No person, firm or corporation shall hawk, peddle, sell or dispose
of any goods, wares or merchandise, food or food products or personal
property of any kind or description or engage in the business of hawking
or peddling any goods, wares or merchandise of any description within
the corporate boundaries of the Village of Fonda, including, but not
limited to, Village-owned property, docks, boat launches and parks.
As used in this chapter, the following terms shall have the
meanings indicated:
DISTRIBUTOR
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
MERCHANDISE
All goods, wares, food, meat, fish, ice cream, fruits, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvements or alterations
and anything that may be sold or distributed by peddlers, solicitors
or distributors as used herein.
PEDDLER
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
PERSON
Any individual, firm, partnership, corporation, organization,
club, association or any principal or agent thereof.
SOLICITOR
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser"
or any person who goes from door to door as described above for the
purpose of soliciting and/or collecting funds from a stationary location
on any street or other public place.
TRANSIENT MERCHANT
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
At the time of issuance of a registration certificate, a fee,
as determined by the Board of Trustees, shall be paid by the applicant
to cover the costs of investigation and the administration and enforcement
of this chapter.
Any person aggrieved by the action of the Village Clerk in the
denial of a certificate, as provided in this chapter, shall have the
right of appeal to the Board of Trustees. Such appeal shall be taken
by filing with the Board, within 30 days after the notice of the action
complained of has been mailed to such person's last known address,
a written statement setting forth fully the grounds for appeal. The
Board of Trustees shall set a time and place for a hearing on such
appeal, and notice of such hearing shall be given in the same manner
as provided in this chapter for notice of hearing on revocation. The
decision of the Board on such appeal shall be final and conclusive.
No person or license holder shall:
A. Peddle, solicit or distribute merchandise except between the hours
of 9:00 a.m. and 7:00 p.m., unless specifically having been invited
into a house by the occupant or having made an appointment with a
person previously.
B. Attempt to peddle, solicit or distribute merchandise or printed material
without first having identified himself as a peddler, solicitor or
distributor registered with the Clerk and displaying his certificate.
C. Have exclusive right to any location in the public streets or operate
in any congested area where his operations might impede or inconvenience
the public.
D. Leave at a property or house or in any public place circulars, samples
or other matter, except a newspaper, which shall be defined as a periodical
with a paid circulation of at least 90% of its total circulation,
except when handed to a person willing to accept the same.
E. Enter or attempt to enter the land of any resident in the Village
without an express invitation from the occupant of such land.
F. Conduct himself in such a manner as to become objectionable to or
annoy an occupant of any house.
G. Shout, cry out, blow a horn, ring a bell or use any sound-making
or sound-amplifying device upon any of the streets, parks or public
places of the Village or upon private premises in such a manner that
sound of sufficient volume is emitted or produced to be capable of
being plainly heard upon the streets, avenues, parks or other public
places of the Village or upon private premises thereof, for the purpose
of attracting attention to any merchandise or services.
(1) Exception: Ice cream vendors who have complied with, and met, all
other requirements of this article, Village Law, county, state and
federal laws, may:
(a)
Play music commonly used by such services;
(b)
Maintain sound levels at or below 80 decibels.
(2) By permit: Vendors may by application to the Village Board of Trustees
receive limited permission for audible devices within the corporate
limits of the Village.
H. Distribute obscene merchandise or printed material or that which
advocates unlawful conduct.
I. Litter the streets, public places or properties within the Village
with any merchandise or printed material.
J. If there is not the minimum five-foot sidewalk requirement, the area
between the sidewalk and curb may be used, provided that this area
is eight feet or greater. The sidewalk must be unobstructed for pedestrian
traffic at all times.
K. Every peddler, solicitor, distributor or transient merchant shall
take with him anything that he brought in, including removal of trash,
when the event is over or daily, whichever comes first.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation,
punishable by a minimum fine of $50 and not exceeding $500 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct violation hereunder.