[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 11-14-1966, effective 11-22-1966. Sections 274-7
and 274-8C amended and § 274-13 added at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. (This ordinance adopted 11-14-1966
was included as Sec. 2 of Ch. 7 of the Unified Code of Ordinances.) Other
amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he hawks, peddles or
solicits for during regular business hours.
Includes, except as hereinafter expressly provided, any person, either
principal or agent, who, from any boat or 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 on or from any animal or vehicle, sells or barters, offers for
sale or barter or carries or exposes for sale or barter any goods, wares or
merchandise, except milk, newspapers, periodicals, books and pamphlets.
Includes any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to take orders
for goods, wares or merchandise, except milk, newspapers, periodicals, books
and pamphlets, or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future delivery.
Nothing in this chapter shall be held to apply to any sales conducted
pursuant to statute or by order of any court, to any person selling property
at wholesale to dealers in such articles, to merchants having an established
place of business within the village, or their employees, for soliciting orders
from customers and delivering the same and to the hawking and peddling of
meats, fish, fruit and farm produce by farmers and persons who produce such
commodities. This chapter shall not apply so as unlawfully to interfere with
interstate commerce.
It shall be unlawful for any person to act as a hawker, peddler or solicitor,
as herein defined, without first having obtained and having in force and effect
a license therefor issued by the Village Clerk.
The application for a license shall be accompanied by a certificate
from the Sealer of Weights and Measures of the County of Westchester certifying
that all weighing and measuring devices to be used by the applicant have been
examined and approved.
An application for a license shall be accompanied by a bond to the village,
approved as to form and surety by the Village Attorney, in the penal sum of
one thousand dollars ($1,000.) or collateral security, satisfactory to the
Village Attorney, conditioned for the due observance, during the term of the
license, of any and all ordinances adopted by the village respecting hawking,
peddling and soliciting. In the case of solicitors who demand, accept or receive
payments or deposits of money in advance of final delivery, such bond shall
be further conditioned for making final delivery of goods, wares or merchandise
ordered or services to be performed in accordance with the terms of such order
or, failing therein, that the advance payment on such is refunded. Any person
aggrieved by the action of any such licensed solicitor shall have a right
of action on the bond for the recovery of money or damages, or both. Such
bond shall remain in full force and effect for a period of six (6) months
after the expiration of any such license, unless sooner released by the Board
of Trustees. Nothing herein contained shall require the posting of a bond
by any applicant who has resided in the village for more than one (1) year
immediately prior to filing such application.
A.
Any person desiring to procure a license as herein provided
shall file with the Manager a written application upon a blank form furnished
by the village and shall file, at the same time, satisfactory proof of good
character. Such application shall give the number and kind of vehicles to
be used by the applicant in carrying on the business for which the license
is desired; the kind of goods, wares and merchandise he desires to sell or
the kind of service he desires to perform; the method of distribution; the
name, address and age of the applicant; the name and address and age of the
person, firm or corporation he represents; the length of time the applicant
desires the license; and such other information as may be required by the
Manager.
B.
An applicant for such license shall furnish two (2) photographs
of himself or herself taken within thirty (30) days preceding the date of
application, of a size designated by the Village Manager.
[Added 1-28-1980 by L.L. No. 1-1980,
effective 1-31-1980]
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
The annual license fee shall be as set forth in Chapter A347, Fees, for each license issued pursuant to this chapter, except that a person licensed by the county under § 32 of the General Business Law shall not be required to pay such fee.
[Amended 1-28-1980 by L.L. No. 1-1980,
effective 1-31-1980]
A.
One (1) of the photographs provided by the applicant
shall be attached to a consecutively numbered identification card to be worn
conspicuously and constantly upon the outer garment of the licensee while
engaged in hawking, peddling or soliciting.
B.
Said identification card shall not be transferred or
assigned. On the expiration of the license, the identification card shall
be surrendered to the Clerk-Treasurer.
C.
A charge as set forth in Chapter A347, Fees, shall be made by the Clerk-Treasurer for any replacement identification cards issued.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
D.
It shall be unlawful for any person to destroy, deface
or injure such identification card in any manner or change the number or date
thereon. It shall also be unlawful for any person to wear or have in his possession
such identification card unless he is the licensed hawker, peddler or solicitor
in whose name the license is issued.
Every vehicle used by a licensed hawker, peddler or solicitor in or
about his business shall have the name of the licensee and his address plainly,
distinctly and legibly painted, in letters and figures at least two (2) inches
in height, in a conspicuous place on the outside of the sides of every such
vehicle, and 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.
The Village Manager may, at any time, for a violation of this chapter
or any other ordinance or any law, suspend any license. Notice of such suspension
and the reason or reasons therefor shall be served, in writing, by the Clerk
upon the person named in the application or license or by mailing the same
to the address given in the application, and, upon filing a copy of such notice
in the Clerk's office with affidavit of service of mailing, such license
shall be suspended until the next regular meeting of the Board of Trustees,
at which said meeting the license may be revoked or continued by the Board.
When a license shall be revoked, no refund of any unearned portion of the
license fee shall be made.
A licensed hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity,
character or quality of any article offered for sale or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean
and sanitary condition and the foodstuffs and edibles offered for sale well
covered and protected from dirt, dust and insects.
C.
Not blow a horn, ring a bell or use any other noisy device
to attract public attention to his wares or shout or cry out his wares.
D.
Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than ten (10) minutes
or in front of any premises for any time if the owner or lessee of the ground
floor thereof objects. However, a hawker, peddler or solicitor shall not stand
or permit the vehicle used by him to stand or remain anywhere on the Boston
Post Road or Mamaroneck Avenue within the Village of Mamaroneck.
[Amended 10-13-1980 by L.L. No. 12-1980,
effective 12-12-1980]
E.
Not sell any confectionery or ice cream within two hundred
fifty (250) feet of any school property between the hours of 8:00 a.m. and
4:00 p.m. on school days.
F.
Not permit any vehicle used by him to stop or remain
on any crosswalk.
G.
Not create or maintain any booth or stand or place any
barrels, boxes, crates or other obstructions upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or merchandise.
All orders taken by licensed solicitors 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, and
one (1) copy shall be given to the purchaser at the time the deposit of money
is paid to the solicitor.
[Added 10-13-1992 by L.L. No. 6-1992,
effective 10-19-1992[1]]
In addition to the applicable provisions set forth in this chapter pertaining
to peddling and soliciting, the Village Manager is authorized to promulgate
rules and regulations governing peddling during parades and special events
in the Village of Mamaroneck. Such rules and regulations may require peddling
activities to be conducted in areas located away from the curb so that citizens
may be able to have unobstructed views of the parade or special event and
may restrict the types of items being sold in the interest of public health,
safety and welfare. In conjunction with such activities, including any street
closing for a special event, the Village Manager may suspend the applicability
of the regulations found in this chapter to allow for the operation of the
special event.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Any person violating any of the provisions of this chapter shall be
punishable, upon conviction thereof, by a fine not exceeding two hundred fifty
dollars ($250.) or imprisonment not exceeding fifteen (15) days, or both.
