possession
at all times when peddling or soliciting and shall display the same
upon demand of any person.
No peddler or solicitor shall have any exclusive
right to any location in the public street, nor shall any be permitted
a stationary location, nor shall be/she be permitted to operate in
any congested area where his/her operation might impede or inconvenience
the public. For the purpose of this chapter, the judgment of any Schuyler
County Sheriff's Deputy, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded
or inconvenienced.
It shall be the duty of any officer of the Schuyler
County Sheriff's Department to require of any person peddling, and
who is not known by such office to be duly licensed, to produce his/her
peddler's license and to enforce the provisions of this chapter against
any person found to be violating the same.
Any person aggrieved by the action of the Village Board or the Village Clerk in the denial of any application for a license as provided in §
103-4 of this chapter shall have the right to appeal to the Village Board of the Village of Montour Falls. Such appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the ground for the appeal. The Village Board shall set the time and place of a hearing on such appeal, and notice of such hearing shall be mailed to the applicant for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.
The Schuyler County Sheriff shall report to
the Village Clerk all convictions for violation of this chapter, and
the Village Clerk shall maintain a record for each license issued
and record the reports of violation therein.
All annual licenses issued under the provisions
of this chapter shall expire on the 31st day of December in the year
issued. Other than annual licenses shall expire on the date specified
in the license.
[Amended 8-21-1995 as L.L. No. 4-1995]
Any violation of any provision of this chapter
shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both.