[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.]
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.
APPLICANT
BUSINESS
GOODS
HAWKING
PEDDLER
PEDDLING
PERSON
RESIDENCE
SOLICITING
SOLICITOR
TOWN
As used in this chapter, the following terms shall have the meanings
indicated:
The individual who has registered or is about to register
to act as a solicitor, peddler or hawker in the Town of Onondaga.
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.
Merchandise of any description, including but not limited
to wares, foodstuffs and services provided to utilize goods.
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.
Any person who shall engage in peddling, as hereinafter defined.
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.
Any natural person, association, partnership, firm, corporation,
joint venture, or any other form of business organization or entity.
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.
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.
Any person who shall engage in soliciting, as hereinabove
defined.
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.
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.
