Town of Clarence, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 5-11-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 57.
Town property and facilities — See Ch. 143.
Signs — See Ch. 181.

§ 147-1 Title.

[Amended 7-22-1992 by L.L. No. 1-1992]
This chapter shall be known as the "Peddlers, Hawkers and Solicitors Ordinance of the Town of Clarence."

§ 147-2 Purpose.

It is the purpose of this chapter to promote the health, safety, morals and general welfare of the inhabitants of the Town of Clarence by the regulating and controlling of peddlers, hawkers and solicitors conducting business in the Town of Clarence.

§ 147-3 Definitions and word usage.

For the purpose of this chapter, the following words, as used herein, shall be considered to have the meanings herein ascribed thereto:
ESTABLISHED PLACE OF BUSINESS
A building or store in which a person transacts business and deals in goods, wares and merchandise he hawks, peddles, solicits or vends.
HAWKER and PEDDLER
Except as hereinafter expressly provided, any person, either principal, employee or agent, who, in any public street or public place or in an open area on private property adjacent to a public way or by going from house to house or place of business on foot or from any animal or vehicle standing on a street, sells or barters, offers for sale or solicits or carries or exposes for sale or barter any goods, wares or merchandise or services, except as hereinafter exempted.
PERSON
One (1) or more persons of either sex, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind.
SOLICITING
Includes any one (1) or more of the following activities:
A. 
Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description whatever for any kind of consideration whatever.
B. 
Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character.
C. 
Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type of publication.
D. 
Seeking to obtain gifts or contributions of money, clothing or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization or project.
TEMPORARY STRUCTURE
A store, room, building, tent, enclosure, lean-to or structure of any kind intended to be occupied for the period of time necessary to peddle, hawk, solicit or vend the merchandise or products therein housed initially, with or without the intent to replenish or restock such goods, wares and merchandise sold therein. In all prosecutions for a violation of this chapter, the intent of the defendant to conduct an established place of business shall be a burden of proof imposed upon the defendant in such prosecution.

§ 147-4 License required for individuals.

No person shall barter, purchase and/or sell, peddle, hawk, solicit or vend goods, wares, merchandise, food, food products, plants, Christmas trees or services upon the streets, roads or public places of the Town or by going from house to house soliciting purchases or services or otherwise, and no person shall deliver or peddle advertising matter or so-called "handbills" upon the streets, roads, highways or public places of the Town or by going from house to house unless a license shall first have been obtained from the Town Clerk therefor, unless otherwise provided herein.

§ 147-5 License required for vehicles.

A. 
No vehicle of any kind or description drawn by an animal or animals or propelled by hand, foot, motor vehicle or other power shall be used for the barter, purchase and/or sale of goods, wares, merchandise, food, food products, plants, Christmas trees or services upon the streets, roads, highways or public places of the Town unless a license shall first have been obtained from the Town Clerk therefor, which license shall at all times be displayed in a conspicuous place on the exterior driver's side of such a vehicle.
[Amended 7-22-1992 by L.L. No. 1-1992]
B. 
All motor vehicles and vehicles subject to State Department of Motor Vehicles laws shall be in compliance and shall be maintained properly.

§ 147-6 License required for property or premises.

No person shall barter, purchase and/or sell, peddle, hawk, solicit or vend goods, wares, merchandise, food, food products, plants, Christmas trees or the like or services of any nature upon lands in the Town of Clarence nor from such property/premises with or without any structure unless a license or permit to do so has previously been obtained by him/her from the Town Clerk, which license must be at all times displayed on a conspicuous place on the outside front of such property/premises, structure or vehicle.

§ 147-7 License required for temporary structure or stand.

No such license or permit shall be issued by the Town Clerk for the activities described in the foregoing section from a structure of a temporary nature or stand until the applicant first obtains written approval from the Town Building Department.

§ 147-8 Deposit required for temporary structure or stand.

[Amended 7-22-1992 by L.L. No. 1-1992]
In addition to the license or permit fee provided for by this chapter, the applicant shall, at the time of filing his application for a license or permit for any activity regulated by this chapter, make a deposit of one hundred fifty dollars ($150.), by certified check or money order, to insure the removal of any temporary structure, rubbish or debris, unsold Christmas trees or the like from the premises. The holder of any license or permit issued pursuant to this section and the owner of the premises upon which the activities regulated hereby are conducted shall at all times maintain said premises free from all garbage, rubbish and debris, and upon cessation of such activities or the termination of the license or permit issued hereunder, whichever shall occur first, shall remove all garbage, rubbish and debris and unsold Christmas trees or the like and temporary structures from the premises within seventy-two (72) hours. In the event that the holder of the license or permit issued pursuant to this section or the owners of said premises shall fail to comply with this requirement, the Superintendent of Highways and/or such persons as may be authorized by him or by the Town Board are authorized to enter upon said premises and to remove all garbage, rubbish, debris, unsold Christmas trees or the like and temporary structures from the premises and dispose of the same. There shall be no liability on the part of the Town of Clarence, its officers or employees or other persons authorized by the Town Board to any person, firm or corporation on account of such entry and removal. The costs of the removal of said garbage, rubbish, debris, unsold Christmas trees or the like and temporary structures shall be paid by the owner or the applicant, including Town employee compensation, and shall be a charge against and may be deducted from the cash deposit made pursuant to this section.

§ 147-9 Location on property restricted.

No temporary structure, stand or table, goods, wares, merchandise, food, food products, Christmas trees or plants shall be placed or displayed nearer to the road right-of-way (ROW) than twenty-five (25) feet or closer to either side line of the property than twenty-five (25) feet. Corner lots shall maintain the same minimum setback requirements.

§ 147-10 Size of temporary structures or stands limited.

All temporary structures or stands shall be limited in size as outlined herein. They shall be:
A. 
Not more than eight (8) feet in height, measured from ground level to the highest part of said structure, stand or table.
B. 
Not more than twelve (12) feet in width or length, measured from the exterior dimensions (end to end) of said structure, stand or table.
C. 
Not more than six (6) feet in depth, measured from the exterior dimensions (front to back) of said structure, stand or table.

§ 147-11 License application.

Every applicant for a license is required to submit to the Town Clerk a written application supplying, under oath, his/her name and also, if a firm, the name of the corporation or company, his/her address, the age of the applicant, his/her telephone number, the type of business to be conducted, the name of the products or services offered to the public and other required information on the application, such as his/her driver operator's license and state registration of motor vehicle number and the year and make of the vehicle.

§ 147-12 Proof of responsibility.

All applicants for licenses under this chapter shall produce proof satisfactory to the Town Clerk of good moral character and financial responsibility and that such activity shall not endanger the safety of users of any adjacent public highways.

§ 147-13 Written approval from property owner required.

All applicants who shall be conducting activities described in this chapter on privately owned property/premises shall produce to the Town Clerk written approval, including the expiration date of the approval, subscribed by the owner's notarized signature, and also a statement absolving the Town of Clarence from all responsibilities and liabilities during the term of the license.

§ 147-14 Waiting period.

There shall be a five-business-day waiting period from the time the completed application is received by the Town Clerk until the time the license or permit is issued to the applicant.

§ 147-15 Display of license.

A. 
Any person issued a license or permit shall allow any individual(s) to view said license upon demand.
B. 
Any licensee refusing to display his/her license or permit shall be considered in violation of this chapter and shall be subject to revocation of said license.

§ 147-16 Licenses to be issued separately.

No license to barter, purchase and/or sell, peddle, hawk, solicit or vend as herein referred to shall be included in a vehicle license, but every such license to barter, purchase and/or sell, solicit or vend shall be issued separately under the conditions in this chapter.

§ 147-17 Issuance of license.

Upon receipt of the application and of the license fee and/or deposit as required under § 147-19 and if reasonably satisfied with the applicant's qualifications, the Town Clerk may issue a license to the applicant specifying the particular business authorized and the location whereat it may be conducted. This license shall be nontransferable and shall be in the continued possession of the licensee while engaged in the business licensed.

§ 147-18 Expiration of license.

Any license provided for under this chapter shall expire ninety (90) days after the date of issuance thereof, unless canceled prior thereto by order of the Town Clerk or Town Board.

§ 147-19 License fees; deposit.

[Amended 7-22-1992 by L.L. No. 1-1992]
A. 
For each vehicle hereinbefore described, the license fee shall be fifty dollars ($50.).
B. 
For each person bartering and/or selling, peddling, hawking, soliciting or vending from a licensed vehicle, basket or other receptacle or on foot, the license fee shall be fifty dollars ($50.) (except for a person working solely within a temporary structure under Subsection C).
C. 
For each structure of a temporary nature or stand and/or table hereinbefore described, the license fee shall be fifty dollars ($50.).
D. 
The deposit for a structure of a temporary nature or stand, to assure cleanup and/or removal of all garbage, rubbish, debris, unsold Christmas trees or the like, shall be one hundred fifty dollars ($150.), as provided for in § 147-8.

§ 147-20 Appeals.

[Amended 7-22-1992 by L.L. No. 1-1992]
Any person aggrieved by the action of the Town Clerk in the denial of a license shall have the right to appeal to the Town Board of Clarence. Such appeal shall be taken by filing with the Town Clerk within ten (10) days after denial a written statement setting forth fully the grounds for the appeal. The Town Clerk shall set a time and place for the hearing of such appeal, reasonable notice of which shall be given to the applicant. Notice of the hearing 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 (5) days prior to the date set for hearing. The decision of the Town Board on such appeal shall be final and conclusive.

§ 147-21 Signs and displays.

No peddler, hawker or solicitor may place a sign or other display advertising merchandise or products upon any public place or right-of-way (ROW) in the Town or upon any private property.

§ 147-22 Unlawful acts.

No licensee shall permit the following on the licensed premises:
A. 
Shouting or crying out.
B. 
Musical instruments, drums, sound-making devices or amplifiers played or used in such manner as to be heard on any abutting and/or adjacent residential property.
C. 
Activity or conduct in violation of any municipal, state or federal laws or duly enacted ordinances or regulations.

§ 147-23 Restrictions.

A. 
No license under this chapter shall be valid except during the hours of 9:00 a.m. to 9:00 p.m. on Monday through Saturday of each week. No license shall be valid on Sundays or legal holidays, except by written permission of the Town Clerk.
B. 
No licensee hereunder shall falsely or fraudulently misrepresent the quantity, character or quality of any article offered for sale or service to be rendered.
C. 
It shall be unlawful for any licensee to enter upon any premises or property or to ring the bell or knock upon any premises or enter any building wherein there is painted or otherwise affixed or displayed to the public view any sign containing any of the following words: "no peddlers," "no solicitors" or "no agents" or other wording, the purpose of which purports to prohibit peddling or soliciting upon the premises.
D. 
No licensee shall stand or permit the vehicle used by him to stand in one (1) place in any public place or street for more than ten (10) minutes or in front of any premises for any time if the owner or a lessee of the premises thereof objects or in any place if traffic is thereby obstructed.
E. 
No licensee shall park or stand any vehicle used by him hereunder or engage in licensed or other activities within five hundred (500) feet of the grounds of any place of worship, public school or municipal or public building without special written permission of the Town Clerk.

§ 147-24 Return of deposit.

Upon expiration of the license and/or termination of the business and after inspection of the premises by the Code Enforcement Official and upon approval that the premises has been free and clear of temporary structures or stands, tables, garbage, refuse, debris, rubbish, unsold Christmas trees and the like as referred to in this chapter under § 147-8, the Town Clerk shall request from the Town Board permission to return the deposit to the licensee.

§ 147-25 Exceptions from license fees.

A resident and/or resident farmer of the Town of Clarence growing, producing or catching fish, poultry, meat, fruits, flowers, plants, farm or garden produce and nursery products may sell such products on the premises he/she owns and where such commodities are produced, raised or caught without payment of a license fee. The issuance of a license, however, is required.

§ 147-26 Exceptions from licensing.

A. 
The purpose of this chapter shall not be construed to require permits for delivery vehicles owned or used by grocers, bakers, fast-food services or prepared foods, drug prescription delivery or other commodities previously ordered from other persons, firms or corporations having a store, storehouse, warehouse or place of business for the sale or distribution of or an establishment for the manufacture of the merchandise carried in said vehicles nor for the drivers or operators of said vehicles.
B. 
The provisions of this chapter shall not apply to the following:
(1) 
Any person who shall be a representative of the United States or New York State Government or some political subdivision or agency thereof acting in the carrying out of his/her governmental duties.
(2) 
The selling, hawking, peddling, soliciting or vending by a disabled veteran of the United States Armed Forces who has a license from the Erie County Clerk pursuant to § 32 of the General Business Law.
[Amended 7-22-1992 by L.L. No. 1-1992]
(3) 
Any person soliciting at the express invitation of the person solicited or serving an established customer.
(4) 
A wholesaler selling articles to dealers or merchants who have an established place of business within the Town of Clarence.
(5) 
A child or student regularly attending any public, parochial or private school located within the Town of Clarence or a representative of any established church maintaining a place of worship within the Town or a member of a veterans' organization which has and maintains a chapter, post, lodge, camp or other group within the Town of Clarence or a member of a fraternal organization or civil group, provided that such fraternal organization or civic group maintains a chapter or local organization within the Town of Clarence, and further provided that any person coming within the provisions of these exemptions shall only peddle or solicit in connection with an authorized activity of the school which he/she attends.
(6) 
Auction sales held pursuant to law by a Sheriff or other officer authorized by law to conduct such sale.
(7) 
Any person engaged in the promotion of a political campaign of a recognized political party or a political candidate for election to public office.
(8) 
Any recognized charitable organization as determined by the Town Clerk.

§ 147-27 Revocation of license.

A. 
Licenses issued under the provisions of this chapter may be revoked by the Town Clerk after notice for any of the following causes:
(1) 
In the event that such roadside activities produce a hazardous operation or condition to the public regarding the parking, standing or operation of a motor vehicle on or adjacent to a public highway which would restrict, impede or interfere with the normal flow of traffic and/or endanger the safety of any person(s) using said highway or pedestrians in the vicinity of said highway.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business as peddler or solicitor.
(3) 
Fraud, misrepresentation or false statement made in the application for a license.
(4) 
Any violation of this chapter.
(5) 
Conviction of any crime or misdemeanor involving moral turpitude.
(6) 
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 (5) days prior to the date set for hearing.
C. 
The Town Clerk, upon receiving information giving him/her reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section or has been indicted or charged with or for any crime or offense or has been convicted of any crime or offense, may forthwith temporarily suspend such license until a hearing is held for him by the Town Board as provided herein.

§ 147-28 Penalties for offenses.

[Amended 7-22-1992 by L.L. No. 1-1992]
Every violation by any person, firm, association or corporation of any of the provisions of this chapter shall, upon conviction therefor, subject such person, firm, association or corporation to a fine of not more than two hundred fifty dollars ($250.) per day of violation or imprisonment for a period not exceeding fifteen (15) days for each such offense, or by both such fine and imprisonment. Every day or part thereof that such violation shall continue shall be deemed to be a separate and distinct violation of the provisions of this chapter.