[HISTORY: Adopted by the Board of Trustees of the Village of Cornwall-on-Hudson 11-28-1983 by L.L. No. 7-1983. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 118, Peddling and Soliciting, adopted 3-22-1967 as Ch. 44 of the 1967 Code.
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- (3) Neither the word "peddling" nor the word "soliciting" shall apply to:
- (a) Farmers seeking or taking orders for, or selling or offering for sale, their own produce.
- (b) 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) 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.
Usage. The singular shall include the plural.
No person shall engage in soliciting or peddling in the Village of Cornwall-on-Hudson without first registering with the Village Clerk.
Every person desiring to engage in soliciting or peddling in the Village of Cornwall-on-Hudson shall first register under oath with the Village Clerk. Upon such application, such person shall give his name, address, sex, race and 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 he wishes to be registered; the type of vehicle he uses, if any, and its registration number.
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.
No permit or license shall be issued under this chapter except upon payment of the fee established by the Board of Trustees to the Village Clerk or authorized member of the Village Police Department. The fee shall be established by resolution of the Board of Trustees.
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 or 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 be 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.
No person engaged in soliciting or peddling shall enter upon premises for the purpose of soliciting or peddling which are posted with signs indicating that soliciting or peddling thereon is prohibited.
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:
Farmers engaged in selling only produce of their own farms from a truck or other vehicle.
Persons engaged in the sale of goods, wares and merchandise, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
Person 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.
Persons who have been licensed by the State of New York to engage in an activity described in § 118-1 hereof, when so engaged, including without limitation real estate, insurance and securities brokers and salesmen.
Persons 16 years of age or under.
Any license hereinafter issued may be revoked by the Chief of Police of the Village of Cornwall-on-Hudson upon the failure of the licensee to comply with the standards of conduct established in §§ 118-6 through 118-10 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 Cornwall-on-Hudson 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.
Notwithstanding any other provision, no person shall sell merchandise at any public function held in the Village of Cornwall-on-Hudson, New York, on lands owned by the Village of Cornwall-on-Hudson, New York, without first obtaining written permission therefor from the Board of Trustees; and the Board may, from time to time, adopt rules and regulations concerning such sales.
Any person violating any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
In addition, any person who violates any provision of the foregoing may be subject to a loss of license privilege herein granted.