[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan 10-4-1971 by L.L. No. 1-1971 (Ch. 18 of the 1971
Code). Amendments noted where applicable.]
[Amended 2-7-2011 by L.L. No. 9-2011]
No person shall hawk, vend, peddle, sell or cry any goods, wares,
merchandise or other commodities, or solicit orders for the same,
in any street or public place in the Village of Buchanan, or go from
house to house in the Village of Buchanan for such purposes, between
the hours of 9:00 p.m. and 9:00 a.m.; and no hawking, vending, peddling,
selling or crying of any goods, wares, merchandise or other commodities
or soliciting orders for the same in any street or public place, or
going from house to house for such purpose, shall be carried on in
the Village of Buchanan by any person, unless such person shall procure
a license so as to do from the Board of Trustees of the Village of
Buchanan and pay therefor a fee in an amount as set from time to time
by resolution of the Board of Trustees for each one year.
Should any person, firm or corporation be now or hereafter exempted
by the laws of the State of New York from operation of local ordinances
relating to hawking, vending, selling, peddling and crying of goods,
wares and merchandise and other commodities in streets or public places
or to the soliciting of orders for the same or to the going from house
to house for the purpose of hawking, vending or selling the same or
should the power of villages to license, regulate and restrict the
hawking, vending, peddling and selling and crying in the streets or
public places of certain specified classes of goods, wares and merchandise
and other commodities, and to the soliciting of orders for the same,
be limited or denied by the laws of the State of New York, this chapter
shall be deemed to be inapplicable to said class of persons, firms
or corporations or to the specified class of goods, wares, merchandise
and other commodities.
All permits issued under this chapter shall be on condition
that the holder of such permit will not remain in any public place
or before any store or residence longer than may be reasonably necessary
for the accommodation of such occupants of such store or residence,
and in no event will such hawking, vending, selling, peddling or crying
of goods, wares, merchandise or other commodities be used in a manner
to impede or congest traffic on public highways in the Village of
Buchanan. A permit may be canceled by the Board of Trustees of the
Village of Buchanan for a breach of any of such conditions.
A.
No person shall hawk, peddle or otherwise engage in the business
of buying or otherwise acquiring junk and secondhand goods, wares
or merchandise by means of any wagon, cart, vehicle, booth, stand
or otherwise upon any street, highway or other place without having
first procured from the officials of the Village, authorized by law
to issue the same, a license therefor and paying for such license
a sum as set from time to time by resolution of the Board of Trustees
per annum.
[Amended 2-7-2011 by L.L. No. 9-2011]
B.
No person shall in any event enter within the limits of the Village to engage in any occupation specified in Subsection A of this section, with or upon any such wagon, cart or vehicle and any contents thereof, and no such person shall in any event leave the limits of the Village unless he shall immediately prior thereto report at the police headquarters of the Village and permit a police officer to make an inspection of such wagon, cart or vehicle and any contents thereof.
C.
Upon violation of any provision of Subsection B of this section, the Mayor may revoke the license of any person committing such violation upon giving to such person no less than five days' written notice of his intention to do so. Such notice shall be given by mail to the last address given by such person in his application for such license and shall provide such person with an opportunity to be heard in opposition to such revocation.
Any person having obtained a license for using a vehicle under
the provisions of this chapter is hereby required to place upon both
sides of the body of the vehicle used by him for such purpose, in
a conspicuous place and in legible characters, the words "Licensed
Vendor" or "Junk License," as the case may be, together with the number
of his license; and in case the license shall be for a single day,
it shall read "Special License Vendor."
All licenses granted under this chapter shall expire at 12:00
noon on the first day of January of each year.
Any person violating any of the provisions of this chapter shall
forfeit the sum of $10 for each and every offense.