As used in this article, the following terms
shall have the meanings indicated:
Includes, except as hereinafter expressly provided, any person who, going house to house, on foot or from any vehicle, sells, offers for sale or carries or exposes for sale any goods, wares or merchandise, books, magazines, periodicals or any other item or items of value, except newspapers and food distributed on regular customer routes. For purposes of this article, a hawker, peddler or solicitor shall not include a food vendor as defined in Article III of this chapter.
[Amended 4-22-2010 by L.L. No. 3-2010]
An individual, employee, principal, agent, firm, business,
association, partnership, cooperative or corporation.
A.
Nothing in this article shall be held to apply to
any sales:
(1)
Conducted pursuant to statute or by order of any court.
(2)
By any person selling personal property at wholesale
to dealers in such articles.
(3)
By persons under the age of 18 years.
(4)
By farmers and truck gardeners who themselves or through
their employees vend, sell or dispose of products of their own farms
and gardens.
B.
Nonprofit organizations and persons working for such organizations
may obtain a license from the Village Clerk annually in the event
that they plan to engage in vending, hawking, peddling, or soliciting
and they indicate to the Village Clerk the types of activities to
be undertaken and the dates and times that they will be undertaken,
and the names and addresses of the persons who will be authorized
to participate.
[Amended 6-9-2016 by L.L.
No. 2-2016]
C.
At the time of the application for a license, such nonprofit organizations
shall pay to the Village Clerk a nonrefundable fee in the amount specified
by the Clerk to reimburse the Village for the cost of the background
checks that the Village will conduct of each of the individuals whose
names and addresses are provided. The amount of such fees shall be
established by separate resolution of the Village Board.
[Added 6-9-2016 by L.L.
No. 2-2016]
[Amended 6-9-2016 by L.L.
No. 2-2016]
It shall be unlawful for any person within the corporate limits
of the village to act as a hawker, peddler, or solicitor as herein
defined or to assist in such actions.
A.
It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after the hour of 7:00 p.m. of
any day except upon the invitation of the householder or occupant.
B.
It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: "No Peddlers,"
"No Solicitors," "No Agents" or other wording, the purpose of which
purports to prohibit peddling or soliciting on the premises.
C.
No peddler or solicitor shall peddle his goods or
wares within 200 feet of any place occupied exclusively as a public
or private school or for school purposes, nor shall he permit his
vehicle to stand on any public highway within said distance of such
school property.
D.
No peddler or solicitor shall falsely or fraudulently
misrepresent the quantity, character or quality of any article offered
for sale. No person shall by any trick or device or by any false representation
obtain or attempt to obtain admission to the house or garage of any
person or corporation in the Village.
E.
No peddler or solicitor shall blow a horn, ring a
bell or use any other noisy device to attract public attention to
his wares or shout or cry out his wares so as to create an unnecessary
disturbance.
F.
It shall be unlawful to create or maintain any booth
or stand or place any 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.
G.
No peddler or solicitor shall represent or state or
otherwise indicate that he is not intending to sell or otherwise enter
into a contract with any person in the household.
H.
No peddler or solicitor shall, in order to effectuate
or assist in any sale or solicitation, represent that he is engaged
in any contest or in any way attempt to induce a sale or solicitation
by appealing to the sympathies or fears of the person so solicited.
I.
Any contract or sale made in violation of Subsection D, G or H shall be null and void and of no effect as to the person solicited, and the merchandise delivered shall be forfeited and any sums paid by the person so solicited shall become immediately due and payable jointly and severally by the peddler or solicitor and his principal.
All orders taken by licensed solicitors who
demand, accept or receive payment or deposit of money in advance of
final delivery shall be in writing, made 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 is paid to the solicitor.
It shall be the duty of the Village Clerk to
keep a record of all applications and of all licenses granted under
the provisions of this article, giving the number and date of each
license, the fee paid and the date of suspension and/or revocation
of all licenses suspended or revoked.
A.
The violation of any provision of this article shall
be an offense, and any person violating any provision of this article
shall be punished by a fine not exceeding $250 or a term of imprisonment
not to exceed 15 days, or both. Each day any such violation shall
continue shall constitute a separate violation.
B.
In addition to the foregoing, the court may also suspend
or revoke any license of any person convicted of violating any provisions
of this article or grant an injunction to the Village prohibiting
further violations of any Village ordinance or local law.
