[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 5-6-1991 by L.L. No. 5-1991. Amendments noted where
applicable.]
This chapter is enacted for the purpose of regulating
the distribution of certain materials, peddling, soliciting and related
activities within the Village of Tarrytown. The registration of persons
engaged in the above-mentioned activities is required so that the
identity of persons going door to door or distributing materials within
the village may be established; the rights of legitimate businesses
may be protected; general regulations may be more effectively enforced;
the health, safety and welfare of the inhabitants of the village may
be protected and maintained; and dishonest business practices and
dishonest solicitation of funds in the village may be prevented.
For the purpose of this chapter, the following
words, as used herein, shall be considered to have the meanings herein
ascribed thereto:
A building or store in which a person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits.
Except as hereinafter expressly provided, any person, either
principal 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 on or from any
animal or vehicle standing in a street, sells or barters, offers for
sale or barter or carries or exposes for sale or barter any goods,
wares or merchandise, except as hereinafter exempted.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind.
Includes any one or more of the following activities:
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.
Seeking to obtain prospective customers for
application or purchase of insurance of any type, kind or character.
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type of publication.
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.
[Amended 9-20-2010 by L.L. No. 12-2010]
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Village where there are employees for soliciting orders from customers and delivering the same; to farmers and persons who produce such commodities; or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of 50 miles of the Village of Tarrytown. All persons named above shall be subject to restrictions hereinafter delineated in §§ 225-7, 225-8, 225-9, 225-10 and 225-16. Any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York shall not have to comply with the provisions of §§ 225-4, 225-5 or 225-6 and any fees associated with obtaining a certificate, provided that a copy of a valid license so issued is provided to the Village Clerk.
[Amended 1-4-1999 by L.L. No. 2-1999]
Every person desiring to engage in soliciting,
hawking and peddling, as herein defined, from persons in residences
on any public property or in any public place, within this municipality,
is hereby required to make written application for a certificate of
registration as hereinafter provided. Such certificate shall be carried
by the solicitor, hawker or peddler.
A.
Application for a certificate of registration shall be made upon
a form provided by the Village. The applicant shall truthfully, under
penalty of perjury, state in full the information requested on the
application as follows:
[Amended 7-15-2019 by L.L. No. 5-2019]
(1)
The name and address of his or her present place of residence and
the length of residence at such address; also his or her business
address if other than his or her present address. If the applicant
has resided at his or her present place of residence for less than
two years, he or she shall provide the address(es) of his or her prior
places of residence for a three-year period.
(2)
The age of the applicant.
(3)
A physical description of the applicant.
(4)
The name and address of the person, firm or corporation or association
whom the applicant is employed by or represents and the length of
time of such employment or representation.
(5)
A description sufficient for identification of the subject matter
of the soliciting in which the applicant will engage.
(6)
The period of time for which the certificate is applied.
(7)
The date or approximate date of the latest previous application for
a certificate under this chapter, if any.
(8)
Whether or not a certificate of registration issued to the applicant
under this chapter has ever been revoked.
(9)
Whether or not the applicant has ever been convicted of a misdemeanor
or a felony under the laws of the state or any other state or federal
law of the United States.
(10)
Whether or not the applicant or representative has ever been
denied a registration or had a registration revoked; if so, from where,
when and why.
B.
All statements made by the applicant upon the application
or in connection therewith shall be under oath.
C.
Within 15 business days of receipt of a complete application, the
Village Clerk shall either deny the application or grant the certificate
of registration with a copy to the Village of Tarrytown Police Department.
The Village Clerk shall cause to be kept in her/his office an accurate
record of every application received and acted upon, together with
all other information and data pertaining thereto, and all certificates
of registration issued under the provisions of this chapter and of
the denial of applications. Applications for certificates shall be
numbered in consecutive order as filed, and every certificate issued
and any renewal thereof shall be identified with the duplicate number
of the application upon which it was issued.
[Amended 7-15-2019 by L.L. No. 5-2019]
D.
In the Village Clerk's discretion, a certificate of registration
may not be issued to any person who has been convicted of the commission
of a crime under the laws of the state or any other state or federal
law of the United States; to any person who has been denied other
permits for good cause; to any person who has been convicted of a
violation of any provisions of this chapter, or to any person whose
certificate of registration issued hereunder has previously been revoked
as herein provided or who has a history of complaints from our or
other communities.
[Amended 7-15-2019 by L.L. No. 5-2019]
E.
On or before the date that the person(s) with the certificate of
registration commences door-to-door peddling and/or soliciting in
the Village, that person(s) shall first appear at the Village of Tarrytown
Police Department and provide a valid photo identification issued
by a governmental agency. The Police Department shall perform identification
verification ("ID verification"). Should the ID verification of the
person(s) seeking to peddle and/or solicit door to door in the Village
provide information to the Police Department indicating falsified
information submitted to the Village, or indicating charges and/or
convictions relating to offenses that may put the public at risk in
relation to door-to-door interactions, including but not limited to
sexual offenses, theft and burglary offenses and fraud offenses, that
person(s) shall not be permitted to peddle and/or solicit door to
door in the Village and shall not be issued a license to be supplied
by the Village. Should the person(s) seeking to peddle and/or solicit
door to door in the Village not have a valid photo identification
issued by a governmental agency, that person(s) shall not be permitted
to peddle or solicit door to door and shall not be issued a license
to be supplied by the Village. Based upon the Police Department's
review of the ID verification, should the person(s) seeking to peddle
and/or solicit door to door be approved for such peddling and/or soliciting
by the Police Department, the photo identification shall be copied
onto a license form to be supplied by the Village. This license form
shall be carried by the peddler or solicitor and used as identification
and evidence that the person(s) may peddle and/or solicit in the Village
should the peddler and solicitor be questioned by a resident. It shall
be unlawful for any person to peddle and/or solicit in the Village
without carrying the license supplied by the Village. The peddler
and solicitor shall inform the Police Department of the day(s) that
the peddler and solicitor intend to peddle and solicit in the Village.
Upon being presented with a valid photo identification issued by a
governmental entity, the Village of Tarrytown shall within 10 business
days complete the ID verification and either issue or deny a license
form to the person seeking to peddle and/or solicit.
[Added 11-1-2010 by L.L.
No. 17-2010; amended 7-15-2019 by L.L. No. 5-2019]
A.
Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the holder of the certificate is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this chapter. Any certificate of registration issued hereunder shall be revoked by the Village Clerk if the Village receives three verified complaints regarding improper actions of the holder of the certificate. In the case of a door-to-door solicitor or peddler, a verified complaint shall include a complaint from a resident that the solicitor or peddler contacted a household with a sign excluding peddlers and solicitors, as included in § 225-11 hereinbelow. Immediately upon such revocation, written notice thereof shall be given by the Village Clerk to the holder of the certificate in person or by certified United States Mail addressed to his or her residence set forth in the application.
[Amended 11-1-2010 by L.L. No. 17-2010]
B.
Immediately upon giving of such notice, the certificate
of registration shall become null and void.
C.
The certificate of registration shall state the expiration
date thereof.
Every person desiring to secure the protection
provided by the regulations pertaining to soliciting, hawking and
peddling contained in this chapter shall comply with the following
directions. Notice of the determination by the occupants of giving
invitation to solicitors, hawkers or peddlers or the refusal of invitation
to solicitors, hawkers or peddlers to any residence shall be given
in the following manner:
A.
A weatherproof card, approximately three inches by
four inches in size, shall be exhibited upon or near the main entrance
door to the residence, indicating the determination by the occupant
and containing the applicable words as follows: "Only Solicitors Registered
in Tarrytown Invited" or "No Solicitors Invited."
B.
For the purpose of uniformity, the cards shall be
provided by the Village Clerk to persons requesting the same, at the
cost thereof.
C.
Such card so exhibited shall constitute sufficient
notice to any solicitor of the determination by the occupant of the
residence of the information contained thereon.
A.
It shall be the duty of every solicitor, hawker and
peddler, upon going onto any premises in the municipality upon which
a residence, as herein defined, is located first to examine the notice
provided in this chapter, if any is attached, and to be governed by
the statement contained on any notice. If the notice states "Only
Solicitors Registered in Tarrytown Invited," then the solicitor, hawker
or peddler not possessing a valid certificate of registration, as
herein provided, shall immediately and peacefully depart from the
premises; and if the notice states "No Solicitors Invited," then the
solicitor, hawker or peddler, whether registered or not, shall immediately
and peacefully depart from the premises.
B.
Any solicitor who has gained entrance to any residence,
whether invited or not, shall immediately and peacefully depart from
the premises when requested to do so by the occupant.
It is hereby declared to be unlawful for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 225-8 of this chapter.
[Amended 1-7-2008 by L.L. No. 2-2008; 7-15-2019 by L.L. No. 5-2019]
It is hereby declared to be unlawful for any person, whether
registered under this chapter or not, to go upon any premises and
ring the doorbell upon or near any door or create any sound in any
other manner calculated to attract the attention of the occupant of
such residence for the purpose of securing an audience with the occupant
thereof and engaging in soliciting, hawking or peddling, as herein
defined, prior to 9:00 a.m. or after 9:00 p.m.
[Added 8-19-1991 by L.L. No. 13-1991[1]]
A.
Exclusion sign requirements. Any resident of the village
who wishes to exclude peddlers or solicitors, including charitable
solicitors, from premises occupied by him or her may place upon or
near the usual entrance to such premises a printed placard or sign
bearing, substantially, the following notice: "Peddlers and Solicitors
Prohibited." Such placard shall be at least 3 3/4 inches long
and 3 3/4 inches wide.
B.
Peddlers and solicitors excluded. No peddler or solicitor
or charitable solicitor shall enter in or upon any premises or attempt
to enter in or upon any premises where such placard or sign is placed
and maintained without the consent of an occupant of said premises
being previously given.
C.
Removal or defacement of exclusion signs. No person
other than the person occupying such premises shall remove, damage
or deface such placard or sign.
D.
The Village
Clerk shall maintain a listing of premises where a sign to exclude
peddlers and solicitors has been placed. The list shall be provided
to all persons obtaining a certificate of registration.
[Added 11-1-2010 by L.L. No. 17-2010]
A.
A registration shall not be assignable. Any holder
of such registration who permits it to be used by any other person
and any person who uses such registration granted to any other person
shall be guilty of a violation of this chapter. Such registration
shall automatically expire on January 1 following the date of issuance
thereof, but such registration may provide for an earlier expiration
date. No applicant to whom a registration has been refused or who
has had a registration which has been revoked shall make further application
until a period of at least six months shall have elapsed since the
last previous rejection or revocation unless he can show that the
reason for such rejection or revocation no longer exists. Every registered
person, while exercising his registration, shall carry the registration
with him and shall exhibit the same upon demand in any police officer
or citizen.
B.
No registration shall be granted to a person under
18 years of age.
The fee for an application for certification
for hawkers or peddlers pursuant to this chapter shall be as adopted
by resolution of the Board of Trustees.[1] This application fee shall be nonrefundable and shall
not be credited to any registration fee. The fee for each registration
issued pursuant to this chapter shall be as adopted by resolution
of the Board of Trustees.
[1]
Editor's Note: Such fees are on file and available
for inspection in the office of the Village Clerk during regular office
hours.
Any registered person using a motor vehicle
may employ not more than two persons to assist in selling and delivering
the wares, but such person shall so act only while accompanying a
registered peddler, hawker or solicitor.
Every vehicle used by a registered hawker or
peddler in or about his business shall have the name of the registered
person and his address plainly, distinctly and legibly painted in
letters and figures at least two inches in height in a conspicuous
place on the outside of each side of every such vehicle, and such
name and address shall be kept so painted plainly and distinctly at
all times while such vehicle is in use during the continuance of the
registration.
A.
Causes. Registrations issued under the provisions
of this chapter may be revoked by the Village Clerk of the Village
of Tarrytown, after notice and hearing, for any of the following causes.
(1)
Fraud, misrepresentation or false statement contained
in the application for the registration.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime, misdemeanor or violation
of any local law of the Village of Tarrytown.
(5)
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.
(6)
A complaint received by the village in violation of
a "no soliciting" sign on a private residence or business.
B.
A notice of hearing for revocation of a registration
shall be given, in writing, setting forth specifically the grounds
of the complaint and the time and place of the hearing. Such notice
shall be mailed to the registered person at his last known address
at least five days prior to the date set for the hearing. The revocation
of registration shall only extend to the end of the fiscal year in
which the registration was issued.
[Amended 11-1-2010 by L.L. No. 17-2010]
[Amended 11-1-2010 by L.L. No. 17-2010; 7-15-2019 by L.L. No. 5-2019]
Any person aggrieved by the action of the Village Clerk in the
denial or revocation of a certificate or any person aggrieved by the
action of the Village in denying a license shall have the right of
appeal to the Village Administrator. Such appeal shall be taken by
filing with the Village Administrator, within 10 business days after
the notice of revocation or denial is mailed or served whichever is
shorter, a written statement setting forth fully the grounds for appeal.
The Village Administrator shall set a time and place for a hearing
of such appeal, and notice of such hearing shall be forwarded to said
person at his last known residence, as indicated in his application,
by mailing such notice by first-class mail at least five days prior
to the hearing. The decision of the Village Administrator shall be
final and conclusive.
A registered hawker, peddler or solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity
or quality of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
B.
Keep the vehicles and receptacles used by him in a
clean and sanitary condition and keep the foodstuffs and edibles offered
for sale well covered and protected from dirt, dust and insects.
C.
Not stand or permit the vehicle used by him to stand on a private
lot or on a public or private street, or on a sidewalk in front of
any premises for any period of time if the owner or lessee of the
premises objects.
[Amended 12-7-2015 by L.L. No. 9-2015]
D.
Not stand
or permit the vehicle used by him to stand at any of the following
locations:
[Added 9-20-2010 by L.L. No. 12-2010[1]]
(1)
Broadway:
between Wildey Street and Franklin Street.
(2)
Main
Street: between Broadway and Cortlandt Street/Depot Plaza.
(3)
Neperan
Road: between Broadway and Grove Street.
(4)
Any
Village parking lot.
(5)
Any
Village park, subject to the following exceptions:
(a)
During organized activities under the direction or sponsorship of
the Recreation Department where prior permission has been granted
by the Village.
(b)
During organized activities under the direction or sponsorship of
the Village where prior permission has been granted by the Village.
(c)
During other scheduled events where the sponsor of the event has
given written permission and a copy has been provided to the Village
Clerk.
[1]
Editor's Note: This local law also provided for the redesignation
of former Subsection D as Subsection F.
E.
Not stand
or permit the vehicle used by him to stand in any one place in any
public place, street or on a private lot adjacent to a public street
for more than two hours. For the purposes of this chapter, the vehicle
must be moved out of the area (at least 1/4 mile) where the vehicle
has been located for peddling and/or soliciting.
[Added 9-20-2010 by L.L. No. 12-2010]
F.
Not create or maintain any booth or stand or place
any barrels, boxes, crates or other obstructions upon any street or
in an open lot adjacent to a street or public way for the purpose
of selling or exposing for sale any goods, wares or merchandise.
All orders taken by registered solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, in duplicate, stating the terms
thereof and the amount paid in advance, and one copy shall be given
to the purchaser at the time the deposit of money is paid to the solicitor.
It shall be the duty of the Village Clerk to
keep a record of all applications and of all registrations granted
under the provisions of this chapter, giving the number and date of
each registration, the name and residence of the person registered,
the amount of the registration fee paid and also the date of revocation
of all registrations revoked.
[Added 7-15-2019 by L.L.
No. 5-2019[1]]
A.
The Do Not Knock Registry shall be established and maintained by
the Village Clerk's office. Residents may submit their property
address for inclusion on the list without charge. An updated list
will be provided to the Chief of the Tarrytown Police Department or
his designee monthly.
B.
Upon approval and issuance of a certificate of registration by the
Village Clerk and license by the Police Department, each person seeking
to peddle and/or solicit door to door in the Village, "the agent,"
shall be provided with a copy of the Do Not Knock Registry.
C.
Solicitors or peddlers shall not solicit and/or peddle at any address
on the Do Not Knock Registry.
