[HISTORY: Adopted by the Board of Trustees of the Village of Pittsford
3-14-1989 as Ch. 95 of the 1989 Code. Amendments noted where applicable.]
The purpose of this chapter is to require the licensing of hawkers,
peddlers and solicitors operating within the Village in order to protect the
residents of the Village from the fraudulent and criminal practices of unscrupulous
persons posing as hawkers, peddlers or solicitors engaged in lawful business.
As used in this chapter, the following words, terms and phrases shall
have the meanings herein ascribed to them:
One who goes from place to place or from house to house or from street
to street or who stands in a street or upon a sidewalk selling, bartering
or offering for sale or barter any items whatsoever, including but not limited
to the following: goods, wares, merchandise, magazines, food products and
farm products.
One who goes from place to place or from house to house or from street
to street or who stands in a street or upon a sidewalk taking orders for any
items whatsoever, including but not limited to the following: goods, wares,
merchandise, magazines, food products and farm produce, which items are to
be delivered in the future, or for services to be performed in the future
or for making, manufacturing or repairing any article or thing to be delivered
in the future.
No person shall act as a hawker, peddler or solicitor as herein defined
within the Village limits without first having obtained a license from the
Village Mayor or his or her designated representative.
[Added 11-12-2002 by L.L. No. 6-2002]
No person acting as a hawker, peddler or solicitor, even though duly
licensed, may enter onto any premises where the owner or tenant has prominently
posted a placard prohibiting hawking, peddling, or soliciting.
A.
No license shall be issued by the Mayor or his or her
designated representative unless the following information is furnished by
the applicant for the license:
(1)
The name of the applicant, his permanent address and
temporary address.
(2)
The applicant's phone number and social security number.
(3)
The applicant's age and a brief physical description,
including height, weight and color of eyes and hair.
(4)
The applicant's driver's license number and car license
number.
(5)
The company represented and the address of the company.
(6)
A description of the items hawked, peddled or for which
orders are being solicited.
B.
The applicant shall also furnish the names of two persons
as character references and also a passport-size photograph taken within two
months preceding the application.
A.
The fees for licenses issued pursuant to this chapter
shall be as set forth from time to time by resolution of the Board of Trustees.
B.
Exemption to fee requirements.
(1)
No charge shall be made for the licensing of a veteran
or the widow of a veteran, provided that such veteran or his widow shall be
residents of Monroe County and shall have in effect and shall exhibit to the
Mayor or his or her designated representative a Monroe County license issued
pursuant to § 32 of the General Business Law of the State.
(2)
No person shall be required to pay a license fee under
this chapter who has a valid license issued by the New York State Department
of Social Welfare or who is acting as a hawker, peddler or solicitor on behalf
of a religious, charitable, fraternal, service or civil organization.
(3)
No person who calls at business places exclusively or
at only those places where he has been requested by telephone or by letter
to call shall be required to pay a license fee under this chapter.
(4)
No person who deals exclusively in milk, milk products,
newspapers or farm products produced by him or his employer shall be required
to pay a license fee under this chapter.
The Mayor or his or her designated representative shall revoke the license
of any person who has made a false statement on his license application or
who has been convicted of a crime while having in effect a license issued
under this chapter. Notice of revocation shall be sent immediately to such
person at the permanent address listed on the license application.
Each licensee under this chapter, when acting as a hawker, peddler or
solicitor, shall display his license in the holder provided by the Village,
which holder shall be affixed to the chest area of the licensee's outer garment.
The Mayor or his or her designated representative shall file and retain
each application for a hawker's, peddler's or solicitor's license for a period
of 10 days following the date of the application. He or she shall also keep
a record of all licenses issued under this chapter and shall note thereon
all revocations of licenses.
A.
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in or the pendency of a civil action of law or in equity shall
be a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
