[HISTORY: Adopted by the Town Board of the Town of Dickinson 4-10-2007 by L.L. No.
1-2007 (Ch. 81 of the 1983 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the following words and phrases
used herein are defined as follows:
Any benevolent philanthropic, patriotic, not-for-profit, educational,
religious or eleemosynary group, association or corporation, which
qualifies or could qualify as a tax-exempt organization under Section
501 of the Internal Revenue Code.
A fire company which is organized for the prevention and extinguishments
of fires.
The promise or grant of any money, credit, property, financial
assistance or any other thing of value, including payments for literature
in excess of its fair market value.
A paper that is distributed and contains news, articles of
opinion and advertising. This definition includes pennysavers and
community newspapers.
A corporation, partnership, association, joint-stock company,
society or any other entity of any kind.
Any person, either principal or agent, who, in any public
street, road or highway or open public place or from any vacant property,
whether publicly or privately owned, goes from place to place or house
to house and delivers or distributes advertising matter, literature,
pamphlets, samples or handbills or sells or offers for sale, barter
or exchange any goods, wares, food products, merchandise, service
or any other article or thing whatsoever, either in his possession
or not in his possession, either for immediate or future delivery.
A natural person.
That the peddler or solicitor must be mobile and is permitted
to remain on any Tax Map parcel within the Town for a maximum of 15
minutes during any single day, unless otherwise permitted by the Town.
A house, apartment, condominium, cooperative or mobile home,
which is used as a dwelling place or domicile by the occupant.
Any person, either principal or agent, who, in any public
street, road or highway or public place or from any vacant property,
whether publicly or privately owned, goes from place to place or house
to house and requests or accepts a contribution.
A person who solicits contributions or acts as a peddler
on behalf of a charitable organization.
A peddler or solicitor acting as such within the Town of Dickinson
shall first obtain a permit as provided in this chapter. The maximum
number of permits that shall be issued by the Town and in effect at
any one time is three. A person or organization may apply for a permit
with up to 10 solicitors working under said permit, so long as all
such solicitors are identified in the permit application.
A.
Each person or organization desiring a permit shall submit an application.
An application to act as a peddler or solicitor in the form prescribed
by the Town of Dickinson shall be submitted to the Town Clerk for
review and action and shall contain the following information:
(1)
The name, home address and local address, if any, of the applicant
and all persons to be covered by the permit, up to a maximum of 10.
(2)
A physical description of the applicant, setting forth the applicant's
age, height, weight and color of hair and eyes, which is to be used
for identification purposes only.
(3)
The name and address of the person, firm or corporation for whom
or through whom orders are to be solicited or cleared.
(4)
The nature of the goods, wares or merchandise for which orders are
to be solicited.
(5)
Honorably discharged members of the armed forces shall also state
the county from which they secured their license, pursuant to the
General Business Law, together with the date and number of such license.
(6)
A statement as to whether the applicant has been arrested or convicted
of any crime or misdemeanor and, if so, the date, location and nature
of said incident.
(7)
A statement as to the period during which the applicant intends to
solicit orders.
(8)
Such other information as the Town of Dickinson shall reasonably
require.
B.
The applicant, at the time of executing such application, shall also
submit identification, reasonably satisfactory to the Town of Dickinson,
which shall contain a sample of the applicant's signature and
photo identification for all solicitors to be covered by the permit.
C.
Following the submission of an application for a permit as required
by this chapter, the Town of Dickinson shall approve or disapprove
the application within 14 days of receipt. Any application denied
shall specify the reason. Such reason must relate to the protection
of the public safety, health, morals or general welfare of the residents
of the Town. The Town of Dickinson may deny any application by any
person who shall have been convicted of any crime or of any violation
of this chapter or who, upon investigation, is not found to be a person
of good moral character and reputation.
Such permit shall be revoked automatically upon conviction of
a crime or violation of this chapter and is subject to cancellation
or suspension by the Town of Dickinson if the permittee, or any solicitors
working under the permit, shall be found not to be a person of good
moral character and reputation.
The fee for a peddler's or solicitor's permit shall
be $25 per day.
A permit may be purchased for up to 10 days. Payment in full
must be made to the Town before the permit shall be issued.
No permit shall be issued under this chapter to any person under
the age of 18 years. However, persons under the age of 18 may act
as solicitors or peddlers for a charitable organization.
No permit shall be transferable from one person or organization
to another.
Honorably discharged members of the Armed Forces of the United
States who obtain a license pursuant to the provisions of § 32
of the General Business Law shall, in addition thereto, file further
application with the Town of Dickinson for the issuance of a local
permit. The application for such local permit shall state the veteran's
name, residence at the time of the application, nature of goods to
be sold and, if the applicant is working on a commission or percentage
basis for any person, firm or corporation, the name and business address
of such person, firm or corporation. This application shall be signed
by the applicant, and the name on this application and the original
certificate of honorable discharge shall be compared to ascertain
if the person so applying is the same person named in the original
certificate of honorable discharge. The Town of Dickinson, when satisfied,
shall issue to such former member of the Armed Forces of the United
States a permit, without charge, certifying him to be entitled to
the benefits of this chapter. An applicant who is issued a permit
under this section must still comply with all other provisions of
this chapter; provided, however, that nothing in this chapter shall
prevent or in any manner interfere with the soliciting or peddling
without the use of any but a hand-driven vehicle in any street, avenue,
alley or lane of the Town by any honorably discharged member of the
Armed Forces of the United States who is disabled as a result of injuries
received while in the service of said Armed Forces and who is the
holder of a license granted pursuant to § 32 of the General
Business Law.
Within the Town of Dickinson, soliciting or peddling is permitted
between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday.
Soliciting or peddling is prohibited outside those hours.
Except as otherwise provided herein, the following transactions
shall be exempt from the provisions of this chapter:
A.
Peddling or soliciting for a charitable organization. Such peddlers
or solicitors shall be subject to the provisions of this chapter limiting
the hours during which peddling or soliciting can occur.
B.
Peddling or soliciting by a political party or a political candidate.
Such peddlers or solicitors shall be subject to the provisions of
this chapter limiting the hours during which peddling or soliciting
can occur.
C.
The peddling of milk or farm produce by farmers who produce such
commodities.
D.
Peddling or soliciting at nonresidential premises located in the
commercial zones of the Town of Dickinson.
E.
The delivery of food, goods, wares, merchandise, magazines, periodicals,
produce, services or other commodities previously ordered by the occupant
of the premises to which the same is delivered or on which the services
are to be performed.
F.
The delivery of newspapers.
G.
The delivery of advertising matter, literature, pamphlets, samples
or handbills by representatives of the United States government or
the government of the State of New York or some political subdivision
thereof carrying out its regular duties.
The Town of Dickinson may require reports from any permittee
hereunder at any time and at such intervals as, in its discretion,
it may deem necessary for the protection for the public welfare.
No person shall sell or offer for sale, barter or exchange any
goods, wares, merchandise, magazines, periodicals, produce, service
or any other article or thing whatsoever from a temporary structure,
unless that person has obtained approval for such temporary structure
from the Town of Dickinson. These permits must be displayed at all
times in a conspicuous place outside of such place or structure.
No person shall sell or offer for sale, barter or exchange any
goods, wares, merchandise, magazines, periodicals, produce, service
or any other article or thing whatsoever, except newspaper from a
coin-operated vending machine, from any vacant property, whether publicly
or privately owned, located in the Town of Dickinson.
A.
An owner or occupant of a residential premises located in the Town
of Dickinson may post a notice as hereinafter set forth prohibiting
peddlers and solicitors. The notice shall be placed in a conspicuous
place adjacent to the main entrance door so as to be plainly visible
to a peddler or solicitor calling at the premises.
B.
It shall be the duty of every solicitor or peddler, upon going onto
private property, to first determine whether a notice prohibiting
peddlers or solicitors is posted.
C.
If the notice states "peddlers or solicitors are prohibited" or words
of similar import, then the solicitor or peddler shall immediately
and peacefully depart from the premises without delivering or leaving
advertising matter, literature, pamphlets, samples or handbills or
ringing the doorbell or otherwise disturbing the occupant.
D.
Any solicitor or peddler who has entered upon private property, whether
invited or not, shall immediately and peacefully depart from the premises
when requested to do so by the occupant.
A.
Any violation by any person, organization or solicitor of any provisions
of this chapter shall be deemed a violation punishable by a fine not
to exceed $250 and/or imprisonment for not more than 15 days for each
separate offense.
B.
Each day that a violation of this chapter is committed or permitted
to exist shall constitute a separate offense.
