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:
APPEALS OFFICER
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.
CHARITABLE SOLICITOR
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.
DO NOT KNOCK REGISTRY
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.
LICENSING OFFICER
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.
PEDDLER
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.
PEDDLING
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.
SOLICITING
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.
SOLICITOR
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.
TOWN
The unincorporated area of the Town of Chester.
TRANSIENT MERCHANT
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.
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.
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.