[HISTORY: Adopted by the Town Board of the Town of Pittsford 4-2-2013 by L.L. No.
4-2013.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 105.
[1]
Editor's Note: This local law also superseded former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:
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.
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:
A.
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.
B.
Frequent any street in an exclusive manner so as to cause a private
or public nuisance.
C.
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.
D.
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.
E.
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.
F.
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:
A.
The name, address and age and date of birth of the applicant.
B.
That the applicant is a citizen of the United States.
C.
That the applicant has never been convicted of a felony or misdemeanor
(or if so, giving the details).
D.
A detailed statement of the particular business, trade or occupation
for which the license is requested.
E.
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.
F.
The kinds of goods, wares and merchandise the applicant desires to
sell or the kind of service he desires to render.
G.
The name and address of the person, firm or corporation the applicant
represents.
H.
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.
I.
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.
A.
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.
B.
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:
A.
Fraud, misrepresentation or false statement contained in the licensee's
application.
B.
Fraud, misrepresentation or false statement during the course of
hawking, peddling or soliciting.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral dishonesty
or moral turpitude.
E.
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.
F.
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.
