Village of Walden, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Walden 12-14-1982 by L.L. No. 6-1982 (Ch. 114 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 181.
Sales on Village property — See Ch. 228.

§ 205-1 Definitions.

A. 
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Any natural person, association, partnership, firm or corporation.
(1) 
The seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks or from house to house within the Village of Walden.
(2) 
The selling or offering for sale of any goods, wares or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling or has in his possession or control upon any of the streets or sidewalks or from house to house within the Village of Walden.
(3) 
Neither the word "peddling" nor the word "soliciting" shall apply:
(a) 
To farmers seeking or taking orders for, or selling or offering for sale, their own produce.
(b) 
To the seeking or taking of orders for, or the selling or offering for sale of, bread or bakery products, meat or meat products, milk and milk products by any manufacturer or producer thereof.
(c) 
To the seeking or taking of orders for, or the selling or offering for sale of, insurance by insurance agents or brokers licensed under the insurance laws of the State of New York.
SOLICITOR or PEDDLER
Any person who shall engage in soliciting or peddling, respectively, as hereinabove defined.
B. 
Usage. The singular shall include the plural.

§ 205-2 Registration required.

No person shall engage in soliciting or peddling in the Village of Walden without first registering with the Village Police Department.

§ 205-3 Contents of application for license.

A. 
Every person desiring to engage in soliciting or peddling in the Village of Walden shall first register under oath with the Chief of Police of said Village. Upon such application, such person shall give his name, address, sex, race, age; his previous criminal record, if any; the name and address of the person for whom he works, if any; the type or types of article, device, subscription, contribution, service or contract which he desires to sell or for which he wishes to solicit within the Village; the length of time for which he wishes to be registered; the type of vehicle he uses, if any, and its registration number.
B. 
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper. No license issued under this chapter shall be transferable from one person to another.

§ 205-4 License fees.

[Amended 5-9-1989 by L.L. No. 2-1989[1]]
No permit or license shall be issued under this chapter except upon payment of a fee set by resolution of the Board of Trustees, as provided in § A310-1.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-5 Issuance of license.

Upon registering with the Village Police Department as aforesaid, each solicitor or peddler shall be issued a license or permit and may, unless he shall have been convicted of a crime involving moral turpitude, be permitted to solicit or peddle within the Village for the licensed period beginning on the date such license or permit is issued and ending on the expiration date thereof. Such license or permit shall not be transferable.

§ 205-6 Display of license; restrictions.

Every solicitor or peddler shall, at all times while engaged in soliciting or peddling in the Village, carry evidence of such registration upon his person and shall exhibit such evidence upon request to all police officers, Village officials and citizens. No solicitor or peddler shall engage in selling or offering for sale, or in seeking or taking of orders or contracts for, any goods, wares, merchandise, article, device, subscription, contribution, service or contract not mentioned upon such license, nor shall any person use any vehicle for soliciting or peddling other than the vehicle registered upon his license.

§ 205-7 Days and hours of sale.

No person shall engage in soliciting or peddling at any time on Sunday nor on any other day of the week before 9:00 a.m. or after 5:00 p.m. except upon invitation from or an appointment with the resident.

§ 205-8 Noise restrictions.

No person engaged in soliciting or peddling shall hawk or cry his goods, wares, merchandise, articles, contracts or services upon any of the streets or sidewalks of the Village, nor shall he use any loudspeaker or horn or any other device for announcing his presence by which members of the public are annoyed.

§ 205-9 Vehicle restrictions.

No person engaged in soliciting or peddling shall park any vehicle upon any of the streets or alleys of the Village in order to sort, rearrange or clean any of his goods, wares or merchandise or any samples, order books, contracts, circulars, literature or advertising matter pertaining thereto; nor may any such person place or deposit any refuse upon any such streets or alleys; nor may any such person maintain or keep a street or curbstone market or soliciting or peddling office by parking any vehicle upon any street or alley in the Village for longer than necessary in order to solicit from or peddle to persons residing in the immediate vicinity.

§ 205-10 Fixed locations prohibited.

No person engaged in soliciting or peddling shall occupy any fixed location upon any of the streets or alleys or sidewalks of the Village for the purpose of soliciting or peddling, with or without any stand or counter.

§ 205-11 Records and supervision.

The Chief of Police shall keep a record of all registrations made under this chapter, and the Chief of Police shall supervise the activities of all holders of such licenses.

§ 205-12 Exemptions.

The following persons are exempt from the license requirements of this chapter.
A. 
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
B. 
Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
C. 
An honorably discharged soldier, sailor or marine of the military or naval service of the United States who is a resident of this state and who is unable to earn a livelihood by manual labor.
D. 
Persons soliciting contributions on behalf of organizations or nonprofit corporations registered under the provisions of the Executive Law § 172 or exempted from registration under the Executive Law § 172-a, who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
E. 
Persons who have been licensed by the State of New York to engage in an activity described in § 205-1 hereof, when so engaged, including without limitation real estate, insurance and securities brokers and salesmen.
F. 
Persons 16 years of age or under.

§ 205-13 Revocation of license.

Any license hereinafter issued may be revoked by the Chief of Police of the Village of Walden upon the failure of the licensee to comply with the standards of conduct established in §§ 205-6 through 205-10 or upon ascertainment that the licensee has made any false statements in the application for license hereunder or upon such licensee's being arrested and convicted of any crime involving moral turpitude.

§ 205-14 Hearing concerning reinstatement.

Any person whose license has been revoked shall be entitled to appear, with counsel if desired, before the Board of Trustees of the Village of Walden at a regular or special meeting and be heard in behalf of a request for reinstatement of said license.

§ 205-15 Contents of permit or license.

Each permit shall be issued in card form, shall be carried by the person for whose benefit it is issued, and shall contain the following: number of permit, fee paid, date of issue, expiration date and the name, age, height, weight, color, name of employer, address and signature of the holder. The reverse side of such permit shall contain any regulations then in effect and controlling the holder, as well as any conditions and/or limitations to which such permit is subject.

§ 205-16 Penalties for offenses.

Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.