[HISTORY: Adopted by the Town Board of the Town of Rye 3-17-1970. Amendments noted where applicable.]
[Amended 3-16-1971; 10-23-1979]
A.
No person shall enter upon private residential property in the Town
of Rye for the purpose of vending, peddling or soliciting orders for
any merchandise, device, book, periodical or printed matter whatsoever;
nor for the purpose of soliciting alms or for a subscription or contribution
to any church, charitable or public institution whatsoever; nor for
the purpose of conducting consumer or other surveys whatsoever; nor
for the purpose of distributing any handbill, pamphlet, tract, notice
or advertising matter; nor for the purpose of selling or distributing
any ticket or chance whatsoever, without compliance with the following
registration requirements.
B.
Any person who intends to solicit or perform an act above described
shall, at least 10 days before the performance of said solicitation
and/or act, register with the Police Department of the Town of Rye
and provide the following information, together with proof of identity:
C.
This chapter is enacted pursuant to the police power of the Town
of Rye and in order to protect the citizens of the Town against crime
and preserve the private property, peace and comfort of the occupants
or private residences in the Town.
D.
A person who violates any of the provisions of this section, upon
conviction thereof, shall be guilty of a violation as defined in the
Penal Law of the State of New York and shall be punished by a sentence
to pay a fine in an amount fixed by the Court in accordance with the
fines as allowed by the Penal Law of the State of New York and for
such punishment as is permitted under the Penal Law of the State of
New York.
A.
An applicant
for permission to solicit orders hereunder shall complete an application
blank provided by such Police Department, which application blank
shall contain the following information:
(1)
The name, home address and local address, if any, of the applicant.
(2)
A physical description of the applicant, setting forth the applicant's
age, height, weight and color of hair and eyes.
(3)
The name and address of the person, firm or corporation for whom
or through whom orders are to be solicited or cleared.
(4)
The nature of the foods, wares or merchandise for which orders are
to be solicited.
(5)
A statement as to whether the applicant has been convicted of any
crime and, if so, the nature of the crime.
(6)
A statement as to the period during which the applicant intends to
solicit orders.
(7)
Each applicant shall provide the Town of Rye with a surety bond in
the amount of $1,000, and said bond shall actually be filed with the
Town Clerk of the Town of Rye prior to the issuance of the license.
(8)
A statement that the applicant is a citizen of the United States
and a bona fide resident of the Town of Rye for a period of at least
six consecutive months last past or has maintained a place of business
in the Town of Rye for a period of at least six consecutive months
prior thereto, or his duly authorized representative who shall also
meet the aforementioned resident requirements and has never been convicted
of any crime or misdemeanor involving moral turpitude or any violation
of this chapter.
[Added 3-16-1971]
B.
The applicant, at the time of executing such application blank, shall
also submit identification satisfactory to the Police Department which
shall contain a specimen of the applicant's signature and a photograph
which shall be of head and shoulders and a minimum of two by two inches
and having been taken within 18 months of the date of application.
C.
Applicant shall also have his fingerprints taken by the Police Department
of the Town of Rye, and the Police Department shall forward these
prints to state and federal authorities. No permit shall be issued
until the prints are returned and found to be satisfactory by the
Police Chief.
A.
Upon compliance by the applicant with the provisions of § 50-2 hereof, the Police Department shall thereupon stamp the credentials, shall set forth the name and address of the applicant and of his employer, if any, the nature of the goods, wares or merchandise for which orders are to be solicited, and the period during which the applicant may solicit orders, which shall not exceed one year; provided, however, that the Police Department shall not be required to grant such permission to any person who shall have been convicted of any crime or misdemeanor involving moral turpitude or of any violation of the ordinance.
B.
Soliciting within the Town of Rye, outside the Incorporated Village
of Port Chester or Incorporated Village of Mamaroneck, County of Westchester
and State of New York, hereinbefore referred to, shall be permitted
only after the issuance by the Town Clerk upon payment of the following
license fee applicable:
[Added 3-16-1971]
Stamped credentials, which shall include applicant's photograph
to be carried on his person, shall be nontransferable and shall entitle
the holder thereof, for the period indicated therein, unless revoked,
to solicit orders within the unincorporated area of the Town of Rye
for the purchase of the goods, wares or merchandise specified in his
application, provided that the holder shall have his stamped credentials
in his possession at all times while soliciting orders and shall exhibit
the same at any time upon request by any police officer of the Town
of Rye or any purchaser or prospective purchaser.
Any person soliciting within the unincorporated area of the
Town of Rye, whether or not required to register under the provisions
of this chapter, shall conform to the following regulations:
A.
The solicitor shall conduct himself at all times in an orderly and
lawful manner.
B.
The solicitor shall give a written receipt for all orders taken within
the unincorporated area of the Town of Rye, which receipt shall be
signed by the solicitor and shall set forth a brief description of
goods, wares or merchandise ordered, the total purchase price thereof,
and the amount of the down payment received by the solicitor from
the purchaser.
This chapter shall not apply to salesmen selling goods to retail
or wholesale stores for resale. Any person who has, and has had for
the preceding 12 months, a regular place of business within the unincorporated
area of the Town of Rye, and any person employed by or soliciting
for any person, firm or corporation that has, and has had for the
preceding 12 months, a regular place of business within the unincorporated
area of the Town of Rye, shall not be required to register before
soliciting orders, but all other provisions of this chapter shall
apply to such persons.
The Chief of Police may appoint any person or persons as agent
or agents of the Police Department to perform the clerical functions
of registering solicitors under this chapter, provided, however, that
such agent or agents shall not receive any compensation from the Town
and shall not refuse to stamp the credentials of any solicitor except
upon the direction of the Chief of Police or some member of the Police
Department designated by him, and the cancellation of the Department's
stamp shall be effected only by the Chief of Police or by some member
of the Police Department designated by him.
All ordinances, or parts of ordinances, heretofore adopted by
the Councilmen of the Town of Rye, conflicting with or inconsistent
with the provisions of this chapter, are hereby repealed.
[Amended 3-16-1971]
A.
The violation of any of the provisions of this chapter, or the making
of any false statements or misrepresentations of facts for the purpose
of obtaining permission to solicit orders, is hereby declared to be
disorderly conduct, and any person violating this chapter, or any
provision thereof, shall be and is hereby declared a disorderly person.
B.
Any person violating any of the provisions of this chapter or making
any false statements or misrepresentations of fact for the purpose
of obtaining permission to solicit orders shall, upon conviction thereof,
and in addition to other penalties provided by law, be subject to
a fine not to exceed $100, each solicitation or sale being deemed
a separate offense, and pending trial therefor the Police Department
may suspend such permission to solicit. Upon any registered person
being convicted of any crime under this chapter or involving moral
turpitude, the stamped credentials of such person shall be delivered
to the Police Department and said Department's stamp thereon shall
be canceled, and such person shall not thereafter solicit orders in
the unincorporated area of the Town of Rye without registering.
This chapter shall become effective 10 days after publication
and posting thereof as required by law.
