[HISTORY: Adopted by the Board of Trustees
of the Village of Croton-on-Hudson 8-6-2018 by L.L. No. 6-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, 1-12.
Distribution of handbills — See Ch. 67.
Noise by peddlers — See Ch. 160.
Peddling in parks — See Ch. 168.
[1]
Editor's Note: This local law also repealed former Ch. 172,
Peddling and Soliciting, consisting of Article I, Peddlers, Vendors
and Hawkers, adopted 8-24-1987 by L.L. No. 4-1987, as amended.
As used in this chapter, the following terms shall have the
meanings indicated.
The purpose of an organization which has received an Internal
Revenue Service letter of determination approving tax exempt status
under Title 26 of the United States Code § 501(C)(3), or
the purpose of a school team, club or supporting organization recognized
and affiliated with a public or private school.
The purpose of solicitation which is intended to receive
money or items of value for goods or services, or which is intended
to receive contributions of money or other items of value.
A building or store in which or where the person transacts
business and deals in the goods, wares and merchandise he or she hawks,
peddles or solicits for during regular business hours.
Any individual, corporation, LLC, LLP, partnership, joint
venture, association, club or other legal entity, league, fraternal
organization, joint-stock company, estate trust, business trust, receiver,
trustee, syndicate or any other group acting as a unit.
The act of any person traveling by foot, vehicle or any other
type of conveyance who goes from house to house, business to business,
from place to place or in or along any highway, street, sidewalk or
right-of-way within the Village:
Requesting, either directly or indirectly, money, credit, funds,
contributions, personal property or anything of value;
Taking or attempting to take orders for the sale of any goods,
wares, merchandise or services of any kind, or description for future
delivery or for services to be performed in the future, either in
person or by distributing printed material; and
Selling and making immediate delivery of any goods, wares, merchandise
or services of any kind or description.
Solicitation shall not include the following so long as the
person is not requesting, either directly or indirectly, money, credit,
funds, contributions, personal property or anything of value:
A person communicating or otherwise conveying ideas, views or
beliefs or otherwise disseminating oral or written information at
no cost to a person.
A person seeking to influence the personal belief of the occupant
of any residence or business in regard to any political, religious
or other noncommercial matter.
A person seeking to obtain, from an occupant of any residence
or business, an indication of the occupant's belief in regard
to any political, religious or other noncommercial matter.
A person conducting a poll, survey or petition drive in regard
to any political, religious or other noncommercial matter.
A person carrying, conveying, delivering or transporting daily
products, newspapers, or other goods to regular customers on established
routes or to the premises of any person who had previously ordered
such products, goods or services and is entitled to receive the same.
A person putting himself/herself forth as a candidate for public
office or communicating on behalf of candidate(s) for public office.
Any person, whether a resident of the Village or not, engaged
in solicitation.
Nothing contained in this chapter shall be deemed to apply to
any of the following:
A.
A sale conducted pursuant to an order of any court.
B.
A wholesaler selling articles to dealers or merchants who have an
established place of business in the Village of Croton-on-Hudson.
C.
A child 18 years of age or under who resides within the Village of
Croton-on-Hudson, and who solicits or peddles on behalf of a charitable,
religious, athletic, social, educational or civic organization, including
but not limited to the clubs, classes, teams or organizations sponsored
by any school in which such child is a member or student.
D.
The peddling of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities on their own land, provided that
they have otherwise complied with all application, licensing and health
and safety requirements of any other competent governmental body or
agency, as well as the Zoning Code of the Village, and the sale takes
place from a stationary location upon property owned or leased by
the seller of such goods.
E.
The sale of food ancillary to the fundraising event of an organization
with a charitable purpose, such as a picnic or carnival, that lasts
no longer than five consecutive days. This exemption shall not apply
to any door-to-door soliciting.
F.
Any person authorized by the Village Manager of the Village of Croton-on-Hudson
to conduct sales within any park or recreation area of the Village
of Croton-on-Hudson, but only with respect to such sales within the
park or recreation area.
G.
Sales at a farmers market which has been permitted by the Board of
Trustees to operate within the Village.
Unless exempted, it shall be unlawful for any person to act
as a solicitor, as herein defined, without first having obtained a
license from the Village Clerk. The license shall be carried on the
person of the licensee at all times while engaging in soliciting and
shall be exhibited by the licensee to any person on demand.
The application for a license shall be accompanied by a certificate
from the Sealer or Weights and Measures of the County of Westchester,
certifying that all weighing and measuring devices to be used by the
applicant have been examined and approved.
To obtain a license to solicit, within the Village, a person
(the applicant) shall make a written application to the Clerk in a
form prescribed by the Clerk which shall provide the following information:
A.
The full name of the individual(s) who will be conducting the solicitation,
and their home address, telephone number, any mobile telephone number
or e-mail address used on a regular basis, and date of birth.
B.
A valid driver's license or other form of photo identification
for the individual(s) who will be conducting the solicitation with
a clearly delineated license number and state of issuance, or other
acceptable proof of identification.
C.
If the applicant will be working for another person in conducting
the solicitation, the name, address, telephone number, email address,
and website address of the person or entity to the extent such exists.
D.
A brief description of the solicitation business to be conducted,
and the intended area where the business is to be conducted if less
than the entire area of the Village.
E.
If the solicitor is a minor (under the age of 16), a notarized authorization
by the applicant's parent or legal guardian. The authorization
form is part of the application form.
F.
A description of any vehicle which the applicant wishes to use in
carrying out his business or occupation as well as the name of the
vehicle owner, proof of insurance, and registration details.
G.
Copies of or permit number for any applicable permits issued by any
county or state agency.
H.
If peddling or soliciting for a corporation or other entity, the
state in which it is incorporated or formed.
The following provisions shall apply to licenses for solicitation
for a commercial purpose:
A.
All licenses granted under the provisions of this chapter shall be
valid for a period of three months, six months, or no more than one
year. The applicant shall indicate the requested time frame.
B.
The Clerk may revoke any license granted under the provisions of
this chapter for any of the following reasons:
C.
When a license has been revoked, no other license shall be issued
under the provisions of this chapter to the same applicant within
one year of the date of revocation.
D.
An application for a license under this chapter may be denied for
the following reasons:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Any violation of this chapter.
(3)
Any applicant who has had a license denied or revoked by the Clerk
may appeal to the Village Manager, in writing, within 30 days of the
receipt of the denial or revocation. The Village Manager will thereafter
hold a hearing within 45 days of receipt of the demand for such hearing
to review the determination of the Clerk.
The annual license fees shall be set from time to time by resolution
of the Village Board. Any person holding a license pursuant to Section
32 of the General Business Law, "Licenses to veterans of the armed
forces of the United States," shall not be required to pay a license
fee.
A licensed solicitor shall:
A.
Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale; or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B.
Keep the vehicle and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well-covered
and protected from dirt, dust and insects.
C.
Not blow a horn, ring a bell or use any other noisy device to attract
public attention to his or her wares, or shout or cry out his or her
wares.
D.
Not stand nor permit the vehicle used by him or her to stand in one
place in any public place or street for more than 10 minutes while
he/she is conducting business.
E.
Not sell any confectionery or ice cream within 250 feet of any school
property between the hours of 8:00 a.m. and 4:00 p.m. on school days.
F.
Not permit any vehicle used by him or her to stop or remain in any
crosswalk.
G.
Not 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.
H.
Not solicit in any way on a property where this is clearly posted
and visible a sign indicating "No Soliciting."
No person while conducting the activities of a solicitor shall
enter upon any private residence, knock on doors, or otherwise disturb
persons in their residence between the hours of 8:00 p.m. and 9:00
a.m.
[Added 6-1-2020 by L.L. No. 8-2020[1]]
Licenses may be issued under this chapter for solicitation in
a fixed location on a public street as follows:
A.
The Village
Board shall from time to time by resolution identify the specific
streets and days and times when soliciting on public streets shall
be permitted. The Village Board may limit the number of licenses which
may be issued for a specific day and same shall be issued on a first-come,
first-served basis.
Any violation of the provisions of this chapter shall be punishable as provided in § 1-12 of the Code of the Village of Croton-on-Hudson and as otherwise provided herein.
