The purpose of this chapter is to promote and protect the health,
safety and general welfare of the community and to preserve and protect
the property of the Town of Evans and its residents.
For the purpose of this chapter, 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.
HAWKER
A person who engages in peddling and/or soliciting.
MOBILE FOOD VEHICLE
A self-contained mobile food unit in which ready-to-eat food
is prepared, cooked, wrapped, packaged, processed or portioned for
service, sale, or distribution or any prepackaged food is sold or
distributed for immediate consumption.
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,
and 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, and including,
without limitation, activities commonly known as "hawking."
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.
TRANSIENT BUSINESS
A retail or wholesale business, other than a mobile food
vehicle vendor (as regulated separately in this chapter), 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 1) outdoor sales of
property or services accessory to a business conducted within a permanent
structure on a same premises; or 2) 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 General Business Law § 32, and further
provided that any person within the provisions of this exemption shall
hawk, peddle or solicit only as part of an authorized activity of
the organization of which he is a member or of the school or church
which he attends, and further provided that no person exempted by
this subsection receives any compensation for any such activity here
exempted.
B. The holder of a license granted pursuant to the General Business
Law of the State of New York.
C. By any business, service or activity licensed under any other ordinance
or law of the Town of Evans.
D. A wholesaler selling articles to dealers or merchants who have an
established place of business within the Town.
E. Any person selling goods, wares, commodities or services regularly
to those who are his established customers, patrons or purchasers.
F. Any person selling personal property at a garage sale held at his
residence.
G. For participation at events sponsored by the Town (i.e., Summerfest,
movie nights, etc.), provided that proper application is made, any
applicable fees paid, and registration issued for the specified Town-sponsored
event.
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 and dates
of birth of the persons who will conduct the activity on its behalf
and a statement of the time period during which the solicitations
shall occur. The Clerk shall provide a copy of the list to the Police
Department. No person shall engage in soliciting on behalf of a charitable
organization until this information has been provided to the Town
Clerk, except persons under 19 years of age, who shall not be required
to register and obtain a permit as heretofore provided for, in the
event that they are soliciting for any purposes directly connected
with a charitable organization native to the Town.
Fees shall be set by resolution of the Town Board and as set forth in Chapter
106, Fees (see Town for current fee rates). No application shall be accepted until all applicable fees have been paid in full to the Town Clerk, and all fees are nonrefundable.
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.
This chapter shall be enforced by the Police Department and
the Code Enforcement Office of the Town of Evans. Primary enforcement
of the mobile food vending regulations contained in this chapter shall
be the responsibility of the Code Enforcement Office. Matters concerning
the Vehicle and Traffic Law, the New York State Transportation Law,
illegal parking and trespassing shall be the responsibility of the
Police Department. If the Code Enforcement Office determines an issue
to be a police matter, the Code Enforcement Office shall refer that
issue to the Police Department.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision of this chapter.