Whereas, there has been in recent years an influx
of peddlers and solicitors, some of whom conduct business in the Town
of New Hartford for short periods of time, with no permanent location,
and after selling their wares, leave the Town of New Hartford without
any recourse to the consumer for defective and/or inferior goods,
and whereas, not to interfere with interstate commerce but to protect
the citizens of the Town of New Hartford, the Town Board has determined
that certain restrictions and requirements are necessary.
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section.
CHARITABLE ORGANIZATION/CAUSE
A.
Any benevolent, philanthropic, patriotic, not-for-profit,
educational, religious or eleemosynary group, association or corporation
which qualifies under § 501 of the Internal Revenue Code
as a tax-exempt organization.
B.
A fire company which is organized for the prevention
and extinguishment of fires.
CONTRIBUTION
The promise or grant of any money, credit, property, financial
assistance or any other thing of value, including payments for literature
in excess of the fair market value of said literature.
PEDDLER
Any person, either principal or agent who in any public street,
road or highway or public place or from any vacant property, whether
publicly or privately owned, or by going from place to place or house
to house, on foot or on or from a vehicle delivers or distributes
advertising matter, literature, pamphlets, samples or handbills or
sells or offers for sale, barter or exchange any goods, wares, merchandise,
service or any other article or thing whatsoever, either in his/her
possession or not in his/her possession, either for immediate or for
future delivery.
PERSON
A natural person, corporation, partnership, association,
joint-stock company, society or any other entity of any kind.
RESIDENTIAL PREMISES
A house, apartment, condominium, cooperative or mobile home
which is used as a dwelling place or domicile by the occupant.
SOLICITOR
Any person, either principal or agent, who, in any public
street, road or highway or public place, from any vacant property,
whether publicly or privately owned, or by going from place to place
or house to house, on foot or on or from a vehicle, requests or accepts
a contribution.
VEHICLE
Any automobile, truck, wagon or cart, either propelled by
hand, motor power or animals, or any other means of transportation
of persons or commodities or locomotion.