[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls 2-13-1985 by L.L. No. 1-1985. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as "Local Law Regulating Itinerant Merchandising and Soliciting in
the Village of Wappingers Falls, New York."
The attention of the Board of Trustees of the
Village of Wappingers Falls has been directed to abuses and unscrupulous
and disruptive acts by persons engaged in door-to-door soliciting
and selling of goods, wares and merchandise; the maintenance of trucks,
motor vehicles and temporary stands in public streets and places and
areas adjacent thereto for the purpose of exhibiting and selling wares
and merchandise, which has caused problems with traffic and created
a safety hazard; the imposition of unwarranted obligations and commitments
upon residents by such itinerant persons engaging in abuse, violent
conduct and threats; the unwanted intrusions upon the privacy of the
homes of residents; and the unaesthetic appearance of gypsy-like temporary
contrivances festooned with gaudy ornaments lining the public streets
and areas adjacent thereto and causing rubbernecking and resulting
traffic hazards. Many of the foregoing have resulted in complaints
to police authorities because of the danger caused, the unruly conduct
or behavior or exaggerated, unethical and spurious claims and representations
with respect to such goods and merchandise; and such unsalutory conduct
has violated the safety, general welfare and good order of the citizens
of the village. It is the intent of this chapter to regulate itinerant
merchandising and soliciting to minimize and prevent the foregoing
abuses and violations of the rights of the citizens of the Village
of Wappingers Falls and to promote the peace, health, safety, welfare
and good order of the village and its inhabitants.
As used in this chapter, the following terms
shall have the meanings indicated:
A permanent building, store or depository in which or where
the person transacts business and deals in the goods, wares or commodities
he peddles, vends or solicits in the ordinary and regular course of
business.
Refers to the selling, bartering or trading of or offering
to sell, barter or trade any goods, wares, commodities or services.
Include, unless otherwise herein provided, any person who
engages in merchandising any goods, wares, commodities, books, periodicals
or services or who solicits contributions of goods or moneys in any
public street or highway or public place or any area adjacent to a
public street or public place or by going from house to house or place
of business to place of business, on foot or on or from any vehicle
standing in a street or highway or area adjacent to a street or highway,
or by temporarily occupying a room, building or other premises therefor.
Includes any individual, firm, partnership, corporation,
unincorporated association and any principal or agent thereof.
It shall be unlawful for any person within the
limits of the Village of Wappingers Falls to act as a peddler, hawker
or solicitor, as herein defined, without first having obtained and
paid for and having in force and effect a license therefor.
[Amended 2-12-1997 by L.L. No. 3-1997]
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order
of any court.
(2)
Any person selling personal property at wholesale
to dealers in such articles.[1]
[1]
Editor's Note: Former Subsections A(3), (4),
(5), (6) and (7), regarding the peddling of meat and produce by farmers;
merchants with an established place of business; dealers in milk,
baked goods, heating oil and daily newspapers; real estate brokers
and insurance salesmen; and honorably discharged members of the Armed
Forces, respectively, were repealed 5-13-1998 by L.L. No. 4-1998.
B.
The following are exempted from the fee provisions
of this chapter only:
(1)
Persons soliciting or collecting for any bona fide
established charitable, religious or fraternal organization or any
person soliciting at the express invitation of the person solicited
or serving an established customer.
(2)
Candidates for political offices, whether local, county,
state or federal.
(3)
Any honorably discharged member of the Armed Forces
of the United States who has procured a license under Article 4 of
the General Business Law of the State of New York, provided that such
honorably discharged member of the Armed Forces of the United States
shall be the sole operator of the vehicle and/or receptacles to be
used by the applicant in carrying on the business for which the license
is required.
[Added 5-13-1998 by L.L. No. 4-1998; amended 10-11-2006 by L.L. No. 7-2006]
A.
Every applicant for a license is required to submit
to the Village Clerk a written application supplying, under oath,
the following information:
(1)
The name and age of the applicant.
(2)
Permanent home residence.
(3)
The name and address of the firm represented, if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares or commodities to
be offered for sale, together with a true invoice of their amount,
quality and value, and a detailed statement of the requested particular
business, trade or occupation for which the license is requested.
(6)
All felonies or misdemeanors of which the applicant
has been convicted.
(7)
To the application must be appended a letter of authorization
from the firm which the applicant purports to represent.
(8)
The number and kind of vehicles, if any, to be used
by the applicant in carrying on the business for which the license
is required.
(9)
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.
(10)
Such other information as may be required by the Board
of Trustees of the Village of Wappingers Falls.
B.
If the applicant has one or more employees who will
work in the town, the same information must be supplied as to each
employee.
Upon receipt of the application and of the license
fee and if reasonably satisfied with the applicant's qualifications,
the Village Clerk shall issue a license to the applicant specifying
the particular business authorized and the location wherein it may
be conducted. This license shall be nontransferable and shall be in
the continuous possession of the licensee while engaged in the business
licensed. The license shall be produced upon the demand of any village
official, prospective buyer, police officer or Sheriff. Any holder
of such license who permits it to be used by any other person and
any person who uses such license granted to any other person shall
be guilty of a violation of this chapter.
A.
The Village Clerk shall keep a record of the applications,
the determinations thereon and of all licenses issued in accordance
with this chapter. The record shall contain the name and residence
of the person licensed, the location of the business, the amount of
the license fee paid and the date of revocation of all licenses revoked.
B.
All licenses hereunder shall expire on the first day
of January following the date of issuance thereof.
[Amended 2-12-1997 by L.L. No. 3-1997]
The fees for all licenses are hereby fixed by
resolution of the Board of Trustees.[1]
[1]
Editor's Note: See Ch. A154, Fees.
A.
A licensed peddler, hawker or solicitor shall:
(1)
Not willfully misstate the quantity or quality of
any article offered for sale.
(2)
Not willfully offer for sale any article of an unwholesome
or defective nature.
(3)
Not call attention to his goods by blowing a horn,
by ringing a bell other than a house doorbell, by shouting or crying
out or by any loud or unusual noise.
(4)
Not frequent any street in an exclusive nature so
as to cause a private or public nuisance.
(5)
Keep the vehicle and/or receptacles used by him in
the furtherance of his licensed business in a sound, clean and sanitary
condition.
(6)
Keep his edible articles offered for sale well protected
from dirt, dust and insects.
(7)
Have every vehicle used in or about his business painted
with his name and address in letters at least two inches in height
in a conspicuous place on the outside of each side of said vehicle;
and such name and address shall be kept so plainly and distinctly
painted at all times such vehicle is in use.
(8)
Not transact business from the intersection of East
Main Street and Spring Street along East Main Street to the intersection
of West Main Street and Church Street; along Market Street from the
intersection of East Main Street to the intersection of Franklin Street;
along Mill Street from the intersection of High Street to the intersection
of East Main Street; and in Meiser Park unless given specific permission
by the Village Board of Trustees of the Village of Wappingers Falls
to conduct business in said park.
[Added 10-11-2006 by L.L. No. 7-2006]
B.
A licensed peddler, solicitor or hawker shall:
(1)
Operate in accordance with the terms, conditions and
prohibitions as specified by the Village Board of Trustees of the
Village of Wappingers Falls regarding time, place, method and movement.
Said limitations, if any, shall be made by the licensing authority
after consideration of the proposed method of peddling and solicitation,
vehicle and pedestrian traffic and all other factors deemed relevant
by the Board of Trustees of the Village of Wappingers Falls. In no
event shall the licensee stand or permit the vehicle used by him to
stand in one place in any public place or street or area adjacent
to a public place or street for more than 10 minutes, nor in front
of any premises for any time if the owner or the lessee of the ground
objects.
[Amended 5-13-1998 by L.L. No. 4-1998]
(2)
Not create or maintain any booth or stand or place
any barrels, boxes or crates upon any street or public place or any
area adjacent thereto for the purpose of selling or exposing for sale
any goods, wares or merchandise.
C.
It shall be unlawful for any person to engage in peddling
or soliciting before the hour of 9:00 a.m. of any day or after 7:00
p.m. or sunset, whichever occurs first. No peddling or soliciting
are allowed on national holidays.
[Added 2-12-1997 by L.L. No. 3-1997]
D.
It shall be unlawful for the peddler or solicitor
plying his trade to enter any premises or property or to ring the
bell, knock upon or enter any building whereon is affixed or displayed
a sign containing any or all of the following words:" No peddler,"
"No soliciting," "No agents" or other wording the purpose of which
purports to prohibit peddling or soliciting on the premise.
[Added 2-12-1997 by L.L. No. 3-1997]
A.
Licenses issued under provisions of this chapter may
be revoked by the Village Clerk of the Village of Wappingers Falls
after notice and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler, hawker or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling, hawking or soliciting
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address
at least five days prior to the date set for hearing.
C.
The Village Clerk, upon receiving information giving
him reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section or has been
indicted or charged with or for any crime or offense or has been convicted
of any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by him, as provided herein, and the Village
Clerk shall have issued his determination thereon.
D.
If the licensee has one or more employees, the revocation
hereunder shall apply to the licensee and all employees if either
he or any one or more of his employees are determined to be in violation
of this chapter.
[Added 5-13-1998 by L.L. No. 4-1998[1]]
All said applications pursuant to this chapter
that, if granted, would allow the applicant to conduct the sale of
goods or wares on private property, and said sale of goods or wares
shall occur on more than three days in any consecutive thirty-day
period, shall be subject to site plan approval by the Village of Wappingers
Falls Planning Board.
[1]
Editor's Note: This local law also repealed
former § 110-12, Appeal.
It shall be the duty of any police officer of
the Village of Wappingers Falls to require any person seen peddling
or soliciting and who is not known by such police officer to be duly
licensed to produce the peddler's or solicitor's license and, if not
available, to enforce the provisions of this chapter by citing (ticketing)
such person or persons.
[Amended 2-12-1997 by L.L. No. 3-1997; 10-11-2006 by L.L. No. 7-2006]
Any person violating any provision of this chapter
may be punishable by a fine of not more than $1,500 or imprisonment
for a period not exceeding 15 days, or both.
All orders taken by licensees who demand or
accept payment or deposit of money in advance of delivery shall be
in writing, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time the deposit of money is made.
