As used in this chapter, the following terms shall have the
meanings indicated:
PEDDLER
Any person, either principal or agent, who in any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house, whether on foot or from any animal or vehicle,
delivers or distributes advertising matter, literature, pamphlets,
samples or handbills, or sells, or offers for sale, barter or exchange,
any goods, wares, merchandise, service or any other article or thing
whatsoever, either in his possession or not in his possession, either
for immediate or future delivery.
PERSON
A natural person, corporation, partnership, association,
joint stock company, society or any other entity of any kind.
SOLICITOR
Any person, either principal or agent, who, in any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house requests or accepts a contribution.
A peddler or solicitor acting as such within the Town of Chatham
shall first obtain a permit therefor as provided in this chapter.
Such permit shall be revoked automatically upon conviction of
a crime or violation of this chapter and is subject to cancellation
or suspension. Upon the refusal of the Town Clerk to issue a license
to any applicant, the procedure prescribed in § 137 of the
Town Law shall be complied with. When a license shall be revoked,
no refund of any unearned portion of the license fee shall be made.
Notice of such revocation and the reason therefor in writing shall
be served by the Town Clerk upon applicant or by mailing the same
to the address given in the application, and a copy of such notice
shall be filed with the Town Clerk.
The fee per person for a peddler's or solicitor's
permit shall be set by the Town Board from time to time.
Permits issued pursuant to this chapter shall expire 30 days
from the date of issuance of said permit.
Except as otherwise provided herein, the following transactions
shall be exempt from the provisions of this chapter, except those
provisions relating to the hours of solicitation:
A. Peddling or soliciting for a charitable organization.
B. Peddling or soliciting by a political party or a political candidate.
C. The peddling of milk or farm produce by farmers who produce such
commodities.
D. The delivery of food, goods, wares, merchandise, magazines, periodicals,
produce, services or other commodities previously ordered by the occupant
of the premises to which the same is delivered or on which the services
are to be performed.
E. The delivery of newspapers.
F. The sale of newspapers from a coin-operated vending machine.
G. The delivery of advertising matter, literature, pamphlets, samples
or handbills by representatives of the United States government, or
the government of the State of New York, or some political subdivision
thereof carrying out his regular duties.
No permit shall be issued under this chapter to any person under the age of 18 years. However, persons under the age of 18 years may peddle or solicit in connection with exempt transactions as defined in §
99-7 of this chapter.
No permit shall be transferable from one person to another.
Within the Town of Chatham, soliciting or peddling shall be
prohibited before the hour of 9:00 a.m. or after the later of (a)
8:00 p.m. or (b) 1/2 hour after sunset.