Town of Boston, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Boston 5-4-60. Section 84-15 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES

Noise — See Ch. 73.

§ 84-1
Definitions. 

§ 84-2
Permit and license required. 

§ 84-3
Application for license. 

§ 84-4
Issuance or denial of license. 

§ 84-5
License fees. 

§ 84-6
Plates for vehicles. 

§ 84-7
Exhibition of license. 

§ 84-8
License nontransferable. 

§ 84-9
Use of streets. 

§ 84-10
Prohibitions. 

§ 84-11
Exemptions. 

§ 84-12
Enforcement. 

§ 84-13
Reports of violations. 

§ 84-14
Revocation of license; notice of hearing. 

§ 84-15
Penalties for offenses. 

For the purpose of this chapter, certain words used herein are defined as follows:

PEDDLER
Includes any person, whether a resident of the Town of Boston or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a "peddler" subject to the provisions of this chapter. The word "peddler" shall include the words "hawker" and "huckster."
PERSON
Includes the singular and the plural and also means and includes any person, firm or corporation, association, club, copartnership or society or any other organization.

It shall be unlawful for any person to engage in the business of peddler as defined in § 84-1 within the corporate limits of the Town of Boston without first obtaining a permit and license therefor as provided herein.

Applicants for a license under this chapter must file with the Town Clerk a sworn application in writing (in duplicate) on a form to be furnished by the Town Clerk, which shall give the following information:

A. 

Name and description of applicant.

B. 

Address of applicant.

C. 

A brief description of the nature of the business and the kind of goods or property to be peddled.

D. 

A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

E. 

Two photographs of the applicant, taken not more than 60 days prior to the date of filing of the application, which pictures shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

F. 

Statement that the applicant is a citizen and whether citizenship was obtained by birth or naturalization; if by naturalization, the date and place where obtained.

G. 

If employed by the owner of a licensed vehicle, the name and address of such employer, together with credentials establishing the exact relationship.

H. 

If for a vehicle license, a description of the vehicle, together with license number or other means of identification.

I. 

If applicant is a company, the name and address and title of an officer of the company upon whom process or other legal notice may be served.

A. 

If the application should disclose that the applicant has been convicted of a felony or if the application should disclose the applicant to have been convicted of a misdemeanor, which misdemeanor in the judgment of the Town Clerk renders the applicant unfit or undesirable, the Town Clerk shall notify the applicant that his application is disapproved and no license will be issued on said application.

B. 

The Town Clerk may refuse to issue a license to a person who, in the judgment of the Town Clerk, is an undesirable person or incapable of properly conducting himself as a peddler.

C. 

If the application discloses that the applicant has not been convicted of a felony or misdemeanor as defined above and if the Town Clerk does not determine the applicant to be an undesirable person or a person incapable of properly conducting himself as a peddler, upon the approval by the Town Clerk and the payment of the prescribed license fee by the applicant, the Town Clerk shall prepare and deliver to the applicant his license. Such license shall contain the seal of the Town and the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the kind of good to be peddled thereunder, the amount of fee paid, the license number, the date of issuance and the date of expiration of such license, as well as the state license number or other identifying description of vehicle if for a vehicular license.

D. 

The Town Clerk shall keep a record of all licenses issued.

A. 

License fees required by this chapter shall be as set forth in the Schedule of Fees, as adopted by the Town Board of the Town of Boston.

[Amended 10-4-2000 by L.L. No. 2-2000]

B. 

The annual fee herein provided for shall be assessed on a calendar year basis, and all licenses shall expire on the 31st day of December immediately following the date of issuance. There shall be no reduction in fees for fractional parts of the year.

For each vehicle licensed under this chapter, the Town Clerk shall issue a metal or plastic license plate which shall bear the word "Peddler," the number of the license and the calendar year for which such license is issued, in figures plainly discernible. Said license plate shall be attached to the rear of each vehicle in a conspicuous place and shall be kept clear and readable at all times.

Every peddler licensed under this chapter shall have his license in his immediate possession at all times when peddling and shall display the same upon demand of any person.

No license or license plate issued under the provisions of this chapter may be transferred from one person to another person or from one vehicle to another vehicle.

A. 

No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall be be permitted a stationary location, nor shall be be permitted to operate in any congested area where his operation might impede or inconvenience the public. For the purpose of this chapter, the judgment of any police officer exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

B. 

No peddler shall conduct business on the following roads within the Town of Boston between 11:00 a.m., local time, and 9:00 p.m., local time, due to traffic hazards caused by the stopping or passing automobiles; nor shall be conduct his business in such proximity to said roads as shall cause or shall be liable to cause automobiles on such roads to stop for the purpose of trade:

(1) 

Boston State Road, U.S. Route 219.

(2) 

Abbott Road.

(3) 

Chestnut Ridge Road, U.S. Route 277.

(4) 

Zimmerman Road.

(5) 

Back Creek Road.

(6) 

Patchin Road.

(7) 

Mill Street and Boston Cross Road.

(8) 

Boston Colden Road.

(9) 

Trevett Road.

(10) 

Brown Hill Road.

A. 

It shall be unlawful for any person to enter upon private or public property for the purpose of peddling before the hour of 9:00 a.m. of any day or after the hour of 9:00 p.m. of any day except upon the invitation of the householder or occupant.

B. 

No peddler shall peddle, vend or sell his goods or wares within 200 feet of any church or place of worship or any other place occupied exclusively as a public or private school or for school purposes, nor permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property.

C. 

No peddler nor any person in his behalf shall shout, make any outcry or blow a horn upon any of the streets, alleys, parks or other public places of the Town or upon any private premises or any other place in the Town where sound of sufficient volume is emitted or produced therefrom as to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public or private places for the purpose of attracting attention.

With the exception of the provisions of § 84-9 as they apply to Boston State Road and roads designated in § 84-9B(2) through (10) only, this chapter shall not apply to the following:

A. 

Charitable, nonprofit or religious organizations.

B. 

The peddling of meats, fish, fruit and farm produce by farmers and persons who produce such commodities.

C. 

Honorably discharged veterans of the Armed Forces of the United States who have obtained a veteran's license from the Erie County Clerk to hawk, peddle or vend pursuant to law.

D. 

Persons maintaining a regular delivery route in the Town of Boston.

E. 

Persons under 18 years of age.

F. 

A person or persons licensed by the State of New York to conduct the specific business or businesses to which the provisions of this chapter would otherwise be applicable.

G. 

Commercial salesmen or deliverymen calling exclusively upon retail or wholesale establishments or other business firms within the Town of Boston.

It shall be the duty of any police officer of the Town of Boston to require any person seen peddling and who is not known by such police officer to be duly licensed to produce his peddler's license, and to enforce the provisions of this chapter against any person found to be violating the same.

The Police Department shall report to the Town Clerk all convictions for violation of this chapter, and the Town Clerk shall record the reports of such violations.

A. 

Licenses issued under the provisions of this chapter may be revoked by the Town Board of the Town of Boston, 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.

(3) 

Any violation of this chapter.

(4) 

Conviction of a felony or a misdemeanor which in the judgment of the Town Board renders the applicant unfit or undesirable.

(5) 

Conducting the business of peddling 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.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Any person committing an offense against the provisions of this chapter shall be guilty of a violation punishable by a fine of not more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.