The purpose of this chapter is to protect the public health,
safety, and general welfare by regulating peddling and soliciting
in the Town of Poughkeepsie.
As used in this chapter, the following terms shall have the
meanings indicated:
PEDDLER
Any person who engages in the activity of peddling.
PEDDLING
Moving about the Town by foot or vehicle of any kind, from place to place, house to house, door to door, or upon any street or highway, for the purpose of selling and simultaneously delivering, or offering for sale and simultaneous delivery, at retail, any goods, wares, merchandise, or services of any kind whatever. This definition shall not include food trucks, which are regulated by Chapter
114 of the Town Code.
PUBLIC GROUNDS
Lands, other than the public right-of-way, used for public
purposes, such as parks and recreation areas.
PUBLIC RIGHT-OF-WAY
Any publicly owned land adjacent to and abutting any public
street, road or highway.
SOLICITING
Moving about the Town by foot or vehicle of any kind from
place to place, house to house, door to door, or upon any street or
highway, for the purpose of attempting to obtain orders for the sale
and future delivery of any goods, wares, merchandise or services of
any kind, or to take or solicit donations.
SOLICITOR
Any person who engages in the activity of soliciting.
VEHICLE
Any device in, upon, or by which any person or property is
or may be transported or drawn upon a street or highway.
It shall be unlawful for any person, except as exempted in §
151-11 herein, to peddle or solicit within the Town of Poughkeepsie without first having obtained a license from the Town Clerk as provided in this chapter.
All licenses issued pursuant to this chapter shall be valid
for one calendar year from the date of issuance, unless sooner terminated
or revoked. It shall be the licensee's responsibility to renew
their license once expired. The Town shall not be obligated to send
out reminder notices or renewal forms.
Every peddler or solicitor licensed under this chapter shall
carry on their person the license issued by the Town Clerk at all
times when peddling or soliciting, and shall display the same upon
demand to any resident, Town official or police officer upon request.
No license issued under the provisions of this chapter may be
transferred from one person to another, nor be used or displayed at
any time by any person other than the person whose name and photograph
appear on the license.
The provisions of this chapter shall not apply to:
A. Any person who is at a premises at the request or invitation of the
owner or occupant of the premises.
B. Any person selling to, or attempting to obtain orders from, a business
for resale or for use in their business.
C. Any person selling farm produce grown or produced by the seller thereof.
D. Any person soliciting on behalf of, or selling for, any charitable
or nonprofit organization.
E. Peddlers and solicitors at outdoor community events that have obtained a permit under Chapter
76 of the Town Code.
F. Peddlers and solicitors at outdoor community events authorized by
the Town Board.
Any of the following shall constitute a violation of this chapter:
A. Failure to properly obtain a valid license under this chapter.
B. Fraud or misrepresentation contained in the license application.
C. Fraud or misrepresentation made in the course of carrying on business
as a peddler or solicitor.
D. Conduct in an unlawful manner or which creates a public nuisance,
or otherwise constitutes a danger to the public health, safety, and
welfare.
E. Failure to comply with any provisions of this chapter.
F. Conviction of any crime involving moral turpitude.