[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.]
A.
PERSON
SOLICITING and PEDDLING
(1)
(2)
(3)
(a)
(b)
(c)
SOLICITOR or PEDDLER
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm or corporation.
SOLICITINGThe 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.
PEDDLINGThe 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.
Neither the word "peddling" nor the word "soliciting" shall
apply:
To farmers seeking or taking orders for, or selling or offering
for sale, their own produce.
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.
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.
Any person who shall engage in soliciting or peddling, respectively,
as hereinabove defined.
B.
Usage. The singular shall include the plural.
No person shall engage in soliciting or peddling in the Village
of Walden without first registering with the Village Police Department.
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.
[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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
