As used in this chapter, the following terms shall have the
meanings ascribed to them:
To go from house to house, go from place to place, go from
street to street, maintain a sales booth at a carnival, fair or flea
market or any similar transient use, or any combination thereof, for
the purpose of selling and making immediately delivery or offering
for sale and immediate delivery at any place within the town of any
services, goods, wares, merchandise or provisions in possession of
the seller.
[Amended 10-4-1994]
Any person who shall peddle, as defined in this section,
whether directly or indirectly, and whether in person or through another
person or employee, and shall include such other person or employee,
and shall also include a hawker and a huckster.
To go from house to house, from place to place, from street
to street, from store to store, or any combination thereof, for the
purpose of selling or taking an order or orders, whether from sample
or otherwise, for services to be performed in the future or for goods,
wares, merchandise or provisions to be delivered in the future or
for the purpose of obtaining contributions of money, goods or services
or for the purpose of delivering advertising matter at any place within
the town.
Any person who shall solicit, as defined in this section,
whether directly or indirectly, and whether in person or through another
person or employee, and shall include such other person or employee,
and shall also include a canvasser.
A.
This chapter shall not apply to charitable or other organizations
or persons exempted from compliance with the provisions of Article
7-A of the Executive Law, to any political organization or any division,
branch, part or representative thereof or to any not-for-profit or
community service organization, such as Kiwanis, Rotary, Lions Clubs
or similar such organizations, as determined by the Town Clerk, except
in cases where said organizations function as a licensor for vendors
or other commercial operations.
[Amended 8-15-1978; 10-4-1994]
B.
This chapter shall not apply to persons engaged in the distribution
of a newspaper published at stated intervals for the purpose of conveying
news to its subscribers, buyers or readers.
C.
This chapter shall not apply to:
[Amended 10-4-1994]
(1)
Any person who keeps, maintains or operates a store, market, shop
or similar permanent place of business.
(2)
Individuals who produce handmade crafts and original items.
(3)
Any person who operates, runs or uses a cart, wagon, truck or other
vehicle for the purpose of making delivery of goods, wares, merchandise
or provisions bought or ordered within a permanent place of business.
(4)
Any person solely engaged in the business of delivering goods, wares,
merchandise or provisions for or on behalf of one or more permanent
places of business.
D.
The provisions of Article II of this chapter and § 173-3 shall not apply to the peddling of fruit, fish or farm produce by natural persons who produce such commodities, except that the exemptions contained in this subsection shall not be available to farmers or other persons who buy goods for resale as well as selling their own produce, nor shall it be available to any helper or employee of such exempt person other than a member of his immediate family.
[Amended 8-15-1978; 3-12-1991 by L.L. No. 1-1991]
Any person required by the provisions of Article 7-A of the
Executive Law of the state to register with the Secretary of State
must, whether or not otherwise required to be licensed under the provisions
of this chapter, exhibit to the Town Clerk evidence of the registration.
The Town Clerk shall keep such a record of all such persons and their
registrations as will satisfactorily identify them and describe the
nature of their activities.
No peddler or solicitor shall have any exclusive right to any
location in any street or on any public property, nor shall any peddler
or solicitor be permitted to occupy any stationary location in any
street or on any public property. No person may peddle or solicit
in any congested place or area when or where such activity may impede
or inconvenience the public or add to the congestion of such place
or area. For the purpose of this section, the judgment of any peace
officer or police officer, exercised in good faith, shall be deemed
conclusive as to the existence of congestion and as to whether the
public is impeded or inconvenienced.
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m. prevailing time, or after 1/2 hour before sunset or 7:00 p.m.
prevailing time, whichever is earlier, on any day except upon the
expressed invitation of the owner or occupant of the premises.
[Amended 10-4-1994]
A.
It shall be unlawful for any peddler to solicit or to enter or attempt
to gain entry or admission to any premises posted with any sign, the
purpose of which sign is to prevent, prohibit or avoid peddling or
soliciting thereat.
B.
It shall be unlawful for any peddler or solicitor to peddle or solicit
a permanent place of business without the express written permission
of the property owner, tenant or authorized representative of said
owner or tenant.
It shall be unlawful for any person to solicit or peddle within
200 feet of any place used or occupied as or for the purpose of a
public or private school or to permit his cart, wagon or vehicle to
stand on any street or public place within 200 feet of such school
property.
A.
It shall be the duty of all duly authorized peace officers and of
any police officer of the county to enforce the provisions of this
chapter, to make arrests or issue summonses or other legal process
for violation of the provisions of this chapter and to report to the
Town Clerk all violations observed, whether or not any criminal prosecution
is based thereon.
B.
The Town Clerk shall record all reports of violations and convictions
for violations of this chapter.
[1]
Editor's Note: Former § 173-9, Penalties for offenses,
as amended, was repealed 3-7-2023 by L.L. No. 4-2023.
