As used in this chapter, the following terms shall have the meanings
indicated:
HAWKER AND PEDDLER
Any person, either principal or agent, who, from a boat or a car
or from any vehicle, or in any public street or public place, or by going
from house to house, on foot or on or from an animal or vehicle, sells or
barters, or offers for sale or barter, or carries or exposes for sale or barter,
any goods, wares or merchandise.
PERSON
One or more persons of either sex, natural persons, corporations,
partnerships, associations and all entities of any kind capable of doing business.
SOLICITOR
Any person who goes from place to place or house to house, or who
stands in any street or public place, taking or offering to take orders for
goods, wares or merchandise.
VEHICLE
Any cars, trucks, wagons, carts or other means of transportation
of persons or commodities, or locomotion.
No person shall hawk, peddle, solicit or travel through the Town of
Putnam Valley for the purpose of hawking, peddling or soliciting within the
town goods, wares, merchandise, farm products or farm produce or other articles
of commerce, except peddlers of meats, fish, fruit and farm produce peddled
by the farmers and persons who have produced the commodities which they sell,
or their servants or employees, in any part of the Town of Putnam Valley,
without a license as a peddler granted by the Town Clerk. A written application
containing such information as the Town Clerk shall require shall be filed
with the Town Clerk, signed by the applicant or his or her authorized agent,
for permission to peddle and hawk the aforesaid goods. Simultaneously with
the filing of said application, he or she shall pay to the Town Clerk the
fees as set forth from time to time by resolution of the Town Board, which
the Town Clerk shall thereafter deliver to the Town Supervisor, by him or
her to be deposited to the credit of the Town of Putnam Valley.
The Town Clerk shall, upon payment of the fees and upon the filing of the application as provided in §
86-2, grant a license signed by him or her, or his or her deputy, authorizing the applicant to trade within this town as a peddler, hawker or solicitor for a term of one year, such year being deemed to start on the first day of July of each year. Every such license shall be renewed on the expiration thereof by the Town Clerk on the same terms and conditions and upon the payment of the fees required under an original application, if the renewal be applied for. No license issued under this chapter shall be assignable. All fees are to be paid over by the Town Clerk to the Town Supervisor and deposited to the credit of the Town of Putnam Valley. No license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare.
The Town Clerk 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 of an 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 Clerk upon the person named in the application, or by
mailing the same to the address given in the application. A copy of such notice
shall be filed in the office of the Town Clerk.
Every person peddling within this town and having a license in accordance
with the provisions of this chapter shall produce such license and exhibit
the same to any officer or citizen who demands the production of the same.
The refusal of any such person to produce a license when demanded shall be
presumptive evidence that he or she is traveling and trading without a license.
A licensed hawker, peddler or solicitor shall:
A. Not stand or permit the vehicle used by him or her to
stand in one public place for more than 10 minutes, or in front of any premises
for any time if the owner or lessee of the ground floor thereof objects.
B. 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.
C. Keep the vehicle and receptacle used by him or her in
a clean and sanitary condition and the foodstuffs and edibles offered for
sale well covered and protected from dirt, dust and disease.
D. Not permit any vehicle used to stop or remain on any
crosswalk.
E. Not create or maintain any booth or stand, or place in
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.
The violation of any of the provisions of this chapter shall be punishable
by a maximum fine of $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
No part of this chapter shall be enforced so as to conflict with the
laws of the State of New York providing for exemptions for veterans.