[HISTORY: Adopted by the Town Board of the Town of Chatham 11-19-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Application and License for Peddling and Soliciting
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.
A. 
A permit under this section shall only be issued to a natural person. Each natural person desiring a permit shall submit an application therefor. An application to act as peddler or solicitor in the form prescribed by the Chatham Town Clerk shall be in substantially the same form annexed hereto.[1] The applicant, at the time of executing such application, shall also submit identification reasonably satisfactory to the Chatham Town Clerk which shall include a photograph identification and a specimen of the applicant's signature.
[1]
Editor's Note: Said application form is included as an attachment to this chapter.
B. 
The Chatham Town Clerk shall approve or disapprove the application within seven days of the receipt thereof. The denial of any application shall specify the reason therefor. Such reason must relate to the protection of the public safety, health, morals or general welfare of the residents of the Town. The Chatham Town Clerk shall deny an application by any person who shall have been convicted of any crime or of any violation of 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.
A. 
Any violations by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine and shall be prosecuted by the Town Code Enforcement Officer or his/her designee. Upon conviction of a violation hereunder for the first offense a minimum fine shall be imposed of at least $100; for second offense a minimum fine of at least $200; and for each subsequent offense a minimum fine of $300.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.