[Adopted 8-28-1995 by L.L. No. 2-1995]
No person, persons or corporation shall place,
advertise or exhibit or permit or cause to be placed, advertised or
exhibited any property, goods or merchandise for sale closer than
25 feet to the nearest street line of the public streets of said village;
except, however, if the buildings adjoining thereto and on both sides
thereof are closer to the street than the aforesaid 25 feet, then
such property may be placed, advertised or exhibited at the same distance
from such street line as the front of said adjoining buildings.
Any person violating any provision of this Article
shall be punished by a fine not exceeding $250 and/or by imprisonment
for not more than 15 days.
[Adopted 8-28-1995 by L.L. No. 2-1995]
This Article shall be known and may be cited
as the "Hawking and Peddling Ordinance."
This Article is enacted for the purpose of regulating
and controlling itinerant merchandising of goods and services in order
that the peace, health, safety, welfare and good order of the village
and its inhabitants shall not be endangered or unduly disturbed.
As used in this Article, the following terms
shall have the meanings indicated:
ESTABLISHED PLACE OF BUSINESS
A permanent building, store or premises in which or where
the person transacts business and deals in the goods or services he
hawks or peddles in the ordinary and regular course of business.
HAWKER AND PEDDLER
Includes, unless otherwise herein provided, any person who
engages in merchandising any goods or services by going from house
to house or place of business to place of business or in any public
street or public place or by temporarily occupying a room, building
or other premises therefor.
MERCHANDISING
Refers to the selling, bartering or trading of or offering
to purchase, sell, barter or trade any goods or services.
PERSON
Includes any individual, firm, partnership, corporation or
unincorporated association and any principal or agent thereof.
TEMPORARY OCCUPATION
The use of a store, room or any other premises intended to
be occupied only for the period of time necessary to hawk or peddle
the goods therein housed initially without the intent to replenish
or restock such goods. In all prosecutions for a violation of this
Article, the intent of the defendant to conduct a regular and continuing
business shall be a material fact, and the burden of proving such
intent shall be upon the defendant.
The Village Clerk shall keep a record of the
applications, the determinations thereon and of all licenses issued
under this Article. All licenses shall expire 90 days from the date
of issuance.
The license fee for each applicant shall be
as set by resolution of the Board of Trustees from time to time.
A license may be summarily revoked by the Village
Clerk, after consultation with the Village Board, by reason of falsification
in applying for a license or for hawking and peddling in a manner
that is obnoxious to the residents of the village or for creating
or continuing a nuisance in the village streets.
No peddler permits involving temporary occupation of any premises zoned Commercial A, B or D (see Chapter
242) shall be issued.
Any person who shall act as a hawker or peddler,
as herein defined, without a license or who shall continue to act
as a hawker or peddler subsequent to the revocation of his license
shall incur a penalty of not more than $250 and/or imprisonment for
not more than 15 days for each day on which such violation continues.