It is the intent of the Village Board of Village of Altamont
to regulate the activities of peddlers in order to preserve the peace,
safety and general welfare of the Village and its inhabitants.
For the purpose of this chapter, the following terms shall have
the meaning indicated:
PEDDLER
An individual, firm, corporation, club, society, partnership,
unincorporated association, and any principal or agent thereof who,
in or upon any street or highway, or going from place to place, or
from street to street, by foot, wagon, automotive vehicle or any other
type of conveyance, or who, from a wagon, automotive vehicle, railroad
car or other vehicle or conveyance with or without going from place
to place or street to street, sells or barters, offers for sale or
barter, carries or exposes for sale or barter or takes or offers to
take orders for goods, wares, merchandise, provisions, or services
of any kind. The term "peddler" shall include the words "hawker" and
"solicitor."
The provisions of this chapter shall not apply to:
A. Any sales conducted pursuant to statute or by order of any court;
B. Sales to merchants having an established place of business within
the town;
C. The peddling of meats, fish, fowl, fruit, vegetables and garden produce
by a gardener or farmer or his employees where the products sold or
offered for sale are the produce of the vendor's farm, garden
or orchard;
D. The peddling in milk, baked goods, heating fuel and daily newspapers;
E. Sales by any person soliciting at the express invitation of the person
solicited or soliciting to establish customers;
F. Sales by any school group, veterans, fraternal or charitable organizations,
volunteer firemen's association, religious, civic or service
group or other nonprofit organization or association that maintains
a chapter or place for the regular conduct of business or meeting
within the County of Albany;
G. Any veteran who has procured a license from the State of New York
pursuant to § 32 of the General Business Law;
H. Vendors of Village-operated Farmer's Markets;
[Amended 12-4-2012 by L.L. No. 3-2012]
I. Vendors at the annual Altamont Fair; and
[Amended 12-4-2012 by L.L. No. 3-2012]
J. Vendors at any lawful event sponsored by an Altamont-based nonprofit
organization.
[Added 12-4-2012 by L.L. No. 3-2012]
It shall be unlawful for any person to act within the Village
of Altamont as a peddler without having a valid license therefor,
obtained as prescribed in this chapter.
The license shall, upon request, be produced and exhibited to
any Village police officer or prospective customer of the licensee.
No license shall be valid for a period of more than 120 days from
the issuance date and in no event shall it be valid after the last
day of the year in which it was issued.
Within the Village of Altamont, no peddler shall:
A. Willfully misstate any fact relating to merchandise or services offered
for sale;
B. Willfully offer for sale any article of an unwholesome or defective
nature;
C. Call attention to himself or his vending activity by a public address
system or by creating a public disturbance or loud and unusual noise;
D. Willfully and for the purpose of vending enter upon premises clearly
displaying a sign prohibiting solicitation;
E. Fail to promptly leave premises upon request of any occupant of such
premises;
F. Fail to furnish to a vendee upon request a legible receipt signed
and dated by the license containing a description of the merchandise
or services ordered or sold, the price thereof and the payment received;
G. Conduct activities authorized by this chapter in such manner as to
constitute a breach of the peace or to constitute a menace to the
health, safety or general welfare of the public; or
H. Conduct activities authorized by this chapter except during daylight
hours, and in no event earlier than 9:00 a.m. or later than 5:00 p.m.,
Monday through Saturday.
The provisions of this chapter are declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this chapter and they shall remain in effect,
it being the legislative intent that this chapter stand, not withstanding
the invalidity of any part.