[HISTORY: Adopted by the Town Board of the Town of Pittsford 4-2-2013 by L.L. No. 4-2013.Amendments noted where applicable.]
Noise — See Ch. 105.
Editor's Note: This local law also superseded former Ch. 112, Peddlers and Solicitors, adopted 7-21-1992 as Ch. 17 of the 1992 Code, as amended.
The purpose of this chapter is to regulate peddlers in the Town, outside the Village of Pittsford, for the benefit of the health, safety and general welfare of the residents of the Town.
For the purposes of this chapter, the following definitions shall apply:
- ESTABLISHED PLACE OF BUSINESS
- Includes a building or store in which the person transacts business and deals in the goods, wares and merchandise such person hawks, peddles or solicits for during regular business hours.
- HAWKER AND PEDDLER
- Includes any person, either principal or agent, who, in any public street or public place or by going from house to house or place of business to place of business, on foot or from any vehicle, sells or barters, offers for sale or barter or carries or exposes for sale or barter, any goods, wares, merchandise or magazine subscriptions.
- Includes any person, either principal or agent, who, in any public street or public place or by going from house to house or place of business to place of business, on foot or from any vehicle solicits contributions of goods, money, services or support of any kind.
The requirement to obtain a license, pursuant to Article II of this chapter, shall not apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Town or their employees; to the peddling of meats, fish, fruit and similar produce by farmers and persons who produce such commodities; to dealers in milk, baked goods, heating oil and daily newspapers; to candidates for elective office or persons acting on behalf of any such candidates or of a recognized political party, in obtaining signatures on petitions, distributing literature or otherwise promoting the candidacy of any such candidate or seeking support for any position advocated by such candidate or party; or to persons soliciting or collecting for any bona fide charitable organization or on behalf of any school class in the Pittsford School District. This chapter shall also not apply so as unlawfully to interfere with interstate commerce.
Any licensee under this chapter using a motor vehicle may employ not more than two persons to assist in selling and delivering the wares, but such persons shall so act only while accompanying a licensed peddler, hawker or solicitor.
Every vehicle used by a licensed hawker, peddler or solicitor under this chapter in or about his business shall have the name plainly, distinctly and legibly painted in letters and figures at least two inches in height in a conspicuous place on the outside of each side of every such vehicle. Such name and address shall be kept so painted plainly and distinctly at all times while such vehicle is in use during the continuance of the license.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter to falsely or fraudulently misrepresent the quantity or quality of any articles offered for sale in the Town.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter to offer for sale in the Town any unwholesome, tainted or diseased provisions or merchandise.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter not to keep the vehicles and receptacles used by him in the Town in a clean and sanitary condition.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter to sell any confectionary or ice cream in the Town within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
It shall be unlawful for any person subject to this chapter to do the following:
Stand or permit any vehicle used by him to stand in any place for any period of time, except in direct response to a customer's request to purchase, and then only for such period of time as is necessary to effect the sale and purchase.
Frequent any street in an exclusive manner so as to cause a private or public nuisance.
Hawk, peddle or solicit on or about the premises of any business establishment, shopping center or mall without the written consent of the owner or individual, agency or organization responsible for the management and/or operation of the same.
Hawk, peddle or solicit within 250 feet of any school property between the hours of 8:00 a.m. and 4:00 p.m. on any school day.
Enter upon private property before the hour of 9:00 a.m.; or after 8:00 p.m. or sunset of any day, whichever shall first occur; except upon the invitation of the homeowner or occupant.
Ring the bell or knock upon or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "no peddlers," "no solicitors," "no agents" or other wording, the purpose of which purports to prohibit hawking, peddling or soliciting on the premises.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter to permit any vehicle used by such person to stop or remain on any crosswalk in the Town.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter to create or maintain any booth or stand or to place any barrels, boxes, crates or other obstructions upon any street or public place in the Town for the purpose of selling or exposing for sale any goods, wares or merchandise.
It shall be unlawful for a licensed hawker, peddler or solicitor under this chapter to blow a horn, ring a bell or use any other noisy device in the Town to attract public attention to such person's wares, or shout or cry out such wares.
All orders taken by licensed solicitors under this chapter who demand, accept or receive payment or deposit of money in advance of final delivery shall be in writing, in duplicate, stating the terms thereof and the amount paid in advance. One copy shall be given to the purchaser at the time the deposit of money is paid to the solicitor.
It shall be unlawful for any person within the territorial limits of the Town to act as a hawker, peddler or solicitor without first having paid for and obtained a valid license therefor.
Every applicant for a license required by this article shall submit to the Town Clerk two passport-size photographs of the applicant together with a written application, under oath, setting forth the following information, to wit:
The name, address and age and date of birth of the applicant.
That the applicant is a citizen of the United States.
That the applicant has never been convicted of a felony or misdemeanor (or if so, giving the details).
A detailed statement of the particular business, trade or occupation for which the license is requested.
The number and kind of vehicles, if any, to be used by the applicant in carrying on the business for which the license is requested.
The kinds of goods, wares and merchandise the applicant desires to sell or the kind of service he desires to render.
The name and address of the person, firm or corporation the applicant represents.
The names and addresses of all partners, if a partnership, and the names and addresses of the principal officers, if a corporation, and the name and address of a person upon whom a legal notice may be served.
Such other information as may be reasonably required by the Town Clerk.
Upon the filing of the application as provided in this article, the Town Clerk shall, upon approval of such application, issue to the applicant a license, signed by the Town Clerk.
No license required by this article shall be granted to a person under 18 years of age.
Any honorably discharged veteran of the Armed Forces of the United States who has procured a license as provided in § 32 of the General Business Law for hawking and peddling shall be issued a license as provided herein upon filing with the Town Clerk a facsimile copy of the said license so issued pursuant to the General Business Law as well as the statement which must be attached thereto issued to the said veteran by the County of Monroe.
The license fee for hawkers, peddlers or solicitors under this article shall be in such amount as the Town Board may, from time to time, establish by resolution.
A license issued under this article, whenever issued, shall automatically expire on January 1 following the date of issuance of such license.
A license issued under this article shall not be assignable.
Any holder of a license under this article who permits it to be used by any other persons and any person who uses such license granted to any other person shall be guilty of a violation of this section.
Every licensee under this article, while exercising such license, shall carry the license with him and shall exhibit the same upon demand to any police officer or citizen.
The Town Clerk may refuse to issue a license to any applicant, based on the provisions and grounds set forth in § 137 of New York Town Law.
Any applicant who has been refused a license, pursuant to the preceding Subsection, may apply to the Town Board for such license, pursuant to the provisions of § 137 of New York Town Law.
The Town Board, following a public hearing at which the licensee shall have an opportunity to be heard, pursuant to the provisions of § 137 of New York Town Law, may revoke any license issued under this chapter, for any of the following causes:
Fraud, misrepresentation or false statement contained in the licensee's application.
Fraud, misrepresentation or false statement during the course of hawking, peddling or soliciting.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral dishonesty or moral turpitude.
Hawking, peddling or soliciting in an unlawful manner, in breach of the peace or in a manner constituting a menace to the health, safety or general welfare of the public.
Any other ground which the Town Board reasonably determines demonstrates that the licensee is an undesirable person or is incapable of properly conducting the trade or business for which the license was obtained.
No applicant to whom a license required by this article has been refused or who has had a license which has been revoked shall make further application for a license until a period of at least six months shall have elapsed since the last previous rejection or revocation, unless he can show that the reason for such rejection or revocation no longer exists.
It shall be the duty of the Town Clerk to keep a record of all applications and of all licenses granted under the provisions of this article, giving the number and date of each license, the name and residence of the person licensed, the amount of the license fee paid and also the date of revocation of all licenses revoked.