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