As used in this chapter, the following terms
shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
SOLICITOR
Includes any person who goes from place to place or house
to house or who stands in any street or public place or place generally
accessible to the public taking or offering to take orders for goods,
wares or merchandise, except newspapers or milk, or for services to
be performed in the future or for making, manufacturing or repairing
any article of thing whatsoever for future delivery.
VENDOR, HAWKER AND PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who, from any boat or car or on a railroad
tract or in any public street or public place or place generally accessible
to the public 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 or
newspapers.
[Amended 3-19-1997 by L.L. No. 5-1997]
It shall be unlawful for any person within the
corporate limits of the Town of Milton to act as a vendor, hawker,
peddler or solicitor as herein defined without first having obtained
and paid for and having in force and effect a license therefor. The
fee for said license shall be as set from time to time by resolution
of the Town Board and shall be on file in the Town offices.
[Amended 3-19-1997 by L.L. No. 5-1997; 4-28-2021 by L.L. No. 3-2021]
The license fee shall be as set from time to time by resolution
of the Town Board and shall be on file in the Town offices. If the
licensee shall have more than one person to whom or vehicle for which
he desires a license issued, there shall be an additional fee for
each license so issued as set from time to time by resolution of the
Town Board and shall be on file in the Town offices. An application
for license is for the calendar year and shall expire on the 31st
of December of the year it is in effect and must be renewed every
year thereafter. Applications may be issued for less than a calendar
year yet no license shall be issued for less than a calendar-year
fee.
Every vehicle used by a licensed vendor, hawker,
peddler or solicitor in or about his business shall have the name
and address of the licensee plainly, distinctly and legibly displayed
in letters and figures at least two inches in length in a conspicuous
place on the outside of the left and right side of every such vehicle,
and such name shall be kept so displayed plainly and distinctly as
all times while such vehicle is in use during the continuance of the
license.
The Town Board may, at any time, for a violation
of this chapter or any other ordinance or any law, revoke any license.
When a license shall be revoked, no refund or any unearned portion
of the license fee shall be made. Notice of such revocation and the
reason or reasons therefor, in writing, shall be served by the Town
Board upon the person named in the application or by mailing the same
to the address given in the application.
A licensed vendor, hawker, peddler or solicitor
shall:
A. Not falsely or fraudulently misrepresent the quantity,
character or quality or any article offered for sale or offer for
sale any unwholesome, tainted or diseased provisions of merchandise.
B. Not use the license provided by the Town after the
expiration or revocation of the license represented by him.
C. Keep the vehicles 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.
D. Not blow a horn, ring a bell or use any other noisy
devise to attract public attention to his wares or shout or cry out
his wares.
E. Not stand or permit the vehicle used by him to stand
in one place in any public place or street for more than 10 minutes
or in front of any premises for any time if the owner of or lessee
of the ground floor thereof objects.
F. Not sell any wares within 250 feet of any school between
the hours of 8:00 a.m. and 4:00 p.m. on school days.
G. Not permit any vehicle used by him to stop or remain
on any crosswalk.
H. 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.
I. Not stand in any public street to hawk his wares.
J. Not state or imply that the issuance of the license
in any way represents approval, endorsement or guaranty by any part
of the government of the Town of Milton.
[Amended 3-19-1997 by L.L. No. 5-1997]
Any person who himself or by his clerk, agent
or employee shall act as a vendor, hawker, peddler or solicitor, as
herein defined, without a license or shall violate any of the provisions
of this chapter or who, having had his license revoked, shall continue
to act as a vendor, hawker, peddler or solicitor shall be liable to
a fine of not more than $250 or a term of imprisonment not exceeding
15 days, or both, for each offense.