[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 6-11-2019 by L.L. No. 8-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 208, Peddling, Hawking and Soliciting, adopted 5-13-2008
by L.L. No. 3-2008, as amended.
This chapter shall be entitled the "Peddling, Hawking and Soliciting
Law of the Town of Clarkstown."
Prior to the adoption of this chapter, the Town Board received
numerous complaints from residents who expressed concern for their
safety, from unwanted intrusions of their privacy in their homes and
from fraudulent, unethical and dishonest business practices by uninvited
and unwanted commercial peddlers, solicitors and others at all hours
of the day and night. The Town Board was advised by the Chief of Police
that he was aware that criminals approach residences and knock on
the door in order to attempt to gain entry to residences then or at
some other time under the pretext of being a peddler, solicitor or
a person conducting some other legitimate activity and by doing so
they are able to commit crimes against persons and property. The Town
Board recognized that it has a substantial governmental interest in
protecting the safety and privacy of its residents in their homes,
and protecting residents from fraudulent activities of itinerant sellers,
hawkers and solicitors of orders for sale. Prior to adopting this
chapter, the Town Board received input from residents, commercial
solicitors and others and has considered the experience of other communities
in order to formulate a local law that will directly advance the preservation
of the peace, health, safety, welfare and good order of the Town and
its inhabitants without being more extensive than necessary to serve
this interest.
In order to promote the peace, comfort, safety and well-being
of the inhabitants of the Town of Clarkstown and to protect these
inhabitants from unwanted intrusions upon the privacy of their homes
and home lands, and from crime and fraud, the practice of going in
and upon private lands and residences in the Town of Clarkstown by
solicitors, peddlers, hawkers, itinerant merchants or transient vendors
of merchandise, not having been requested or invited so to do by the
owner or owners, occupant or occupants of such private lands or residence,
for the purpose of soliciting orders on a commercial basis, for the
sale of goods, wares and merchandise, and/or selling commodities or
services and/or disposing of and/or peddling or hawking the same is
declared to be a violation of this chapter.
No person shall by foot, animal, vehicle or other means go in or upon any private land or residence within the Town of Clarkstown for the purpose of soliciting an invitation or request for any of the purposes set forth in § 208-3 hereof.
The fact that an owner or occupant has failed to post any sign or notice prohibiting solicitors or others from entry on his premises shall be construed as an invitation under § 208-3 hereof.
A.
No person shall engage in the business of selling or attempting to
sell or solicit orders for the sale of any property or any services
on any public street or public place.
B.
No person shall hawk, peddle or vend goods, wares or merchandise,
or commodities or services, nor shall any person canvass or solicit
subscriptions or orders for immediate or future delivery of any such
goods, wares, merchandise or services within the Town of Clarkstown,
without first having obtained a license therefor upon written application
to the Town Clerk. Additional authorization may be required in certain
locations under private ownership.
A.
This chapter shall not apply to:
(1)
The holder of a license granted pursuant to § 32 or § 35
of the General Business Law of the State of New York.
(2)
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Town.
(3)
Any person selling goods, wares, commodities or services regularly
to those who are his established customers, patrons or purchasers.
(5)
Activities which are regulated by the New York State Insurance Law.
B.
All persons and organizations who are exempted from the license requirements of § 208-7 of this chapter or not required to obtain a license under this chapter shall maintain and keep records identifying all persons selling, attempting to sell, or soliciting funds within the Town, and such records shall contain at least the name and the address of such person, the area in which such person sold or solicited and the date or dates of such sales or solicitation. Said records shall be made available for inspection by the Chief of Police upon request.
The application fee for such license shall be in an amount set
by resolution of the Town Board and may be amended from time to time.
It shall be paid by each person to be licensed hereunder, and said
fee, payable to the Town Clerk, shall be applied to the cost of processing
the license applications and otherwise enforcing and effectuating
the objectives of this chapter.
Every applicant for a license shall submit to the Town Clerk
a written verified application, blank forms of which are available
from the Office of the Town Clerk. A license may be taken out only
by an individual and not in the name of a firm, corporation, association,
club or other group or business entity. Said application shall include,
but not be limited to, the following information:
A.
The name and the residence address of the applicant.
B.
The applicant's date of birth, height, weight, color of eyes
and color of hair.
C.
The applicant's motor vehicle operator's license ID number.
D.
The name and address of the applicant's employer or, if self-employed,
the applicant's business name and address.
E.
The applicant's place or places of residence for the past five
years.
F.
The applicant's business or businesses for the past five years
with address or addresses.
G.
Three photographs, two inches by two inches, of the applicant taken
not more than 60 days prior to the date of filing of the application,
showing the full face and shoulders of the applicant.
H.
Whether or not the applicant has ever been convicted of a felony,
misdemeanor or violation of any municipal ordinance (other than traffic
violations), and if so, a statement setting forth in each instance
the offenses, in what courts and a description of the sentences imposed.
I.
Whether any license previously issued to the applicant for hawking,
peddling or soliciting for orders was ever revoked, and if so, a statement
setting forth in each instance the license authority, the date of
revocation and the reason therefor.
J.
If the applicant is employed by or under contract with another person,
firm or corporation, the name and address of such person, together
with appropriate evidence of the employment or contract and the applicant's
relationship and authority to represent the person.
K.
If the applicant proposes to use or operate a vehicle in connection
with these proposed activities in the Town of Clarkstown, a description
of the vehicle, together with registration data thereof, and the operator's
license number of the person operating the vehicle.
L.
A brief description of the goods, wares, merchandise or services
proposed to be sold, offered for sale or disposed of, the place of
production, manufacture, publication or printing thereof, as the case
may be, and the place from which any such goods, wares, merchandise
or services are proposed to be forwarded to a prospective vendee within
the Town of Clarkstown.
A.
When the application is properly completed and signed by the applicant,
the original and duplicate thereof shall be filed with the Town Clerk,
and within two business days the Town Clerk shall refer the original
to the Chief of Police, who shall make or cause to be made such investigation
as is necessary to determine whether the applicant is satisfactory
and advise the Town Clerk of his determination. The Town Clerk shall
refuse to process an incomplete license application.
B.
If, as a result of such an investigation, the applicant is found
to be unsatisfactory, the Chief of Police shall endorse on such application
his disapproval and his reasons therefor and shall return said application
to the Town Clerk within five business days following the receipt
of the referral. Any determination by the Chief of Police that an
application is unsatisfactory shall only be based on one or more of
the following findings with respect to the applicant:
(1)
The applicant is a New York State Level 3 sex offender or is the
subject of an order of protection.
(2)
Conviction of a crime involving moral turpitude, burglary or violence.
(3)
The applicant is wanted by a law enforcement authority.
(4)
Prior violation of a peddling or soliciting ordinance or law.
(5)
Previous fraudulent acts or conduct.
(6)
Record of breaches of solicited contracts.
(7)
The application reveals a material misrepresentation of fact.
C.
In the absence of any such finding, the Chief of Police shall find
the application satisfactory, shall endorse his approval on the application
and shall return the application to the Town Clerk within five business
days following the receipt of the application.
A.
If an application is found unsatisfactory by the Chief of Police
and he has endorsed his disapproval upon the application, within two
business days, the Town Clerk shall notify the applicant, by certified
mail or personal service, that the application is disapproved and
shall deny the applicant a license.
B.
If an application is found satisfactory by the Chief of Police and
he has endorsed his approval upon the application, within two business
days, the Town Clerk shall notify the applicant, by certified mail
or personal service, that the application is approved and, upon receipt
of the fee, the Town Clerk shall grant the applicant a license specifying
the particular business authorized. This license shall be nontransferable
and will be valid for a period until the end of the calendar year
that it was issued. It shall be in the continuous possession of the
licensee while engaged in the business licensed. The license shall
be produced upon the demand of any police officer or Code Enforcement
Officer and shall be exhibited to each prospective buyer or person
solicited before making any offer or solicitation.
C.
Where an organization has several agents peddling, soliciting or
distributing merchandise or printed material, each agent shall be
registered separately, and each shall pay the appropriate fee. Upon
the expiration of a license, a new license will be issued upon compliance
with all the provisions of this chapter and the payment of fees.
A license shall be issued only to and in the name of a natural
person. Every such license shall be personal to the licensee and shall
not be transferable.
A license shall be valid to and including the 31st day of December
in the same calendar year as the date of the license, unless previously
suspended or revoked as provided by law.
The Town Clerk shall keep a record of all applications, of all
licenses issued in accordance with this chapter and the date of revocation
of all licenses revoked.
The Town Clerk shall supply badges to licensed hawkers, peddlers
and solicitors. Such badges shall not be transferred or assigned.
A picture of the applicant/licensee shall appear on the badge with
the Town Seal imprinted on same. On expiration of the license, the
licensee shall surrender his badge to the Town Clerk. It shall also
be unlawful for any person to wear or have in his possession such
badge unless the license is issued. Such licensee, while exercising
his license, shall wear the badge, as provided, fully visible on the
front of his outermost garment. A deposit for the badge will be set
in the schedule of fees by the Town Board. The deposit will be returned
upon the return of the badge at the expiration of the license.
No licensee shall use duress or abusive language, not in any
manner harass or intimidate, any occupant or owner of a residence
during the course of any solicitation. Each licensee shall, regardless
of whether he shall have a prior express invitation or not, exhibit
his license to the owner or occupant prior to entry in or upon a residence,
whether or not required to do so by such owner or occupant.
A licensed person shall:
A.
Not willfully misstate any fact about any article or service offered
for sale.
B.
Not willfully offer for sale any article of an unwholesome or defective
nature.
C.
Not call attention to his goods by blowing a horn, by 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.
D.
Not frequent any street, sidewalk or public place so as to cause
a private or public nuisance.
E.
Keep any vehicle or receptacle used by him in his licensed business
in a sound, clean and sanitary condition.
F.
Keep any edible articles offered for sale well protected from dirt,
dust and insects.
G.
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 ordered and a statement of any payment received by the licensee.
H.
Not enter upon any residential premises clearly displaying a sticker
provided by the Town or any sign with letters at least one inch in
height reading PEDDLERS AND SOLICITORS PROHIBITED, NO TRESPASSING,
DO NOT KNOCK, or similar language.
I.
Leave all premises promptly upon request of any occupant of such
premises.
J.
Permit any vehicle from which products are sold to stand or remain
for more than 10 minutes on the same street or place.
Notwithstanding any other provisions of this chapter to the
contrary, no person shall hawk, peddle or vend or solicit orders for
any goods, wares, merchandise or services within the Town of Clarkstown
before the hour of 9:00 a.m. or after 9:00 p.m., or at any time on
Sundays.
A.
Any owner or occupant of property located in the Town who wishes
to prohibit soliciting on the premises shall complete a form available
in the Town Attorney's office and on the Town's website.
The completion of the form will allow the owner/occupant's premises
to be included on a list of properties that do not permit solicitation
(herein referred to as the "Do-Not-Knock Registry" or "registry").
Stickers prohibiting solicitation may be obtained from the Office
of the Town Attorney.
B.
In order to be removed from the registry, the owner and/or occupant
must complete a form indicating that he/she does not want his/her
property to be included on the registry.
C.
All solicitors shall obtain the current Do-Not-Knock Registry from
the Town Clerk at the time of issuance of a permit or at the time
of registration to solicit pursuant to the provisions of this chapter.
The Office of the Town Attorney shall provide the Town Clerk with
the latest registry.
D.
Solicitors shall not solicit at any premises identified on the then-current
Do-Not-Knock Registry, or at any premises displaying a sign or sticker
prohibiting soliciting, trespassing or knocking.
E.
It shall be the responsibility of the solicitor to obtain updated
copies of the registry from the Town Clerk or from the Town's
website and carry it with them while engaging in soliciting activities.
If a copy of the current Do-Not-Knock Registry is obtained from the
Town Clerk, payment of a copying fee will be required.
F.
Activities related to a service requested by the owner or occupant
of the property and undertaken in the ordinary course of business,
including, but not limited to, deliveries of utility notices, telephone
directory deliveries, regular newspaper deliveries, work order notices
and service inquiries, are presumed to be requested or invited for
the purpose of this section.
G.
Nothing in this section shall be construed to prohibit the distribution
of leaflets, pamphlets or other literature, such as commercial, political
or religious material, distributed in a lawful manner, nor shall it
limit the activities of entities with whom the Town of Clarkstown
presently has a franchise agreement, in force at the time of the passage
of this section, for the current duration of said franchise agreements.
Any police officer or Code Enforcement Officer of the Town of
Clarkstown with the authority to issue appearance tickets may require
any person peddling, hawking, vending or soliciting, and who is not
known by such officer to be duly licensed, to produce his license,
and any Police Officer or Code Enforcement Officer shall enforce the
provisions of this chapter against any person found to be violating
the same.
The Chief of Police or the Town Attorney shall report to the
Town Clerk all convictions for violation of this chapter. The Town
Clerk shall maintain a record for each license issued and record the
reports of violations therein. No person shall be entitled to apply
for a license under this chapter who shall have been previously convicted
of a violation of this chapter.
Whenever the Town Clerk shall have probable cause to believe that any person to whom a license has been issued under this chapter has violated any of the provisions of this chapter or that any promoter, agent or solicitor of a permit holder has misrepresented the purpose of the solicitation, the Town Clerk shall immediately suspend the license temporarily and give the license holder written notice, by certified mail, of a hearing to be held within two days of such temporary suspension to determine whether or not the license should be suspended. This notice must contain a statement of the facts upon which the Town Clerk has acted in suspending the license. If, after such hearing, the Town Clerk finds that the chapter has been violated and the purpose of the solicitation has been misrepresented, he or she shall, within two days after the hearing, suspend the license and give the applicant written notice of the suspension and the reasons therefor. Such suspension shall be appealable to the Town Board in the manner set forth in § 208-24 of this chapter, except that the Town Clerk shall bear the burden of proof. Any conviction of the license holder, his employees, agents or representatives of a violation of any provision of this chapter shall be prima facie grounds for suspension.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Town Board after notice and hearing for any of the following
causes:
(1)
Fraud, misrepresentation or a materially incorrect statement contained
in the application for a license.
(2)
Fraud, misrepresentation or a materially incorrect statement made
in the course of carrying on the business of solicitor, peddler, distributor
or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime, misdemeanor or violation.
(5)
Conducting the business of peddler, solicitor, distributor or transient
merchant in an unlawful manner or in such manner as to constitute
a breach of the peace or to constitute a menace to the health, safety
or general welfare of the public.
B.
A notice of the hearing for the revocation of a license shall be
given by the Town Clerk, in writing, setting forth specifically the
grounds of complaint and the time and place of the hearing. Such notice
shall be mailed, postage prepaid, to the holder of the license at
the address given on the application at least five days prior to the
date set for the hearing or shall be delivered by an agent of the
Town in the same manner as a summons at least three days prior to
the date set for the hearing.
Any person aggrieved by the action of the Chief of Police or of the Town Clerk in the denial of a license, as provided in § 208-11 of this chapter, shall have the right of appeal to the Town Board. Such appeal shall be taken by filing with the Board, within 14 days after the notice of the action complained of has been mailed to such person's last-known address, a written statement setting forth fully the grounds for such appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given in the same manner as provided in § 208-22 of this chapter for notice of hearing on revocation. The decision of the Town Board on such appeal shall be final and conclusive.
Any person found guilty of a violation of any provision of this
chapter shall be punished by a fine of up to $2,500. Any person found
guilty of a second offense of any provision of this chapter within
18 months of the date of the first conviction shall be punished by
a fine of not less than $2,500 and not more than $5,000. Any person
found guilty of a third offense of any provision of this chapter within
18 months of the date of the second conviction shall be punished by
a fine of not less than $7,500 and not more than $10,000. Any person
found guilty of a fourth or subsequent offense of any provision of
this chapter within 18 months of the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued,
a separate and distinct violation hereunder.
The provisions of this chapter are hereby declared to be severable.
If any provision, clause, sentence or paragraph of this chapter or
the application thereof to any person, establishment or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this chapter.
