[Adopted as Ch. 17 of the 1975 Municipal
Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes a building or store in which or where a person transacts
business and deals in the goods, wares and merchandise such person
hawks, peddles or solicits for during regular business hours on a
daily basis.
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from 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 vehicle, sells or barters, offers for sale
or barter or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk and newspapers.
Includes any person who goes from place to place or house
to house or by telephone or who stands in any street or public place
taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value,
except newspapers or milk, or for services to be performed in the
future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery. The term "solicitor" shall, however,
also mean and include any person taking or offering to take orders
for goods, wares or merchandise, books, magazines, periodicals or
any other item or items of value, except newspapers or milk, or for
services to be performed in the future or for making, manufacturing
or repairing any article or thing whatsoever for future delivery at
the home or residence of any person who has been solicited prior thereto
by telephone or has responded to an type of advertising media requiring
an appointment or consultation or sales presentation in the home or
place of residence of such person.
[Amended 8-5-1992 by L.L. No. 3-1992]
A.Â
Nothing in this article shall be held to apply to
any sales:
(1)Â
Conducted pursuant to statute or by order of any court.
(2)Â
By any person selling personal property at wholesale
to dealers in such articles.
(3)Â
By berry pickers who sell berries of their own picking.
(4)Â
Of peddling meats, fish, fruit and farm produce by
farmers and persons who produce such commodities.
(5)Â
By merchants having an established place of business
within the city.
(6)Â
By any person selling prepared food or other merchandise from a mobile vending cart or other vehicle that occupies one or more fixed, designated locations on City-owned property, provided such person has obtained and maintains a permit for mobile vending pursuant to Chapter 170 of this Code.
[Added 5-6-2009 by Ord. No. 2009-05]
B.Â
Nonprofit organizations and persons working for such
organizations and any honorably discharged member of the Armed Forces
or any other person who has procured a license issued by the County
Clerk as provided by § 32 of the General Business Law of
the State of New York shall also be exempt. However, such organization
or person shall register annually with the Chief of Police in the
event that it or he/she plans to engage in vending, hawking, peddling
or soliciting and shall indicate the type of activities to be undertaken
and the time when they will be performed.
C.Â
Interstate commerce. This article also shall not apply so as unlawfully to interfere with interstate commerce, and to that end all persons claiming to be engaged in interstate commerce or claiming any of the exemptions hereinabove set forth shall apply to the Chief of Police for a certificate of compliance, using the form of application described in § 232-43. The applicant shall also submit to the Chief of Police satisfactory evidence that he/she is engaged in interstate commerce.
D.Â
Certificate of compliance. When the applicant shall
have established to the satisfaction of the Chief of Police that he/she
is engaged in interstate commerce or is entitled to one or more of
the above exemptions, the Chief of Police shall issue to such applicant,
without charge, a certificate of compliance stating, among other things,
that such person has complied with the requirements of this section
and has satisfactorily established that he/she is engaged in interstate
commerce or is exempt from the requirements of this section. Such
certificate shall be carried with the person exercising it and shall
be exhibited upon demand. Each such certificate shall be invalid after
one year from its date of issue. The securing of any such certificate
by fraud or misrepresentation by an person not in fact engaged in
interstate commerce or entitled to one or more exemptions shall constitute
a violation of this article.
[Amended 8-5-1992 by L.L. No. 3-1992]
Except as otherwise provided herein, it shall
be unlawful for any person within the corporate limits of the City
to act as a hawker, peddler or solicitor as herein defined or assist
in the same without first having obtained and paid for and having
in force and effect a license therefor.
A.Â
Any person desiring to procure a license as herein
provided shall file with the Chief of Police a written application
upon a form furnished by the Chief of Police and shall file at the
same time satisfactory proof of good character. Such application shall
give:
(1)Â
The number and kind of vehicle to be used by the applicant
in carrying on the business for which the license is desired.
(2)Â
The kind of goods, wares and merchandise he/she desires
to sell or the kind of service he/she desires to perform.
(3)Â
The method of distribution.
(4)Â
The name, permanent address, City address and age
of the applicant.
(5)Â
Whether or not the applicant has been convicted of
a misdemeanor or felony and, if so, the date of conviction, the nature
of the offense, the penalty imposed and the name and address of the
court.
(6)Â
The name and address of the person, firm or corporation
the applicant represents.
(7)Â
The length of time the applicant desires the license.
(8)Â
Such other information as may be required by the Common
Council.
B.Â
If applicable, such application shall be accompanied
by a certificate from the Sealer of Weights and Measures certifying
that all weighing and measuring devices to be used by the applicant
have been examined and approved.
An application for a license as a solicitor
who demands, accepts or receives payment or deposit of money in advance
of final delivery shall also be accompanied by a cash deposit of $5,000
or a surety company bond of $5,000 or other bond secured by sufficient
collateral, said bond to be approved by the City Attorney as to form
and surety, conditioned for making final delivery of the 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 order be refunded. Any person aggrieved by the action of any
licensed solicitor shall have the right by action on the bond for
the recovery of money or damages, or both. Such bond shall remain
in full force and effect and, in case of a cash deposit, such deposit
shall be retained by the City for a period of 90 days after the expiration
of any such license, unless sooner released by the Chief of Police.
A.Â
Grant; refusal. Upon the filing of the application as provided in § 232-43, the Chief of Police shall, upon his/her approval of such application, issue to the applicant a license as provided in § 232-42 hereof. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
B.Â
Contents. All licenses shall be issued from a properly
bound book with proper reference stubs kept for that purpose, numbered
in the order in which they are issued, and shall state clearly the
kind of vehicle, if any, to be used and the kind of goods, wares or
merchandise to be sold or service to be rendered, the dates of issuance
and expiration of the license, the fee paid and the name and address
of the licensee.
A.Â
A license shall not be assignable. Any holder of such
license who permits it to be used by any other person and any person
who uses such license granted to an other person shall each be guilty
of a violation of this article.
B.Â
Every licensee, while exercising his/her license,
shall carry the license with him/her and shall exhibit the same upon
demand or, if engaged in telephonic solicitation, shall, upon each
completed call, immediately state his/her name and address and number
of his/her license.
[Amended 4-7-1982 by Ord. No. 82-5]
The following fees shall be paid for the license
herein required:
A.Â
Number limited. Any person using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler or solicitor; and when any additional persons are so employed, an additional license shall be required for each such additional person, and the fee fixed in § 232-47B shall be paid thereof.
B.Â
Identification card required. The one employee mentioned in Subsection A above who acts with a licensee shall at all times carry and on demand display a card of identification issued by the Chief of Police, which card shall contain the following information: the name of the employee, the name of the employer and the date of expiration of the employer's license. Such identification card shall be valid until the expiration of the license under which it is issued.
C.Â
Statement required. Each such employee shall file
with the Chief of Police a statement including his/her name, age,
permanent and City address and the name and address of his/her employer.
The employee shall pay to the Chief of Police a fee of $1 upon the
issuance of the identification card.
A.Â
License identification. The vehicle kept or used by
a licensee in the exercise of his/her license shall be marked on both
sides with the number corresponding to the number of his/her license
and the words "Licensed Vendor" in plain letters and figures at least
two inches in height and of such color as to be plainly read at a
distance of at least 10 feet.
B.Â
Name and address of licensee. Every vehicle used by
a licensee in or about his/her business shall have the name of the
licensee and his/her address plainly, distinctly and legibly painted
in letters and figures at least two inches in height in a conspicuous
place on the outside of each side 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.
A.Â
Commitment of violation. The Chief of Police may,
at any time, for a violation of this article or any other provision
of this Code or any law, revoke the license. When a license shall
be revoked, no refund of any unearned portion of the license fee shall
be made.
B.Â
Notice. Notice of such revocation and the reason or
reasons therefor, in writing, shall be served upon the person named
in the application by delivering the same to him/her personally or
by mailing the same to the address given in the application. Such
revocation shall be immediately effective if served personally and
shall become effective 24 hours after mailing if served by mail.
C.Â
Fraud or misrepresentation in obtaining license. Licenses
obtained by fraud or misrepresentation of any material fact shall
be wholly invalid and shall be surrendered upon demand. No refund
of the license fee shall be made.
A written statement of all orders taken by licensed
solicitors who demand, accept or receive payment or deposit of money
in advance of final delivery, setting forth the terms thereof, the
amount paid in advance, the name of the solicitor and the name of
the person or firm he/she represents, shall be given to the purchaser
at the time the money is paid to or deposited with the solicitor.
A.Â
Unlawful sales. A huckster, peddler or solicitor shall
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.Â
Sanitary conditions. A huckster, peddler or solicitor
shall keep the vehicles and receptacles used by him/her in a clean
and sanitary condition and the foodstuffs and edibles offered for
sale well covered and protected from dirt, dust and insects.
C.Â
Noises. A huckster, peddler or solicitor shall not
blow a horn, ring a bell or use any other noisy device to attract
public attention to his/her wares or shout or cry his/her wares.
D.Â
Use of vehicles. A huckster, peddler or solicitor
shall not stand or permit the vehicle used by him/her to stand in
one place in any street or public place for more than 10 minutes.
E.Â
Obstructions. A huckster, peddler or solicitor shall
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.
F.Â
Measuring devices. A huckster, peddler or solicitor
shall not use any weighing or measuring device unless the same shall
have been examined and sealed by the County Sealer of Weights and
Measures.
[Amended 8-5-1992 by L.L. No. 3-1992]
G.Â
School premises. A huckster, peddler or solicitor
shall not sell or offer for sale any product on the public highway
within one street block of any school building in the City between
the hours of 8:00 a.m. and 5:00 p.m.
H.Â
Appealing to sympathies. No peddler or solicitor shall,
in order to effectuate or assist in any sale or solicitation, represent
that he/she is engaged in any contest or in any way attempt to induce
a sale or solicitation by appealing to the sympathies of the person
so solicited.
I.Â
Soliciting on private property. No peddler or solicitor
shall canvass or solicit on any private property or in any private
or semipublic building without the consent of the owner or lessee
thereof when a notice forbidding such general canvassing or soliciting
has been conspicuously posted thereon.
A.Â
Applicability of section. The provisions of this section
shall not apply to any corporation organized under the Religious Corporations
Law nor to solicitation at the regular exercises or services of any
lodge, benevolent order or fraternity, or any branch thereof, whenever
such solicitation is made at the regularly appointed meetings and
regular places of worship or exercises of such lodge, order or fraternity.
B.Â
License and identification card required. It shall be unlawful for
any person, organization, society, association or corporation or their
agents or representatives to solicit money, donations of money or
property or financial assistance of any kind upon the streets, in
office or business buildings, by house-to-house canvass or in public
places in the City except upon a license issued by the City Manager
and an identification card issued by the City Clerk.
[Amended 11-3-2022 by L.L. No. 2022-07]
C.Â
Application for license; contents. An application to solicit funds
for any cause whatsoever, as provided for in this section, shall be
addressed to the City Manager at least two weeks in advance of the
first day of solicitation, and such application shall contain the
following information:
[Amended 11-3-2022 by L.L. No. 2022-07]
(1)Â
The name and the purpose of the cause for which permission is sought.
(2)Â
The names and addresses of the officers and directors of the organization.
(3)Â
The time for which permission is sought and the localities and places
of solicitation.
(4)Â
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such solicitation.
(5)Â
Such other information as the City Manager shall require.
D.Â
Statement of finances. It shall be the duty of the City Manager,
before granting permission to solicit funds or donations as provided
for in this section, to compel the applicant to file a signed statement
of all moneys collected in the calendar year or the fiscal year of
such organization, society, association or corporation previous to
the application and the expenditures connected therewith, together
with the names and addresses of all persons receiving wages, commissions
or emoluments and the amounts so expended.
[Amended 11-3-2022 by L.L. No. 2022-07]
[Added 5-3-1978 by Ord. No. 78-6; amended 3-5-1980 by Ord. No. 80-3]
A.Â
All religious solicitations within the City of Ithaca
corporate limits shall be subject to the applicable costs and ordinances
of the City of Ithaca as well as these regulations.
B.Â
All such solicitations shall take place only during
the daylight hours from 9:00 a.m. to 7:00 p.m.
C.Â
Advance notice shall be given to the City Manager,
in writing, at least 72 hours and not more than one month prior to
the commencement of such solicitations, including the following information:
[Amended 11-3-2021 by Ord. No. 2021-09]
D.Â
All solicitors shall refrain from overaggressiveness,
rudeness and overbearance and shall conduct themselves in a reasonable
manner.
E.Â
Breach of any of these regulations or any City ordinance
with regard to solicitations shall be grounds for immediate revocation
of permission to solicit.
F.Â
In the case that a proposed solicitor shall be found
to be unfit due to a prior conviction of a crime or due to a prior
breach of these regulations or any City ordinance with regard to solicitations,
permission for such person to solicit may be denied.
G.Â
Each solicitor must have on his/her person identification
and the current permit granted by the Ithaca Police Department.
A violation of any provision of this article
is hereby declared to be a misdemeanor and shall be punishable by
a fine not exceeding $250 or imprisonment of not more than six months,
or both.