[Amended 2-24-2015 by L.L. No. 1-2015]
This chapter is intended to regulate peddling and soliciting activities in the City of Fulton to ensure the public welfare and to protect against criminal activity, including fraud and burglary; minimize the unwelcome disturbance of citizens and the disruption of privacy; and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing peddlers and solicitors, including but not limited to door-to-door peddlers and solicitors and ice cream or frozen dessert street vendors. This chapter also provides a means for residents to prohibit door-to-door sales and solicitations at their homes by properly posting a sign indicating that solicitors are prohibited. This is important for parents who may have children at home and who do not want them exploited, annoyed or alarmed by strangers. In addition, the intent of the addition of Article
V, Special Conditions for Mobile Food Vendors, is to attract people to Lake Neatahwanta as well as the Pathfinder Trail along the Oswego River in order to showcase the tremendous natural resources located in the City of Fulton that are often overlooked.
As used in this chapter, the words and phrases herein defined
shall have the following meanings, unless the context otherwise requires:
CASUAL CRAFTERS OR ARTISTS
Persons making, by their own hand and labor, novelties, trinkets,
or jewelry such as may be crafted from wood, stone or metal and other
media, or drawings, paintings, and sketches.
[Added 9-3-2002 by L.L. No. 13-2002]
GOODS
Any goods, wares, foodstuffs, merchandise or services offered
for sale, whether or not displayed. This does not include frozen dairy
and nondairy desserts offered for sale by ice cream or frozen dessert
street vendors.
ICE CREAM OR FROZEN DESSERT STREET VENDOR
A person who travels by any type of vehicle, whether motorized
or not, upon the improved portion of any street, selling or offering
for sale any single-serving frozen dairy or nondairy dessert. "Frozen
dessert" shall have the same meaning as specified in Subdivision 37
of § 375 of the Vehicle and Traffic Law of the State of
New York.
MOBILE FOOD VENDOR
A peddler who sells or offers for sale, from a vehicle, pushcart,
trailer or other mobile platform approved by the Common Council, ready-to-eat
food and/or beverage items, prepackaged, pre-prepared or prepared
on location.
[Added 2-24-2015 by L.L.
No. 1-2015]
PEDDLER
Any person who goes upon the premises of any private residence
in the City, not having been invited by the occupant thereof, or any
person who goes upon the City streets, sidewalks or other public place,
carrying or transporting goods, wares, merchandise or personal property
of any nature and offering the same for sale.
PEDDLING
Includes all activities ordinarily performed by a peddler
as indicated under the definition of "peddler" herein.
POINT OF SALE
The actual location of a peddling or soliciting activity,
primarily characterized by physical separation from any other peddling
or soliciting activity.
PUBLIC PLACE(S)
Any highway, street, park, sidewalk, cemetery, playground,
parking area, school ground, public beach, skating rink, or any privately
owned property that is open to the public or any other place to which
the public or a substantial group of persons has access, including,
but not limited to, transportation facilities, schools, places of
amusement, and hallways, lobbies and other portions of apartment houses
and hotels not constituting rooms or apartments designed for actual
residence and any other public lands or property owned, operated or
controlled by the City of Fulton, whether located within or without
said City of Fulton, or any other municipality or public agency.
SOLICITING
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of "solicitor" herein.
SOLICITOR
Any person who goes upon the premises of any private residence
in the City, not having been invited by the occupant thereof, or any
person who goes upon any City street, sidewalk or other public place,
for the purpose of offering, taking or attempting to take orders for
the sale of goods, merchandise, wares, or other personal property
of any nature for future delivery, or for services to be performed
in the future, or for the solicitation of support or donations where
said support or donation is unsolicited by the person or entity being
solicited.