The purpose of this chapter is to promote and
protect the health, safety and general welfare of the community and
the preservation and protection of property of the Town of Pendleton
and its residents.
The following words and phrases shall have the
meanings set forth unless the context of their use clearly indicates
otherwise:
APPLICANT
Any person by or for whom an application is made under this
chapter.
CHARITABLE ORGANIZATION
A.
Any benevolent, philanthropic, patriotic, military
veterans, not-for-profit, educational or religious association, society
or other organization or any other association, society or organization
qualified as a tax-exempt organization under Section 501 of the Internal
Revenue Code.
B.
Any governmental entity or organization, including,
without limitation, a school district, fire district and fire company.
JUNK DEALING
A.
Keeping, conducting or maintaining any building,
structure, yard or place for storing, distributing or selling any
junk, used or secondhand property, goods, wares or merchandise of
any kind or nature, or the parts thereof.
B.
Selling or buying for resale any junk, used
or secondhand property, goods, wares or merchandise of any kind or
nature, or the parts thereof.
C.
The provisions in this chapter requiring permits
for junk dealing shall not apply to persons in the business of manufacturing
or buying and selling new or used motor vehicles or who buy or receive
secondhand motor vehicles in the course of trade for resale but shall
apply to all such persons who wreck or junk secondhand or used motor
vehicles.
PEDDLER
A person who engages in peddling.
PEDDLING
A.
Selling or offering for sale, barter or exchange
any property or service, either for immediate or future delivery,
or performance upon any street, road or highway or from house to house
in the Town, including, without limitation, activities commonly known
as "hawking."
B.
Delivery or distribution of advertising matter,
literature, pamphlets, samples or handbills house to house or on any
of the streets, roads or highways or by going from place to place
in the Town, but not including the delivery or distribution of newspapers,
magazines or political or religious materials.
PERSON
A natural person, corporation, partnership, association,
joint venture, society or other organization or association of any
kind, whether acting as principal, agent, employer or employee.
PROPERTY
Any goods, wares, merchandise or other article or thing of
every kind or nature, except newspapers.
SOLICITING
A.
Seeking, taking or offering contracts or orders
for any property for future sale or delivery or performance of any
service upon any street, road or highway or from house to house in
the Town.
B.
Seeking or taking subscriptions or contributions
of money or property upon any street, road or highway or from house
to house in the Town.
SOLICITOR
A person who engages in soliciting.
TOWN
The Town of Pendleton.
TRANSIENT BUSINESS
A retail or wholesale business conducted from a temporary
structure or tent, truck, van or trailer, stand, parking lot or vacant
parcel of land, in a public right-of-way or in or on any other place
in the Town, but not outdoor sales of property or services accessory
to a business conducted within a permanent structure on the same premises
or the sale of food products raised or produced on the same premises
from a temporary or seasonal stand, provided that the principal structure
or activities otherwise comply with the zoning and other ordinances
of the Town.
No permit under this chapter shall be required:
A. By any charitable organization or its agents or employees
or veterans licensed pursuant to New York State General Business Law
§ 32 or by any vendor operating at the invitation of a charitable
organization.
B. By any person conducting business or activity or performing
a service pursuant to a license issued by the State of New York.
C. For the delivery of goods or services ordered by telephone,
mail or other method initiated by the person receiving the goods or
services.
D. By any business, service or activity licensed under
any other ordinance or law of the Town of Pendleton.
E. For purchase or sale of motor vehicles or parts by
any person otherwise conducting a used vehicle or vehicle parts business
from any permanent location.
F. By any person engaged in the business of antique dealing
from a permanent location.
G. For lawn cutting, leaf raking and snow shoveling services
for residential property.
H. By political parties and candidates for public office.
No charitable organization shall engage in soliciting
before it files with the Town Clerk a list of the names, addresses,
dates of birth and criminal background checks of the person who will
conduct the activity on its behalf and provide a copy of the list
to the Niagara County Deputy Sheriff's Department. No person(s) shall
engage in soliciting on behalf of a charitable organization until
this information has been provided to the Town Clerk.
[Amended 5-8-2017 by L.L.
No. 5-2017; 6-13-2022 by L.L. No. 2-2022]
Fees for peddlers or solicitor's permits,
transient businesses, or junk dealers shall be as described in the
Town of Pendleton Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time.
The Town may require reports from any permit
holder at any time and at such intervals as it deems necessary for
the protection of the public health, welfare and safety.
Any person who violates any provision of this
chapter shall be guilty of a violation. Each violation shall be punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.