[HISTORY: Adopted by the Town Board of the Town of Fishkill 1-2-2008 by L.L. No. 1-2008. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the peddling and soliciting of merchandise and of services so that the peace, health, safety, welfare and good order in the Town of Fishkill, and of the inhabitants thereof, shall not be endangered or unduly disturbed.
As used in this chapter, the following terms shall have the following meanings:
- Any individual, firm, partnership, corporation, unincorporated association, and any principal, agent or employee thereof, and all other entities of any kind.
- PUBLIC ROAD OR ROADWAY
- Includes all areas legally open to public use as public streets,
sidewalks, roadways, highways, parkways, alleys and any other public
way (except state highways, pursuant to Vehicle and Traffic Law § 1157,
as hereinafter amended or revised).[Added 10-15-2008 by L.L. No. 9-2008]
- Any person who goes from place to place or house to house, or who stands in any roadway or public place, taking or offering to take orders for goods, wares or merchandise, or for services to be performed in the future, or for making, manufacturing or repairing any article or thing whatsoever for future delivery.
- VENDOR, HAWKER or PEDDLER
- Any person, either principal or agent, who, from any vehicle or any public road or public place, or by going from house to house or place of business to place of business, on foot or from any animal or vehicle, sells or barters, offers for sale or barter, or carries or exposes for sale or barter any goods, wares or merchandise.
[Amended 10-15-2008 by L.L. No. 9-2008]
License required. It shall be unlawful for any person, unless exempt from the provisions of this chapter as provided in § 112-4, to act as a vendor, hawker, peddler or solicitor without first having obtained and paid for, and having in force and effect, a hawking and peddling license pursuant to this chapter. All licenses issued pursuant to this chapter shall be nontransferable.
Restrictions. Pursuant to Vehicle and Traffic Law § 1157, as hereinafter amended or revised, no person shall occupy any part of a state highway within the Town for the purpose of selling or soliciting.
[Amended 10-15-2008 by L.L. No. 9-2008]
No part of this chapter shall be enforced so as to conflict with Article 4 of the New York State General Business Law.
The requirements of this chapter shall not apply to the following:
The peddling of meats, fish, fruits and farm products by farmers and persons who produce such commodities. The term "farm products" shall not include nursery stock, potted plants or cut flowers;
Representatives of any not-for-profit religious, charitable, educational, civic or political organizations, provided that appropriate insignia, clothing or other identifications are displayed so that the public may identify the organization;
Any not-for-profit membership, organization or corporation such as the Boy Scouts of America, Girl Scouts of America, Little League, Soccer League, Football League, local volunteer firemen, local ambulance or life safety volunteers, or similar such organizations. Whether an organization not listed qualifies under this section is within the sole discretion of the enforcement officer;
Candidates for elective office or their representatives.
Application for a hawking and peddling license shall be made by the applicant on a form provided by the Town Clerk. After approval of said application by the Town Board, the Town Clerk shall be authorized to issue such license upon receiving the license fee herein specified in § 112-6 below.
The license fee shall be according to a fee schedule established by the Town Board of the Town of Fishkill.
Any person or persons having obtained a license under the provisions of this chapter and who is using a vehicle shall place upon either side of the body of such vehicle the words "licensed vendor," together with the number of such license.
No person shall use any vehicle for vending fruit or any article of food that has been used for the purpose of carting manure, rags, garbage, ashes or any material which would injuriously affect such fruit or food, or contact with which would render such fruit or food unfit for human consumption, without first thoroughly cleaning such vehicle and removing all traces of such former use.
All licenses issued hereunder shall expire on the 31st day of December in the year in which issued. Any person holding a license shall file an application for a renewal thereof with the Town Clerk of the Town of Fishkill on or before the first day of December in each year for a license for the ensuing year.
Permits and licenses under the provisions of this chapter may be revoked by the Town Board after notice and public hearing for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on the business licensed under this chapter.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
The Town Supervisor shall have the power to temporarily suspend any license upon receipt of a written complaint, pending the hearing provided for herein.
Any person committing an offense against any provision of this chapter shall 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 offense hereunder.
This chapter shall be enforced by any Zoning Administrator, Building Inspector or Code Enforcement Officer of the Town of Fishkill.