[HISTORY: Adopted by the Town Board of the Town of Harrison 6-21-2012 by L.L. No. 1-2012. Amendments noted where applicable.]
Auctions and auctioneers — See Ch. 95.
Handbills and advertising materials — See Ch. 159.
Noise — See Ch. 177.
Secondhand dealers — See Ch. 198.
Merchandise on sidewalks and sidewalk sales — See Ch. 201.
Editor's Note: This local law also repealed former Ch. 183, Peddling and Soliciting, adopted 7-12-1934, as amended.
This chapter is designed to afford a just protection from peddlers and solicitors to merchants who maintain local business establishments, thereby bearing their share, either directly or indirectly, of local municipal tax burdens, by regulating door-to-door solicitation by licensed sales agents; establishing a Do Not Knock Registry; and promulgating reasonable time and manner restrictions on door-to-door solicitation, including enforcement of the Do Not Knock Registry, and by providing additional revenues and to protect the citizens of the Town against crime and by preserving the private property, peace and comfort of the occupants of private residences in the Town.
The following terms, when the same are used herein, shall have the meanings indicated:
- CHARITABLE ORGANIZATION
- An organization which has received a letter of determination approving tax exempt status under Title 26 of the United States Code, Section 501(c)(3), or any Harrison volunteer organization or service organizations, if the merchandise being sold is for the support of a not for profit organization which the sales person participates in, such as, including, but not limited to: school-sponsored activities; boy, cub and girl scouts; church organizations; volunteer fire departments; and community service organizations and the like.
- DO NOT KNOCK REGISTRY
- A list of residential addresses in the Town, organized alphabetically by street name, indicating those residential properties where the owner or occupant has indicated he/she does not want to be solicited and does not want sales agents to enter his/her property.
- DOOR-TO-DOOR SOLICITATION
- The in-person solicitation of sales of goods or services for present and future delivery by entry upon residential property, including multifamily or duplex residential property, or by soliciting persons located on residential property from the street, sidewalk, or other adjacent property, without the prior invitation of the person to be solicited.
- One who, either individually, as a principal and in his/her own behalf, or in association with one or more other persons in a partnership or other unincorporated business relation, and also a corporation which and also a person who, as an agent, an officer or an employee of some other person or persons, engages in the act of peddling.
- The vending or the hawking, or offering for sale, including the itinerant transporting and/or the exposing or the offering for sale and for concurrent delivery, in any public street or place, or the vending or the hawking by sales calls from house to house, in this Town, of any goods, wares, merchandise, provisions, groceries, meats, fish, fruits, vegetables, trees, shrubbery, potted plants and flowers.
- PEDDLING PERMIT
- A permit required to engage in peddling in accordance with this chapter.
- SALES AGENT
- Any person engaged in door-to-door sales of goods or services for present or future delivery.
- SALES ORGANIZATION
- Any entity engaged in the supervision, recruitment, retention or employment of a sales agent or agents engaged in door-to-door sales.
- SOLICITATION PERMIT
- A permit required to engage in door-to-door sales in accordance with this chapter.
- The soliciting upon private residential property in the Town of Harrison for the purpose of vending, peddling or soliciting purchase orders for any merchandise, device, book, periodical or printed matter whatsoever; or for services to be performed in the future; or for the purpose of conducting any consumer or other surveys; or for soliciting alms; or for a subscription or contribution to any church, charitable or public institution; or for the purpose of distributing any handbill, pamphlet, tract, notice or advertising matter; or for the purpose of selling or distributing any ticket of chance.
- One who, either individually, as a principal and in his/her own behalf, or in association with one or more other persons in a partnership or other unincorporated business relation, and also a corporation which and also a person who, as an agent, an officer or an employee of some other person or persons, engages in the act of soliciting.
The Town of Harrison solicitation and peddler permit process shall be administered by the office of the Town Clerk in conjunction with the Town of Harrison Police Department for the express purpose of criminal record checks and enforcement of this chapter. The Town Clerk is hereby authorized and is instructed to issue permits to peddle or solicit in this Town pursuant to the provisions of this chapter, which permits, in order to be valid, shall be signed by the Town Clerk, shall be sealed with the Town Seal and shall specify the trade which thereby is authorized, the kind of commodities which such permit holder may peddle or solicit and the amount of the permit fee which shall have been paid.
Each sales agent or peddler must apply individually to the office of the Town Clerk during posted administrative hours by submitting a completed application, which will require:
Name of applicant.
Government-issued photographic identification with printed name and sex.
Date of birth.
Social security number.
Permanent residential address.
Home telephone number.
Temporary home address.
Current cell phone number.
Sales organization information.
Sales supervisor identity.
Make, model, color, registration number and proof of insurance of any vehicle(s) used to transport the sales agent, his/her supervisor, or sales materials.
Such other verifying information as may be reasonably required by the Town Clerk and/or Town of Harrison Police Department.
Upon submitting a completed application, each applicant shall be given a copy of the completed application by the Town Clerk, and each applicant shall personally deliver the copy of the completed application to the Town of Harrison Police Department. The Town Clerk should also deliver a duplicate copy of the completed application to the Town of Harrison Police Department. All applicants for a permit pursuant to Chapter 183 "Peddling, Soliciting and Do Not Knock Registry" from the Town of Harrison shall submit to fingerprinting and shall be subject to a review of their criminal history record by the Chief of Police of the Town of Harrison Police Department, or his/her designee. All fingerprints and any applicable fees must be submitted in the form and manner as prescribed by Division of Criminal Justice Services ("DCJS"). Any decision regarding a prospective applicant's fitness for a permit based upon a conviction contained in the criminal history background information obtained from the DCJS must be made upon consideration of New York State Correction Law §§ 701 through 703-b and §§ 751 through 753.
[Amended 7-18-2013 by L.L. No. 1-2013]
A person whose criminal history record background check reveals a conviction for any criminal offense, including, but not limited to, violent crimes, sexual assault, possession of a controlled substance, theft, fraud, or burglary, shall be disqualified from receiving a permit to solicit or peddle within the Town. The Harrison Chief of Police will make the determination of the applicant's fitness to receive the applied for permit. The Harrison Police Chief will submit the specific reasons for disqualification in writing to the Town Clerk's office within the time as stated in § 183-4B.
It shall be unlawful for any person to engage in the act of peddling or soliciting in this Town without first obtaining a valid permit therefor.
Veterans exempted. No provision of this chapter, except the provisions contained in Subsections E and F, respectively, of this section, shall be applicable to any person who shall have obtained and who lawfully shall be in possession of a valid subsisting permit which shall have been issued pursuant to the provisions of § 32, as amended, of the General Business Law of this state.
Local merchants and sales to local merchants exempted. No provision of this chapter, except Subsections E and F, respectively, of this section, shall be applicable to sales, at wholesale prices, of personal property to local merchants of this Town. For the purpose of this chapter, a "local merchant" hereby is defined as a merchant who maintains in this Town an established place of business; and for the purpose of this chapter, an "established place of business" is defined as a building or a portion thereof, located in this Town, wherein a local merchant transacts business and deals in such commodities as are referred to in this chapter.
[Amended 7-18-2013 by L.L. No. 1-2013]
Peddling hereby is prohibited, except between the hours of 10:00 a.m. and 8:00 p.m. House to house peddling is prohibited altogether on Sundays and holidays and on other days, except between the hours of 10:00 a.m. and 8:00 p.m.
Soliciting hereby is prohibited altogether on Sundays and holidays and on other days except between the hours of 10:00 a.m. and 8:00 p.m.
No peddling or soliciting near stores. Peddling and soliciting is hereby prohibited within a distance of 250 feet of any store in this Town wherein there is being offered for sale any commodity of any nature whatsoever and which comes under any of the classes of commodities which are enumerated in the definitions of "peddling" or "soliciting" in § 183-2.
The permit requirements contained in this chapter shall also apply to sales of or taking orders by charitable organizations as defined in § 183-2. Charitable organizations must apply to the Town Clerk to confirm the 501-c-3 status. Once 501-c-3 status has been confirmed by the Town Clerk, the Harrison Police Department will issue identification badges.
Children soliciting under the age of 16 must be accompanied by a parent, guardian or an adult over the age of 21.
This chapter shall not apply to political candidates.
Form of permits. The Town Clerk is hereby authorized and instructed to issue permits to peddle or solicit in this Town pursuant to the provisions of this chapter, which permits, in order to be valid, shall be signed by the Town Clerk, shall be sealed with the Town Seal and shall specify the trade which thereby is authorized, the kind of commodities which such permitee may peddle or solicit and the amount of the permit fee which has been paid.
Separate permit. No permit shall be issued for the peddling or soliciting of more than one of the following general classes of commodities:
Fruits and vegetables.
All other articles of merchandise and commodities not hereinabove specified. More than one permit may be issued to the same person, however, upon payment of an additional permit fee or fees prescribed therefor, for the peddling or soliciting of such other classes of commodities.
[Amended 7-18-2013 by L.L. No. 1-2013]
No permit shall be issued and none shall be valid for a period longer than one year from the date of issuance thereof, but in no event longer than until the first day of January next succeeding such date of issuance.
No permit or identification badge issued under the provisions of this chapter shall be copied, reproduced, or transferred. Any holder of such a permit or identification badge who allows it to be copied, reproduced, transferred, or used by any other person, and the person who uses such a permit or badge, shall both be deemed to be guilty of a violation of the provisions of this chapter.
An application fee shall be set by the Town Board by resolution and shall accompany each application for a Town of Harrison solicitation permit.
A permit fee shall be set by the Town Board by resolution, which includes the identification badge for each and every peddler, solicitor and sales agent. The permit fee shall be paid upon approval of the permit application.
All applicants are required to pay all fingerprinting and processing fees as prescribed by the Division of Criminal Justice Services of New York State.
[Added 7-18-2013 by L.L. No. 1-2013]
Any person who procures a permit pursuant to the provisions of this chapter shall be entitled, without being required to pay to this Town any additional permit fee for such privilege, to use, in conducting the particular peddling or soliciting business, including the transportation of door-to-door solicitors for which he holds such a permit, one vehicle answering the description of a pushcart, a handcart or a motor vehicle automobile or truck; provided, however, that there appears upon at least one side of such vehicle, legibly, in paint and in the English language, the following data, in letters and numerals of not less than 2 1/2 inches in height:
Each permit holder, under the provisions of this chapter, shall carry a copy of such permit and identification badge at all times while engaged in peddling or soliciting and shall produce and exhibit the same at any such time upon demand therefor being made by any police officer of this Town or by any citizen who resides in this Town. A refusal to comply with the provisions of this section shall constitute presumptive evidence that the person, so refusing, is peddling or soliciting without having procured a license therefor pursuant to the requirements of this chapter, and such a refusal shall be deemed to be a violation of the provisions of this chapter.
The Do Not Knock Registry shall be established and maintained by the Town Clerk's office. Residents may submit their property address for inclusion on the list without charge. An updated list will be provided to the Chief of the Harrison Police Department monthly.
Upon approval and issuance of a Town of Harrison solicitation permit, each sales agent shall be provided with a copy of the Do Not Knock Registry. It will be the responsibility of the permit holder to ensure each solicitor and sales agent has a copy of the Do Not Knock Registry.
Solicitors or peddlers shall not solicit or peddle wares at any address on the Do Not Knock Registry.
No sales agent shall engage in door-to-door sales without first having and received a Town of Harrison solicitation permit.
No sales organization shall allow any sales agent to engage in door-to-door sales that has not applied for and received a Town of Harrison solicitation permit.
No sales supervisor shall direct or supervise, or allow, any sales agent to engage in door-to-door sales that has not applied for and received a Town of Harrison solicitation permit.
No sales agent shall enter within the perimeter of any residential property included on the Do Not Knock Registry or any residence where a "No Soliciting," "No Trespassing" or similar sign is posted at or near the entrance(s) to such a residence.
No sales agent shall solicit sales from a person situated within a residential property included on the Do Not Knock Registry from a street, sidewalk or other adjacent property.
No sales agent shall engage in abusive solicitation, including but not limited to:
Blocking or impeding the passage of the person solicited;
Repeating the solicitation after the person solicited has indicated his or her objection to the solicitation;
Threatening the person solicited with physical harm by word or gesture; and
Touching the solicited person without consent.
A person who violates any permitting or registration provision of this chapter shall be punishable by a fine of not less than $500 and/or imprisonment for not more than 15 days, or both, except that for a conviction of a second and subsequent offense(s), the person shall be punishable by a fine of not less than $1,000 and/or imprisonment for a period of time not to exceed 15 days, or both.
A person who violates any other provision of this chapter shall be punishable by a fine of not less than $500 and no more than $1,000 and/or imprisonment for not more than 15 days, or both, except that for a conviction of a second and subsequent offense(s), the person shall be punishable by a fine not less than $1,000 nor more than $1,500 and/or imprisonment for a period of time not to exceed 15 days, or both.
Each day on which any violation continues shall constitute a separate offense.
The Harrison Police Department is the enforcement agency of the chapter.
All permits which may be issued pursuant to the provisions of this chapter and all such permit holders, at all times, shall be subject to such additional reasonable rules, regulations and ordinances in respect to the conducting of the business of peddling or soliciting, as hereafter may be adopted by the Town Board of this Town.
All moneys which shall be received by the Town Clerk pursuant to the provisions of this chapter forthwith shall be paid by the Town Clerk to the Supervisor in the same manner as the Town Clerk is required to remit other Town moneys.