This chapter is enacted for the purpose of regulating the distribution
of certain materials, peddling, soliciting and related activities
within the Village of Fort Edward. The registration of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door to door or distributing materials within the
Village may be established, so that general regulations may be more
effectively enforced, for the protection and maintenance of the health,
safety and welfare of the inhabitants of the Village and to prevent
dishonest business practices and dishonest solicitation of funds in
the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
GARAGE SALE
All sales of a private, non-retail nature, including but
not limited to garage sales, yard sales, tag sales, moving sales and
cellar sales, will require a registration certificate.
[Added 7-7-1986 by L.L. No. 2-1986]
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvement or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors as used herein.
PEDDLER
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds from a stationary location
or from any street or other public place.
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
Every applicant for a registration certificate under the provisions
of this chapter shall file with the Village Clerk a sworn written
application, on a form to be furnished by said Clerk, which shall
give or be accompanied by the following information or documents:
A. The name and description of the applicant.
B. The permanent home address and full local address of the applicant.
C. A brief statement of the nature of the business and a description
of the merchandise or service to be sold.
D. If employed, the name and address of the employer, together with
credentials establishing the exact relationship.
E. The length of time for which the certificate is desired.
F. If a vehicle is to be used, a description of such vehicle and its
license number.
G. The place where the merchandise or services to be sold or offered
for sale are manufactured or produced, where such merchandise is located
at the time such application is filed and the proposed method of delivery.
H. Two business references located in the County of Washington, State
of New York, or, in lieu thereof, such other available evidence of
the character and business responsibility of the applicant as will
enable an investigator to properly evaluate such character and responsibility.
I. A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty assessed therefor.
Any person aggrieved by the action of the Chief of Police or of the Village Clerk in the denial of a certificate, as provided in §
232-6 of this chapter, shall have the right of appeal to the Board of Trustees. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. The Board of Trustees shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in §
232-12 of this chapter for notice of hearing on revocation. The decision of the Board on such appeal shall be final and conclusive.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise, except between the hours
of 8:00 a.m. and 6:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a
person previously.
B. Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor registered with the Clerk and displaying his certificate.
C. 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.
D. 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.
E. Enter or attempt to enter the land of any resident in the Village
without an express invitation from the occupant of such land.
F. Conduct himself in such a manner as to become objectionable to or
annoy an occupant of any house.
G. Shout, cry out, blow a horn, ring a bell or use any sound-making
or amplifying device 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 to be capable of being
plainly heard upon the streets, avenues, parks or other public places
of the Village or upon private premises therefrom, for the purpose
of attracting attention to any merchandise or services.
H. Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
I. Litter the streets, public places or properties within the Village
with any merchandise or printed material.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation punishable
by a fine of not more than $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 violation
hereunder.