This chapter is enacted pursuant to the New York State Constitution;
New York Municipal Home Rule Law § 10.
The purpose of this chapter is to preserve the public peace
and good order in the Town of Marcellus and to contribute to the public
welfare and good order of its people by enforcing certain regulations
and restrictions, which shall include registration and application
obligations on hawkers, solicitors and peddlers in order to prevent
fraud, crime and unethical and dishonest business practices within
the Town of Marcellus and to protect the residents from such conduct.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
The individual who has registered or is about to register
to act as a solicitor, peddler or hawker in the Town of Marcellus.
BUSINESS
The business carried on by a person who is a solicitor, peddler
or hawker seeking to sell merchandise, services or take orders for
such by traveling door to door and entering the boundaries of residential
areas, including multifamily buildings, condominiums and similar places
where people reside.
CANVASSER
One who attempts to make personal contact with a person at
his or her residence within the Town of Marcellus and without his
or her prior consent, to:
A.
Request or attempt to induce or persuade any person to support
a particular charitable, educational, civic, patriotic, political,
benevolent, religious or philanthropic project or cause;
B.
Seek or ask for a gift or donation for a public entity or nonprofit
organization exempt from federal income tax under 26 U.S.C. § 501(c)(3);
C.
Sell goods, wares, merchandise, tickets, articles, services,
publications, advertisements, subscriptions or things of any kind
or value, with the entire proceeds of such sale to be paid directly
to or used exclusively for the benefit of a public entity or nonprofit
organization exempt from federal income tax under 26 U.S.C. § 501(c)(3);
D.
Personally deliver a handbill or flyer advertising a future
event, activity, good or service that is noncommercial in nature or
otherwise not-for-profit.
GOODS
Merchandise of any description, including but not limited
to wares, foodstuffs and services provided to utilize goods.
HAWKER
Any person who shall engage in hawking as defined herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
HAWKING
The selling or offering for sale of any goods, wares, merchandise
or services on the street by outcry or by attracting the attention
of persons by exposing goods in a public place, or by placards, labels
or signals.
PEDDLER
Any person who shall engage in peddling, as hereinafter defined.
PEDDLING
The selling or offering for sale of any goods, wares, merchandise
or services for immediate delivery, which the person selling or offering
for sale carries with him in traveling or has in his possession or
control upon any of the streets or sidewalks or from house to house
within the Town of Marcellus.
PERSON
Any natural person, association, partnership, firm, corporation,
limited liability company, joint venture or any other form of business
organization or entity.
RESIDENCE
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure
located within the Town of Marcellus.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares, merchandise or services for future delivery; or for contracts
or orders or subscriptions of any kinds; or donations, gifts or contributions
of any kind, including money, clothing or any other valuable things,
upon any streets or sidewalks or from house to house within the Town
of Marcellus.
SOLICITOR
Any person who shall engage in soliciting, as hereinabove
defined.
TOWN
The Town of Marcellus, New York.
TOWN BOARD
The Town Board of the Town of Marcellus.
No person shall engage in soliciting, peddling or hawking within
the Town without first registering with the Town Clerk or an authorized
representative of the Town.
No registration shall be accepted under this chapter except
upon payment of the established fee to the Town Clerk. The amount
of such fee shall be established from time to time by resolution of
the Town Board.
A registration issued as provided in this chapter shall automatically
expire on January 1 following the date of issuance, but such registration
may specifically state and provide for a specific expiration date.
A registration as provided in this chapter shall not be assignable.
Any person who holds such registration who permits it to be used by
any other person and any person who uses a registration granted to
it by another person shall each by guilty of a violation of this chapter.
Every person registered pursuant to this chapter shall carry
the registration with him or her and shall exhibit the same upon demand.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except upon invitation from or an appointment with a particular
resident, no person shall engage in soliciting, peddling, hawking
or canvassing during the following times:
A. At any time on Sundays or national holidays; and
B. Before 9:00 a.m. or after 7:00 p.m. on any other day.
Notwithstanding any other provision of this chapter, no person
shall sell merchandise at any public function held in the Town or
on lands owned by the Town without first obtaining written permission
thereof from the Town Board; and the Board may, from time to time,
adopt rules and regulations concerning such sales.
The following persons are exempt from the registration requirements
of this chapter:
A. Persons 18 years of age or under engaged in selling or soliciting
the sale of goods or services for educational, nonprofit or religious
purposes.
B. Persons who act solely as canvassers within the Town of Marcellus
as defined herein.
C. Persons
seeking political office, their staff, employees and agents.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Town Clerk shall keep a record of all registrations made
under this chapter, including the number and date of each registration,
and the name, age and residence of each registered person, and the
Town Clerk shall supervise the activities of all registered persons.
If any clause, sentence, paragraph, subdivision or part of this
chapter or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision or
part of this chapter or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.