City of Port Jervis, NY Chapter 403 Peddling and Soliciting

[HISTORY: Adopted by the Common Council of the City of Port Jervis 12-28-2009 by L.L. No. 13-2009.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Auctions and auctioneers — See Ch. 220.

Pawnbrokers — See Ch. 394.

Streets, sidewalks and public property — See Ch. 464.

Vehicles and traffic — See Ch. 505.

[1] Editor’s Note: This local law also repealed former Ch. 403, Peddling and Soliciting, adopted 7-27-1964 as part of Ch. 16, Art. VII, of the 1964 Code of Ordinances (Ch. 119 of the 1981 Code), as amended.

§ 403-1 Purpose.

The purpose of this chapter is to promote and protect the health, safety and general welfare of the community, and the preservation and protection of the property of the City of Port Jervis and its residents.

§ 403-2 Definitions.

As used in this chapter, the following words and phrases shall have the meaning set forth unless the context of their use clearly indicates otherwise:

APPLICANT

Any person by or for whom an application is made under this chapter.

CHARITABLE ORGANIZATION

A. Any benevolent, philanthropic, patriotic, military, veterans, not-for-profit, educational or religious association, society or organization qualified as a tax-exempt organization under Section 501 of the Internal Revenue Code.

B. Any governmental entity or organization, including, without limitation, a school district, fire district and fire company.

CITY

The City of Port Jervis, Orange County, New York.

MERCHANDISING

A. Selling or offering for sale, barter or exchange any property or service, either for immediate or future delivery or performance upon any street, road or highway or from house to house in the City.

B. Seeking, taking or offering contracts or orders for any property for future sale or delivery or performance of any service upon any street, road or highway or from house to house in the City.

C. Seeking or taking subscriptions or contributions of money or property upon any street, road or highway or from house to house in the City.

D. Delivery or distribution of advertising matter, literature, pamphlets, samples or handbills house to house or on any of the streets, roads or highways or by going from place to place in the City, but not including the delivery or distribution of newspapers, magazines or political or religious materials.

PEDDLER or SOLICITOR

Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The word "peddler" shall include the words "hawker," "solicitor" or "canvasser."

PERSON

A natural person, corporation, partnership, association, joint venture, society or other organization or association of any kind, whether acting as principal, agent, employer or employee.

PROPERTY

Any goods, wares, merchandise or other article or thing of every kind or nature except newspapers.

§ 403-3 Permit or registration required.

No person shall engage in peddling, soliciting, hawking or canvassing without first obtaining a permit or registering or both as required by this chapter.

§ 403-4 Exemptions.

No permit under this chapter shall be required:

A. For any person or organization that is participating in an event approved by the Common Council of the City of Port Jervis where the vendor has paid a fee and is located in a stationary booth at said event.

B. For the delivery of goods or services ordered by telephone, mail or other method initiated by the person receiving the goods or services.

C. By any business, service or activity licensed under any other law, regulation or ordinance of the City of Port Jervis.

D. By political parties and candidates for public office.

§ 403-5 Permitted hours for peddling.

No peddling or soliciting shall be conducted before 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00 p.m.

§ 403-6 Contents of application.

A. An application for a permit under this chapter shall contain the following:

(1) The name, home address and local address, if any, of the applicant.

(2) A physical description of the applicant, giving the date of birth, height, weight and color of hair and eyes. A photograph will be required.

(3) The name and address of the person, if any, by whom the applicant is employed and for whom orders are to be solicited, cleared, filled or delivered.

(4) A description of the exact business or activity in which the applicant intends to engage, and of the nature of any property or services involved.

(5) A list of crimes for which the applicant has been arrested or convicted, including dates and places. The applicant shall further provide an original or certified copy of a BCI background check and a signed copy of a waiver whereby the applicant agrees to allow the City to obtain a name/date of birth BCI background check on the applicant for purposes of properly enforcing this chapter. By submitting such a waiver, the applicant understands that the results of said background check could form the basis for a denial of a permit under this chapter.

[Amended 11-28-2022 by L.L. No. 13-2022]

(6) A statement as to the period of time during which the applicant intends to engage in the business or activity regulated under this chapter.

(7) Proof that the applicant, or his or her employer or principal is registered for sales tax purposes, if the business or activity to be conducted is subject to sales or use tax.

(8) A description of any motor vehicle that will be used for pickup or delivery of property or for the purpose of bringing any such property into the City for peddling or soliciting, to include the name of manufacturer, year, type of vehicle, vehicle identification number, registration plate number, title holder, and the name of the person other than the title holder to whom the vehicle is registered, if any.

(9) The name and address of the employer or firm representing, together with credentials establishing the exact relationship.

(10) A brief statement of the nature of the business and a description of the nature of the services to be sold.

(11) The geographic area to be canvassed or solicited.

(12) The place where the goods or property to be sold or offered for sale are manufactured or produced, the place where such goods or property are located at the time such application is filed and the proposed method of delivery.

(13) Two business references located in the County of Orange, 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.

(14) Further information required by the City Clerk, including a certificate of insurance with the City named as a co-insured.

(15) Performance regulations:

[Amended 12-9-2013 by L.L. No. 9-2013]

(a) All applicants proposing to sell food items shall be required to obtain a food handler’s license from the Orange County Health Department.

(b) Locations shall be restricted to the following municipal locations:

[1] Riverside Park in between signs posted by the City of Port Jervis;

[2] West End Beach in between signs posted by the City of Port Jervis; and

[3] Park Avenue Observatory in the parking area, although a designated peddler cannot utilize more than two designated parking spaces at any time.

(c) Peddlers shall be prohibited within 100 feet of an established commercial business engaged in similar activity at the time of the enactment of this section unless such peddler is participating in a City-sponsored event.

(d) Temporary merchants, peddlers or solicitors shall be prohibited from conducting business at the locations referenced in § 403-6A(15)(b) without prior approval of the Common Council. It shall the exclusive dominion of the Common Council to determine who the permission be granted to and how many permissions they shall issue for given locations subject to the following two requirements:

[1] That only one peddler shall be allowed a seasonal peddler’s permit at the Park Avenue Observatory per season; and

[2] That permissions can be granted on a first-come-first served basis for locations per permit period, although the Common Council is allowed to give special consideration to a peddler who occupied a location in a prior permit period.

(e) The area to be occupied by a single temporary merchant, including a wagon, truck, sign and trash receptacle, shall not exceed 200 square feet.

(f) One freestanding sign per temporary merchant may be allowed at the permitted site. Signs must be constructed of durable material and maintained in a presentable condition. Flashing lights or lights shall be prohibited. No sign shall be placed within 15 feet of a property line or within an established sight triangle for interior lanes or access driveways. All freestanding signs must be removed and properly secured during non-operating hours of the temporary merchant. Maximum sign face shall not exceed four square feet and shall not exceed four feet in height.

(g) Provide and maintain trash receptacles and be responsible for trash removal at the end of each day.

(h) Not sell or transfer the assigned space.

(i) Remove themselves and their property from the assigned space each night and maintain the grounds in a clean and safe condition each day.

B. The application shall be signed by the applicant and sworn to before a notary public or other officer authorized to administer oaths.

§ 403-7 Action on permit applications; permit limitations.

[Amended 12-9-2013 by L.L. No. 9-2013[1]]

A. The City Clerk shall issue the permit.

B. Permits under this chapter shall be issued to peddlers for the following periods only:

(1) Any time during the year for door-to-door peddling activities.

[Amended 12-17-2018 by L.L. No. 1-2019]

(2) City fire parade permit: issued prior to the City of Port Jervis Annual Fireman’s Day Parade for the period of that one day of the parade only.

C. No permit under this chapter shall be required for those items listed in § 403-4, Exemptions.

D. A permit issued pursuant to this chapter may be revoked if, following its issuance, the Police Department determines that the applicant was convicted of any crime not reported in the application or is otherwise not a person of good moral character and reputation. A permit may also be revoked for any violation of this chapter committed after its issuance.

[1] Editor's Note: This local law also renumbered former § 403-7, Fees, as § 403-8, and former § 403-8, Action on permit applications: permit limitations, as § 403-7.

§ 403-8 Fees.

[Amended 12-9-2013 by L.L. No. 9-2013]

A. The following fees shall be paid to the City Clerk with an application for a permit:

(1) Seasonal peddler’s permit: $1,500.

(2) City fire parade permit: $100.

B. The aforementioned fees and any other fees so needed for this section are subject to amendment by resolution pursuant to § 280-10 of the Port Jervis City Code from time to time as needed.

§ 403-9 Additional requirements and prohibited conduct.

A. The Police Department may require reports from any permit holder at any time and at such intervals as it deems necessary for the protection of the public health, welfare and safety.

B. The owner or occupant of a residential building may post a notice prohibiting peddlers and solicitors. The notice shall be placed in a conspicuous place adjacent to the entrance door of the building. The letters of the notice shall be at least 1/2 inch in height and shall contain a statement saying in substance that "peddlers or solicitors are prohibited." No person shall engage in any activity regulated by this chapter by attempting to enter a building or ringing a doorbell or knocking on an entrance door to any residence building at which entrance such notice has been posted.

C. Any person engaged in an activity regulated under this chapter, whether that person is exempt or not, who has entered upon private property, whether invited or not, shall immediately and peacefully depart therefrom when requested to do so by any occupant.

§ 403-10 Exhibition of license.

Every holder of a peddler's license or solicitor's license issued by the City Clerk shall be required to carry such license with him while engaged in the business or activity licensed within the corporate limits of the City. He shall produce such license at the request of any official of said City or at the request of any person with whom he wishes to conduct his said business or activity.

§ 403-11 Records.

The City Clerk shall maintain a record of all licenses issued under the provisions herein and shall record therein all convictions for violations herein and other pertinent circumstances and incidents as reported by the Chief of Police.

§ 403-12 Revocation of licenses.

A. Licenses issued herein may be revoked by the Chief of Police or City Clerk, after reasonable notice and hearing, for any of the following causes:

(1) Misrepresentation or false statement contained in the application for the license.

(2) Misrepresentation or false statement made in the course of carrying on activities regulated herein.

(3) Conviction of any crime or misdemeanor relating adversely to the occupation of peddling or soliciting.

(4) Conducting the business in an unlawful manner, in violation of this section or in such manner as to constitute a breach of peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of a hearing for revocation of a license shall be given, in writing, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee, at the address given by the licensee in making application under § 403-6 herein, at least five days prior to the date set for said hearing. The hearing shall be conducted by the Common Council.

§ 403-13 Appeals.

Any person aggrieved by the action of the Chief of Police or the City Clerk in the denial of an application for a permit or license, or in the decision with reference to the revocation of a license shall have the right of appeal to the Common Council of the City of Port Jervis. Such appeal shall be taken by the filing with the Common Council, 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 grounds for the appeal. The Common Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided herein for notice of hearing on revocation. The decision and order of the Common Council on such appeal shall be final and conclusive.

§ 403-14 Enforcement; penalties for offenses.

[Amended 11-28-2022 by L.L. No. 13-2022]

A. The Police Department of the City of Port Jervis, and/or the enforcement officials as may be designated, is charged with enforcing the provisions of this chapter and shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of any section of this chapter.

B. Any person who violates any provision of this chapter shall be guilty of a violation. Each violation shall be punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.

§ 403-15 Repealer.

This chapter supersedes Chapter 403, which is hereby repealed. All permits and licenses issued under that ordinance shall be used in compliance with the provisions of this chapter and shall expire in accordance with their terms.