[HISTORY: Adopted by the Town Board of the
Town of Chester 8-27-1985 by L.L.
No. 4-1985; amended in its entirety 7-11-2018 by L.L. No. 4-2018.
Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddling,
Solicitation and Do Not Knock Registry Law of the Town of Chester."
This chapter amends, replaces and supersedes the former Chapter 71,
entitled "Peddling and Soliciting."
The Town Board of the Town of Chester determines that it is
in the best interest of the public to afford a just protection from
peddlers and solicitors by regulating door-to-door solicitation by
licensed sales agents; establishing a Do Not Knock Registry; and promulgating
reasonable time and manner restrictions on door-to-door solicitation,
including enforcement of the Do Not Knock Registry, and to preserve
the private property, good order, peace, health, safety, welfare and
comfort of the citizens of the Town of Chester.
As used in this chapter, the following terms shall have the
meanings indicated:
The Town Board of the Town of Chester, or its designee, responsible
for receiving the information from the Town and applicant or licensed
solicitor with respect to any denial, suspension or revocation of
a license and issuing a decision as required by this Chapter.
A person, corporation or institution engaged in the sale
of any merchandise, the proceeds of which sale shall be given in whole
or in part to a charitable and/or tax-exempt institution, which solicitation
shall include solicitation for funds without the sale of any merchandise.
A list of residential addresses in the Town of Chester, organized
alphabetically by street name, indicating those residential properties
where the owner or occupant has indicated that he or she does not
want to be solicited and does not want sales agents to enter onto
his or her property.
The Town Clerk of the Town of Chester, or other designee
of the Town Board of the Town of Chester, responsible for receiving
from an applicant or licensed solicitor the completed application
and either denying, granting, suspending or revoking the application
or license.
A person commonly referred to as a "peddler" or a "hawker,"
who goes from place to place by travelling on streets and/or from
house to house and carries with him or her goods, wares or merchandise
for the purposes of selling and/or delivering the same to purchasers.
The vending or hawking, or offering for sale, including the
itinerant transporting and/or the exposing or the offering for sale
and for concurrent delivery, in any public street or place, or the
vending or the hawking by sales calls from residence to residence
in the Town of Chester, of any goods, wares, merchandise, provisions,
groceries, meats, fish, fruits, vegetables, trees, shrubbery, potted
plants and flowers.
The soliciting upon the residential property in the Town
of Chester for the purposes of vending, peddling or soliciting purchase
orders for any merchandise, device, book, periodical or printed matter
whatsoever; or for services to be performed in the future; or for
purposes of seeking to make or facilitate a home solicitation sale;
or for purposes of conducting any consumer or other surveys; or for
soliciting alms; or for a subscription or contribution to any church,
charitable or public institution; or for the purpose of distributing
any handbill, pamphlet, tract, notice or advertising matter; or for
the purpose of selling or distributing any ticket of chance.
One who, either individually, as a principal and on his or
her own behalf, or in association with one or more other persons in
a partnership or other unincorporated business relation; a corporation;
and a person who, as an agent, officer, or employee of some other
person or persons, engaged in the act of soliciting.
The unincorporated area of the Town of Chester.
The Town Board of the Town of Chester.
The Town Clerk of the Town of Chester.
A person commonly referred to as an "itinerant vendor," who
engages or proposes to engage temporarily in merchandising personal
property within the Town of Chester and who occupies a room, building,
tent, lot or stand for the purposes of selling goods, wares or merchandise.
A.
The following are exempt from the license requirements of this chapter:
(1)
Persons specifically invited to a residence by a competent individual
prior to the time of the person's arrival at the residence;
(2)
Persons soliciting in good faith for the benefit of any bona fide
fraternal, educational, religious, or charitable organization such
as Girl or Boy Scout programs, Little League, Rotary Club, Lions Club
or like-minded civic groups soliciting for the benefit of organizations
that shall have otherwise been certified or duly qualified as required
by law or by any competent governmental body or organization;
(4)
Persons delivering goods to a residence pursuant to a previously
made order, or persons providing services at a residence pursuant
to a previously made request by a competent individual;
(5)
Students soliciting contributions to finance extracurricular social,
athletic, artistic, scientific or cultural programs; provided, however,
that the solicitation has been approved, in writing, by the school
administration and filed with the Town, and that such student solicitors
carry current picture student identification from the educational
institution for which they are soliciting;
(6)
A child regularly attending any public or private school within Orange
County;
(7)
Sales conducted pursuant to statute or vourt order; and
(8)
Persons engaged in the sale of cosmetics or household goods within
a residence; provided, however, that such sales occur solely and exclusively
within a residence by the permission of the owner thereof.
B.
All persons and organizations who are exempted from the license requirements
under this chapter shall maintain and keep records identifying all
persons soliciting funds within the Town, and such records shall contain
at least the name and address of the person soliciting, the areas
solicited and the date or dates of solicitation. Said records shall
be made available for inspection by a law enforcement authority or
other enforcement official investigating any solicitor or peddler.
A.
Unless otherwise authorized, permitted or exempted pursuant to the
terms and provisions of this chapter, the practice of being in and
upon a private residence, or property upon which a private residence
is located, within the Town by solicitors, for the purpose of home
solicitation sales or to provide goods or services is prohibited and
punishable as set forth in this chapter.
B.
It shall be unlawful for any person to solicit within the Town without first having registered with the Town Clerk and having received, and having in force and effect, a license for the same, as provided for in § 71-6 hereof, if such is required by the Town Clerk.
C.
No person shall engage in the following acts within the Town:
(1)
Promote, influence or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease of real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective buyers of real property;
(2)
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion or national origin in the area has resulted in or may
result in:
(3)
Make any representation or misrepresentation concerning the listing
for sale or the anticipated listing for sale or the sale of any real
property in any residentially zoned areas for the purpose of inducing
or attempting to induce the sale or listing for sale of other real
property in such area.
(4)
Make any representation to any prospective purchaser that any block,
neighborhood or area has, will or might undergo an adverse change
with respect to the religious, racial or ethnic composition of the
block, neighborhood or area for the purpose of discouraging the purchase
of property in a particular area.
(5)
Place, canvass or distribute any letter, sign, note, pamphlet, advertisement,
flyer, leaflet, placard or other written material to or upon a private
residence purporting an offer for sale or purchase for any property
that is not in fact offered for sale by the owner of said property.
(6)
Advertise for sale or rental property which is nonexistent or which
is not actually for sale or rental.
(7)
Engage in or hire or conspire with others to commit acts or activities
of any nature, the purpose of which is to coerce, create or play upon
unjustified fear with the purpose of inducing or attempting to induce
the sale or listing for sale of real property.
(8)
Solicit or canvass any person whose name and property address is
included on the list maintained by the Town Clerk of persons requesting
that they not be canvassed or solicited, or to solicit or canvass
any occupant of a residence displaying a "No Solicitation" notice
or sticker.
(9)
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
(10)
To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this chapter or to obstruct or prevent
any person from complying with the provisions of this chapter.
(11)
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
(12)
Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupant of such real property the name of the person
or organization soliciting such sale, rental or listing.
(13)
Solicit on sidewalks.
(14)
Maintain any booth or stand, or place any barrels, boxes, crates
or other obstruction upon any street, sidewalk or public place for
the purpose of conducting business without the express advanced approval
of the Code Enforcement Officer or the Town Board.
(15)
Willfully misstate any fact about any article offered for sale.
(16)
Willfully offer for sale any article of an unwholesome or defective
nature.
(17)
Call attention to goods by blowing a horn, ringing a bell, other
than a house doorbell, by shouting or crying or by any loud or unusual
noise, except that peddlers of ice cream and ice cream products for
immediate consumption are exempted from the foregoing prohibition
of the use of a bell.
(18)
Frequent any street, sidewalk or public place so as to cause a private
or public nuisance.
(19)
Fail to keep any vehicle or receptacle used by him in his licensed
business in a sound, clean and/or sanitary condition.
(20)
Fail to keep any edible articles offered for sale well-protected
from dirt, dust and insects.
(21)
Fail to deliver to every person to whom a sale is made or from whom
an order is taken a legibly written receipt, signed and dated by the
licensee, setting out the total price, a description of the goods
or services sold or rendered and a statement of any payment received
by the licensee.
(22)
Fail to leave the premises promptly upon request of any occupant
of such premises.
(23)
Solicit or sell during hours other than between the hours of 9:00
a.m. and 7:00 p.m.
(24)
Conduct business in a Town right-of-way or on Town property.
(25)
Conduct activities in such a manner as to interfere with the pedestrian
or vehicular use of the public streets and places.
(26)
Cause or permit the public streets and places to be littered with
papers, wrappings or other debris or refuse.
(27)
Conduct business within 100 feet of a street intersection.
D.
All solicitors shall immediately move from a location if so ordered
by any police officer or Town officer on grounds that the location
is unsafe. Refusal to obey such order shall be grounds for suspension
or revocation of the license. Such order may be appealed to the Town
Board in the manner set forth herein.
A.
No solicitor shall intentionally make any materially false, fraudulent
or otherwise misleading statement in the course of soliciting.
B.
A solicitor shall immediately disclose to the consumer during face-to-face
solicitation the following information:
C.
The requirements of Subsection B of this section may be satisfied through the use of a badge and informational flyer.
D.
No solicitor shall use a fictious name, an alias or any name other
than his or her true and correct name.
E.
No solicitor shall represent, directly or by implication, that the
granting of a license implies any endorsement by the Town of the solicitor's
goods or services or of the individual solicitor.
F.
The provisions of this section shall also apply to solicitors who
are exempt from licensing requirements pursuant to the provisions
of this chapter.
A.
A Do Not Knock Registry shall be established and maintained by the
Town Clerk's office. Residents may submit their property addresses
for inclusion on this list by submitting a form, the contents of which
shall be approved by the Town Board. This form shall be made available
to the public at the Town Clerk's office. The Do Not Knock Registry
shall be updated quarterly and the updated registry shall be provided
to the Town of Chester Police Department on a quarterly basis.
B.
Any resident who has requested to register their property address
on the Do Not Knock Registry shall be able to purchase from the Town
Clerk's office, for a nominal fee, a sticker for display at the
premises, indicating enlistment on the Do Not Knock Registry. Display
of this sticker shall be on or near the main entrance door of the
residence. The display of such sticker shall constitute notice to
any solicitor that the inhabitant of the residence does not desire
to receive and/or does not invite solicitors.
C.
Upon approval and issuance of a license for solicitation as provided
for in this chapter, each licensed solicitor shall be provided with
a copy of the Do Not Knock Registry. The licensee shall not solicit
at any premises identified in the most current registry.
Unless otherwise exempt under this chapter, all persons, corporations
or institutions desiring to engage in door-to-door solicitations within
the Town, prior to doing so, shall file with the Town Clerk an application,
in a form to be determined by the Town Board, upon which the applicant
shall give such information under oath as the application may require.
Licenses shall be issued in a form prescribed by the Town Board and
a record thereof shall be kept by the Town Clerk. Any false statement
made on any application shall be grounds for denial or revocation
of the license.
A.
A license fee for peddlers shall be $2 per day or $10 per week or
$15 per month.
B.
The license fee for transient merchants shall be the sum of $45 for
the period of three months or any portion thereof.
C.
No license shall be required for a charitable solicitor's license.
Upon an application duly made in accordance with the provisions of
this chapter for the same, the Town Clerk shall issue an annual license
to any charitable solicitor seeking the same, provided that the charitable
solicitor has an office or a residential address within the Town,
including the incorporated area of the Town. Such annual license shall
be issued on a calendar-year basis and will be subject to all of the
provisions contained in this chapter.
A.
A license may be denied, suspended or revoked by the Town Board upon
the following conditions:
(1)
Any violation of the terms of such license;
(2)
Information submitted by the applicant is found to be incomplete
or incorrect;
(3)
Since submission of the application, the applicant is subject to
a previously undisclosed or unknown disqualifying status;
(4)
Failure to remit the requisite payment of fees;
(5)
Since the submission of the application, the Town has received a
substantiated report regarding past or present conduct of the applicant;
(6)
Since the submission of the application, the Town or other governmental
entity has either criminally convicted or obtained a civil injunction
against the applicant for violating this chapter or similar federal,
state or municipal laws in a manner rising to the level of disqualifying
status; or
(7)
Since the submission of the application, a final civil judgment has
been entered against the applicant indicating that the applicant had
either engaged in fraud or intentional misrepresentation or that a
debt of the applicant was nondischargeable in bankruptcy pursuant
to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6) or (a)(19).
B.
The action of the Town Board shall be made at a regular or special
meeting of the Town Board upon notice to the applicant or holder of
the license.
C.
The Town shall cause written notice to be mailed to the applicant
or holder of such license, at the address as set forth in the application,
at least three days prior to the regular or special meeting at which
such denial, suspension or revocation of license is to be so considered.
In the event that the Town deems it necessary to shorten the three-day
period, personal service upon the applicant or holder or the license
of a written notice of the Town Board meeting to be held less than
three days from the date of the notice shall be deemed sufficient.
D.
The applicant or holder of the license shall have the right to be
heard at the Town Board meeting at which such denial, suspension or
revocation is to be considered.
A.
An applicant or licensed solicitor whose license has been denied,
suspended or revoked shall have the right to appeal to the Town Board
or its designee. Any appeal must be submitted by either the applicant,
the responsible person or entity, or legal counsel for either who
documents the relationship with the applicant or responsible person
or entity or is licensed, or is authorized by the State of New York
to do so and makes the assertion of an agency relationship.
B.
Any appeal must be submitted, in writing to the Town Clerk, with
a copy to any Licensing Officer, within 10 business days of the decision
from which the appeal is taken. Such appeal shall describe in detail
the nature of the appeal, the action complained of and the grounds
for appeal.
C.
Upon the request of the applicant or licensed solicitor, within one
business day, the Town will make available any information upon which
it relied in making the determination to either deny, suspend or revoke
the license.
D.
The Appeals Officer of the Town shall review, de novo, all written
information submitted by the applicant or licensed solicitor to the
Licensing Officer, any additional information relied upon by the Licensing
Officer as the basis for denial, suspension or revocation, and any
additional information supplied by the Town, applicant or licensed
solicitor. Any additional information submitted by any party to the
appeal shall be simultaneously submitted to the opposing party. If
desired, any party shall have three business days to submit rebuttal
documentation to the Appeals Officer regarding the additional information
submitted by the opposing party.
E.
The Appeals Officer of the Town will render a decision no later than 15 calendar days from the date the appeal was taken, unless an extension of time is agreed upon by the parties. In the event that any party to the appeal submits a rebuttal as allowed in Subsection D of this section, 15 calendar days shall be extended to include the additional three days for rebuttal.
F.
The denial, suspension or revocation shall be reversed upon appeal
if the Appeals Officer of the Town finds that the Licensing Officer
made a material mistake of law or fact in denying the application
or suspending or revoking the application or license.
G.
If the written appeal and information submitted indicates that the
Licensing Officer properly denied the application or suspended or
revoked the license, the denial, suspension or revocation shall be
affirmed and will constitute a final denial, suspension or revocation.
H.
After the ruling of the Appeals Officer, the applicant or licensed
solicitor shall be deemed to have exhausted all administrative remedies
within the Town.
I.
Nothing herein shall impede or interfere with the applicant's
or solicitor's, or Town's right to seek relief in a court
of competent jurisdiction.
Any person, corporation or institution violating any of the
provisions of this chapter shall be punished by a minimum fine of
$2,500 to a maximum fine of $5,000 in the first offense; a minimum
fine of $5,000 to a maximum fine of $7,500 for a second offense within
two years of a prior conviction; and a minimum fine of $7,500 to a
maximum fine of $10,000 for a conviction of a third offense within
two years of a prior conviction, and/or a jail sentence not to exceed
15 days. These penalties and fines may be amended from time to time
by resolution of the Town Board at the annual reorganizational meeting.
In addition, the Town Board shall have the right to apply for and
secure injunctive relief against any person, corporation or institution
found to have violated the provisions of this chapter.
Any police department with jurisdiction in the Town of Chester
and/or the Town Code Enforcement Officer or other enforcement official
as may be designated by the Town Board is charged with enforcing the
provisions of this chapter and shall have the power, right and authority
to issue an appearance ticket for the violation of any of the provisions
of this chapter.
