[HISTORY: Adopted by the Board of Trustees of the Village
of Dryden 1-24-1996 (Sec. 20206
of the 1996 Code); amended in its entirety 8-18-2011 by L.L. No. 5-2011. Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Persons making, by their own hand and labor, novelties, trinkets,
or jewelry such as may be crafted from wood, stone or metal and other
media, or drawings, paintings and sketches.
Any goods, wares, foods, merchandise, personal property of
any nature and/or services offered for sale, whether or not displayed.
Any person who goes upon the premises of any private residence,
not having been invited by the occupant(s) thereof, or any person
who goes upon the Village of Dryden streets, sidewalks or other public
place, carrying or transporting goods and offering the same for sale.
Includes all activities ordinarily performed by a peddler
as indicated in the definition of "peddler."
Any street, park, sidewalk, cemetery, playground, parking
area, school ground, public bench or any other privately owned property
that is open to the public or any other place to which the public
or a substantial group of persons has access, including, but not limited
to, schools, hallways, lobbies and other portions of apartment houses
and rentals not constituting the rooms and apartments designed for
actual residence, and other public lands or property owned, operated
or controlled by the Village of Dryden or any other municipality or
public agency.
Includes all activities ordinarily performed by a solicitor
as indicated in the definition of "solicitor."
Any person who goes upon the premises of any private residence
in the Village of Dryden, not having been invited by the occupant
thereof, or any person who goes upon any Village of Dryden street,
sidewalk or other public place, for the purpose of offering, taking
or attempting to take orders for the sale of goods for future delivery,
or for services to be performed in the future, or for the solicitation
of support or donations where said support or donation is unsolicited
by the person or entity solicited.
A.
It shall be unlawful for any person 18 years of age or older to engage
in peddling or soliciting activities within the Village of Dryden
without first obtaining a permit issued by the Village of Dryden Department
of Police.
B.
It shall be unlawful for any person to suffer or permit a person
less than 18 years of age to engage in peddling or soliciting activities
within the Village of Dryden without first obtaining a permit issued
by Village of Dryden Department of Police.
C.
A person representing a business, organization, group or enterprise
may apply for such permit on behalf of others who are actually involved
in peddling and soliciting activities.
D.
Any person conducting peddling or soliciting activities in the Village
of Dryden must first have obtained an appropriate permit, whether
obtained by a representative or obtained by the peddler/solicitor
himself/herself.
E.
This Chapter 223 shall not apply to selling activities customarily conducted by business related sales persons, sale representatives and similarly employed individuals in the ordinary course of their employment or engagement for the purpose of selling goods to other businesses or professional offices, nor shall this Chapter 223 apply to peddling and soliciting conducted by an existing business or enterprise when such activities are consistent with and in the ordinary course of the primary activities of the business or enterprise and only when such activities are conducted immediately adjacent to the primary business location.
F.
This Chapter 223 shall not apply to persons soliciting signatures upon political petitions when conducted pursuant to New York State Election Law, except that such solicitors must comply with any signs at a residence that indicate that such political solicitations are prohibited.
G.
This Chapter 223 shall not apply to persons soliciting information when such information is pursuant to a legislative mandate such as the census, dog enumerations and the like.
H.
This Chapter 223 shall not be construed as to require a permit for a charitable or nonprofit organization (upon submission of proof satisfactory to the Village of Dryden Department of Police that such group is a charitable or not-for-profit organization) when soliciting for fund-raising related activities (e.g., car washes, cookie sales, etc.) in public places.
I.
This Chapter 223 shall not be construed as to require a permit for any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
J.
This Chapter 223 shall not be construed as to require a permit for farmers or gardeners who, themselves or through their employees, sell or dispose of the products of farms or gardens owned or occupied by them.
K.
This Chapter 223 shall not be construed as to require a permit for casual crafters or artists who, themselves or through family members, sell or dispose of products made by them provided that such products are not produced by mass production (use of machinery or through the work of multiple persons).
A.
No person under the age of 18 shall be permitted to engage in peddling or soliciting activities except as provided in this Chapter 223.
B.
A permit shall be obtained by a sponsoring person, company or organization
for the conduct of any peddling or soliciting, activities involving,
in whole or in part, a sales force of one or more persons under 18
years of age.
C.
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling or soliciting
under the sponsor's permit.
D.
A special application may be made by a school, group or organization, regularly engaged in fund-raising activities throughout the year for charitable, nonprofit, sports or educational purposes, for an annual permit. Such permit will be without fee. Each such applicant for a school, group or organization, upon approval of an annual permit, will be provided with notice of the provisions of the peddling and soliciting regulations set forth in this Chapter 223 and shall disseminate such information to persons engaging in peddling and soliciting under the permit. The Village of Dryden does not endorse the practice of juveniles soliciting persons unknown to them, nor does the Village endorse the practice of juveniles engaging in peddling/soliciting by themselves.
Every person subject to the provisions of this Chapter 223, or an appropriate representative acting on his/her behalf, shall file, in person, with the Village of Dryden Department of Police an application in writing on the form furnished by that office. Any permit issued in accordance with this Chapter 223 shall not be transferable.
[Amended 2-16-2012 by L.L. No. 2-2012]
A.
The daily, monthly and annual permit fees shall be as set forth on
the Village of Dryden Fee Schedule, which Fee Schedule may be established
by resolution and thereafter amended from time to time by resolution
of the Village Board of Trustees.[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Charitable or not-for-profit. A charitable or not-for-profit group
engaged in charitable or not-for-profit peddling or soliciting activity
shall be exempt from any fees upon submission of proof satisfactory
to the Village of Dryden Department of Police that such group is a
charitable or not-for-profit organization.
C.
Veteran fee. Consistent with § 32 of the General Business Law of the State of New York, honorably discharged veterans and their surviving spouses residing in the Village of Dryden are exempt from any permit fees under this Chapter 223 for permits for their own personal use. All other provisions of this Chapter 223 shall apply to such veteran's and their surviving spouses and any transfer or assignment of such permits is prohibited.
D.
Special event permit. Upon submission of a required application to
the Village of Dryden Department of Police and subsequent submission
of such application by the Department of Police to the Village of
Dryden Board of Trustees no less than 60 days prior to a special event
involving multiple parties conducting peddling or soliciting activities
as part of such special event (e.g., Dairy Day), the Board of Trustees
may review such application and thereupon, in its sole discretion,
determine by resolution that the otherwise applicable fees for the
permit or permits applied for shall be reduced and/or waived as deemed
appropriate.
Upon review of an application required under this Chapter 223, the Chief of Police or her/his designee may deny or revoke a permit for:
A.
Incomplete application; or
B.
Information providing a reasonable basis for determining that the
public health, safety and welfare will be threatened by the issuance
of a permit; or
C.
Misrepresentations, fraud and/or deceit related to the application,
the applicant or any organization or agent related thereto; or
E.
Sale or offering for sale of illegal merchandise; or
F.
Employment of a felon or wanted person; or
G.
Aggressive peddling or solicitation.
Unless otherwise authorized by the permit issued, no person
shall engage in either peddling or soliciting between the hours of
8:00 p.m. and 9:00 a.m.
[Amended 4-10-2014 by L.L. No. 3-2014]
Failure to comply with any of the provisions of this chapter
shall be deemed a violation and the violator shall be punished as
set forth on the Village of Dryden Fine Schedule, which Fine Schedule
may be established by resolution and thereafter amended from time
to time by resolution of the Village Board of Trustees.
