[HISTORY: Adopted by the Board of Trustees of the Village
of Cayuga Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-9-2014 by L.L.
No. 3-2014]
The purpose of this article is (a) to replace Article X of the
Articles of the Village of Cayuga Heights (the "Village") in order
to detail the requirements for vendors and solicitors to operate within
the Village, including by clarifying the registration process and
providing for fines in the event of violations, and (b) to reformat
these requirements as an article to correspond to the format of the
local laws most recently enacted by the Village. The intent of this
article shall be to contribute to the public welfare and good order
by providing certain regulations and restrictions on the time, place
and manner of operation of vendors and solicitors within the Village
of Cayuga Heights, while enabling such persons the freedom to so operate.
This article is enacted pursuant to the grant of powers to local
governments provided in § 10 of the Municipal Home Rule
Law to adopt and amend local laws not inconsistent with the provision
of the New York State Constitution and not inconsistent with any general
law relating to its property, affairs, government or other subjects
provided for in said § 10 of the Municipal Home Rule Law.
As used in this article, the following terms shall have the
meanings indicated:
One or more natural persons, corporations, limited liability
companies, partnerships, organizations, associations, societies and
all other legal entities of any kind.
The face-to-face interaction by one person with another person.
An organization, a substantial part of the activities of
which is carrying on propaganda or otherwise attempting to influence
legislation or participating in any political campaign on behalf of
any candidate for public office.
An organization granted tax exemption as such by the Internal
Revenue Service of the United States Treasury Department.
To make or seek to make personal contact with another person,
either on any public street or public place, or by going from house
to house or from place of business to place of business, on foot or
from any vehicle, for the purpose of raising funds for, supporting
the goals of or recruiting new members into a religious, charitable,
educational or political organization, or participating in a political
campaign on behalf of any candidate for public office.
A person engaged in the activity of soliciting as defined
in this article.
Any person, either as principal or agent, who, on any public
street or public place, or by going from house to house or from place
of business to place of business, on foot or from any vehicle, (1)
sells, rents, or barters, offers for sale, rent, or barter, or carries
or exposes for sale, rent, or barter any goods, wares, merchandise
or services, or (2) takes or offers to take orders for goods, wares
or merchandise or for services to be performed in the future or for
the making, manufacturing or repairing of any article or thing for
future delivery.
A.
Nothing in this article shall be applicable to:
(1)
Any sales conducted pursuant to statute or by order of any court.
(2)
Any person selling personal property at wholesale to dealers in such
articles.
(3)
Persons under the age of 18 years associated with nonprofit organizations.
(4)
An honorably discharged soldier, airman, sailor or marine who has
procured a license as provided by the General Business Law of the
State of New York.
B.
This article shall not apply so as to unlawfully interfere with interstate
commerce.
C.
Those persons who shall be exempt from the applicability of this article in accordance with Subsection A(1), (2) and (4) of this section shall, nevertheless, register in accordance with the provisions of this article with the Village Police Department at least 24 hours before engaging in any of the actions regulated under this article.
A.
It shall be unlawful for any person to act as a vendor, as defined
in this article, within the corporate limits of the Village of Cayuga
Heights without first having registered with the Village Police Department
as required herein.
B.
Any person engaged in the activity of soliciting for religious, charitable,
educational or political organizations, as defined in this article,
shall not be required to register with the Village Police Department.
Any person required in accordance with this article to register
with the Village shall file with the Village Police Department, at
least 24 hours prior to commencing such activity, a written registration
upon a form furnished by the Village Police Department. Such registration
form shall include, but shall not be limited to, the number and kind
of vehicles to be used by the person in carrying on the activities;
the kinds of goods, wares and merchandise the person desires to sell,
or rent, or the kind of service the person desires to perform; the
method of distribution; the name, address and age of the registrant;
the name and address of the person, firm or corporation he/she represents;
the length of time the registrant desires to conduct such activity;
and such other information as lawfully may be required by the Village
Police Department. Such registration shall expire on the last day
of the calendar year in which it was made and must be renewed if the
person desires to continue such activity thereafter.
No fee shall be required to register with the Village of Cayuga
Heights as a vendor.
A.
It shall be unlawful for any person to enter upon residential private
property for the purpose of vending or soliciting before the hour
of 9:00 a.m. of any day or after 8:00 p.m. or after 1/2 hour before
sunset, whichever is earlier, except upon the invitation of the owner
or occupant of such property.
B.
It shall be unlawful for any vendor or solicitor to enter or remain
upon any premises whereon there is posted, in public view, any sign
containing the words to the effect of "no peddlers," "no solicitors,"
"no agents" or other wording, the purpose of which purports to prohibit
vending or soliciting on the premises.
C.
It shall be unlawful for any person who has entered upon private
property for the purpose of vending or soliciting to leave the primary
sidewalk or entrance area of the property except upon invitation of
the owner or occupant of such property.
D.
It shall be unlawful for any person who is operating as a vendor
or solicitor to leave any pamphlet, brochure or literature on any
property, vehicle or mailbox unless permission is granted by the owner
or occupant of such property.
E.
No vendor or solicitor shall interfere with the free flow of pedestrian
or vehicular traffic.
F.
No vendor shall operate as a vendor within 200 feet of any school
property or permit any vehicle to stand on a public street within
said distance of school property.
G.
It shall be unlawful to create or maintain any booth or stand or
place any obstructions upon any public street or public place for
the purpose of selling or displaying any goods, wares or merchandise,
except as permitted by the Board of Trustees.
The Village Police Department shall maintain a record of all
persons registered as a vendor under the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who, themselves or by an agent or employee, (A) shall
act as a vendor, as herein defined, without first registering as required
hereby, or (B) shall violate any of the provisions of this article,
shall be guilty of a violation and subject to a fine of not less than
$100 and not more than $250 per offense or imprisonment of not more
than 15 days, or both such fine and imprisonment. Each day's
violation shall constitute a separate offense.
