Town of Onondaga, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: [1]Adopted by the Town Board of the Town of Onondaga 7-18-2005 by L.L. No. 2-2005. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 163.
Parks — See Ch. 186.
Streets and sidewalks — See Ch. 253.
[1]
Editor's Note: Original Ch. 29A, Swimming Pools, adopted 6-16-1971 by L.L. No. 3-1971, as amended, was repealed 5-7-2001 by L.L. No. 6-2001.
The Town Board of the Town of Onondaga hereby finds that the public health, safety, morals and welfare of the inhabitants of the Town of Onondaga require the regulation and control of solicitors, peddlers and hawkers. Therefore, the purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practice, to avoid access to homes for criminal purposes and to maintain the peace, quiet and privacy of residents of the Town of Onondaga.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
The individual who has registered or is about to register to act as a solicitor, peddler or hawker in the Town of Onondaga.
BUSINESS
The business carried on by a person who is a solicitor, peddler or hawker seeking to sell merchandise, services or take orders for such by traveling door to door and entering the boundaries of residential areas, including multifamily buildings, condominiums and similar places where people reside.
GOODS
Merchandise of any description, including but not limited to wares, foodstuffs and services provided to utilize goods.
HAWKING
The selling or offering for sale of any goods, wares, merchandise or services on the street by outcry or by attracting the attention of persons by exposing goods in a public place, or by placards, labels, or signals.
PEDDLER
Any person who shall engage in peddling, as hereinafter defined.
PEDDLING
The selling or offering for sale of any goods, wares, merchandise or services for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his possession or control upon any of the streets or sidewalks or from house to house within the Town of Onondaga.
PERSON
Any natural person, association, partnership, firm, corporation, joint venture, or any other form of business organization or entity.
RESIDENCE
Every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure located within the Town of Onondaga.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, merchandise or services for future delivery; or for contracts or orders or subscriptions of any kind; or donations, gifts or contributions of any kind, including money, clothing or any other valuable thing, upon any streets or sidewalks or from house to house within the Town of Onondaga.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove defined.
TOWN
The Town of Onondaga, New York.
B. 
Usage. The singular shall include the plural.
[Amended 2-1-2016 by L.L. No. 1-2016]
A. 
No person shall engage in soliciting, peddling or hawking in the Town without first registering with the Town Clerk or an authorized Town representative. If granted, a registration is effective for a period not to exceed 90 days.
B. 
At all times when peddling, soliciting or hawking within the Town, registrants shall wear name badges on their outer layer of clothing. Said badge shall be issued by the company or vendor represented. Its name, the name of the registrant and a head shot photo of the registrant shall be prominently shown on such badge.
A. 
Every person desiring to engage in soliciting, peddling or hawking in the Town shall first register, under oath, with the Town Clerk. Upon such application, such person shall give the following information:
(1) 
The name, address, telephone number and birth date of the applicant;
(2) 
Prior convictions of a crime, misdemeanor or violation of any ordinance, the nature, place and date of such offense and disposition of same;
(3) 
The name, address and telephone number of the person for whom the applicant works and a letter appended to the application authorizing the applicant to represent the person the applicant purports to represent, if any;
(4) 
The type or types of article, device, subscription, contribution, service or contract which the applicant desires to sell or for which the applicant wishes to solicit within the Town;
(5) 
The dates and locations of soliciting, peddling or hawking;
(6) 
The type of vehicle the applicant will be using while in the Town and its license number; and
(7) 
Such other business and personal information as the Town Board finds reasonably necessary to protect the public.
(8) 
Each person applying for registration must provide (submit) a legible copy of his/her driver’s license, passport or other photo identification acceptable to the Town.
[Added 2-1-2016 by L.L. No. 1-2016]
B. 
Where a person makes application for himself and one or more others, all applicable personal information specified above shall be given for each person, and an individual registration shall be required for each person.
C. 
Each applicant for registration shall authorize the Town to conduct a national criminal background check and a national sex registry check prior to the issuance of any registration.
[Added 2-1-2016 by L.L. No. 1-2016]
No registration shall be accepted under this chapter, except upon payment of the appropriate fee to the Town Clerk. The amount of such fee shall be established from time to time by resolution of the Town Board.
A. 
Registration may be denied or revoked for any of the following reasons:
(1) 
Fraud, misrepresentation or any false statement made in furnishing the information required by this chapter;
(2) 
Fraud, misrepresentation or any false statement made in the course of conducting the activities for which the person is registered;
(3) 
Any violation of this chapter;
(4) 
Conviction of the registration applicant or registration holder of any felony or misdemeanor involving moral turpitude or his/her listing on any sex offender registry;
[Amended 2-1-2016 by L.L. No. 1-2016]
(5) 
Conducting the soliciting, peddling or hawking in an unlawful manner or in such manner as to constitute a breach of the peace or to be a threat to the health, safety or general welfare of the people of the Town.
B. 
Any person whose registration has been denied or revoked shall be entitled to appear, with counsel, if desired, before the Town Board of the Town, at a regular or special meeting, and be heard on behalf of a request for issuance or reinstatement of said registration.
Except upon invitation from or an appointment with a particular resident, no person shall engage in soliciting, peddling or hawking during the following times:
A. 
At any time on Sundays or national holidays; and
B. 
Before 9:00 a.m. or after 7:00 p.m. on any other day.
A. 
No person engaged in soliciting, peddling or hawking shall occupy any of the streets, alleys or sidewalks of the Town for the purpose of soliciting, peddling or hawking, with or without any stand or counter.
B. 
No person engaged in soliciting, peddling or hawking shall enter upon premises for the purpose of soliciting, peddling or hawking which are posted with signs indicating that soliciting, peddling or hawking thereon is prohibited.
C. 
No person engaged in soliciting, peddling or hawking shall refuse to leave the premises owned, leased or rented by another after having been notified by the owner or occupant of such premises, or his agent, to leave the same and not return to such premises.
D. 
A registration shall not be assignable. Any holder of a registration who permits it to be used by any other person shall forfeit that registration (it shall be revoked) and thereafter, in addition to any penalties and fines that may be imposed on that person or any person who used another’s registration, they shall be prohibited from obtaining any future such registration from the Town.
[Added 2-1-2016 by L.L. No. 1-2016]
E. 
No peddler, solicitor or hawker shall blow a horn, ring a bell or use any other noisy device or shout or cry out to attract public attention or attention to his/her wares.
[Added 2-1-2016 by L.L. No. 1-2016]
The following persons are exempt from the registration requirements of this chapter:
A. 
Persons 18 years of age or under, selling or soliciting the sale of goods or services for educational, nonprofit or religious purposes.
B. 
Persons involved in the sale of milk, newspapers or food on regular customer routes.
[Added 2-1-2016 by L.L. No. 1-2016]
C. 
Candidates for public office.
[Added 2-1-2016 by L.L. No. 1-2016]
Notwithstanding any other provision, no person shall sell merchandise at any public function held in the Town or on lands owned by the Town without first obtaining written permission therefor from the Town Board; and the Board may, from time to time, adopt rules and regulations concerning such sales.
The Town Clerk shall keep a record of all registrations made under this chapter, including the number and date of each registration, and the name, age and residence of each registered person, and the Town Clerk shall supervise the activities of all registered persons.
A. 
Any person violating the provisions of this chapter will be guilty of an offense and, upon conviction thereof, shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. Each day's continuation of the offense shall be considered a separate offense.
B. 
In addition or as an alternative to the above-provided penalties, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
C. 
In addition, any person who violates any provision of the foregoing may be subject to a loss of registration privilege herein granted.