[HISTORY: Adopted by the Town Board of the Town of Marcellus 5-9-2016 by L.L. No. 1-2016. Amendments noted where applicable.]
This chapter is enacted pursuant to the New York State Constitution;
New York Municipal Home Rule Law § 10.
The purpose of this chapter is to preserve the public peace
and good order in the Town of Marcellus and to contribute to the public
welfare and good order of its people by enforcing certain regulations
and restrictions, which shall include registration and application
obligations on hawkers, solicitors and peddlers in order to prevent
fraud, crime and unethical and dishonest business practices within
the Town of Marcellus and to protect the residents from such conduct.
As used in this chapter, the following terms shall have the
meanings indicated:
The individual who has registered or is about to register
to act as a solicitor, peddler or hawker in the Town of Marcellus.
The business carried on by a person who is a solicitor, peddler
or hawker seeking to sell merchandise, services or take orders for
such by traveling door to door and entering the boundaries of residential
areas, including multifamily buildings, condominiums and similar places
where people reside.
One who attempts to make personal contact with a person at
his or her residence within the Town of Marcellus and without his
or her prior consent, to:
Request or attempt to induce or persuade any person to support
a particular charitable, educational, civic, patriotic, political,
benevolent, religious or philanthropic project or cause;
Seek or ask for a gift or donation for a public entity or nonprofit
organization exempt from federal income tax under 26 U.S.C. § 501(c)(3);
Sell goods, wares, merchandise, tickets, articles, services,
publications, advertisements, subscriptions or things of any kind
or value, with the entire proceeds of such sale to be paid directly
to or used exclusively for the benefit of a public entity or nonprofit
organization exempt from federal income tax under 26 U.S.C. § 501(c)(3);
Personally deliver a handbill or flyer advertising a future
event, activity, good or service that is noncommercial in nature or
otherwise not-for-profit.
Merchandise of any description, including but not limited
to wares, foodstuffs and services provided to utilize goods.
Any person who shall engage in hawking as defined herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The selling or offering for sale of any goods, wares, merchandise
or services on the street by outcry or by attracting the attention
of persons by exposing goods in a public place, or by placards, labels
or signals.
Any person who shall engage in peddling, as hereinafter defined.
The selling or offering for sale of any goods, wares, merchandise
or services 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 Town of Marcellus.
Any natural person, association, partnership, firm, corporation,
limited liability company, joint venture or any other form of business
organization or entity.
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure
located within the Town of Marcellus.
The seeking or taking of contracts or orders for any goods,
wares, merchandise or services for future delivery; or for contracts
or orders or subscriptions of any kinds; or donations, gifts or contributions
of any kind, including money, clothing or any other valuable things,
upon any streets or sidewalks or from house to house within the Town
of Marcellus.
Any person who shall engage in soliciting, as hereinabove
defined.
The Town of Marcellus, New York.
The Town Board of the Town of Marcellus.
No person shall engage in soliciting, peddling or hawking within
the Town without first registering with the Town Clerk or an authorized
representative of the Town.
No registration shall be accepted under this chapter except
upon payment of the established fee to the Town Clerk. The amount
of such fee shall be established from time to time by resolution of
the Town Board.
A.
Every person desiring to engage in soliciting, peddling or hawking
in the Town shall first register, under oath, with the Town Clerk.
Upon such application, such person shall give the following information:
(1)
The name, address, telephone number and birth date of the applicant;
(2)
Prior convictions of a crime, misdemeanor or violation of any ordinance,
the nature, place and date of such offense and disposition of same;
(3)
The name, address and telephone number of the person for whom the
applicant works and a letter appended to the application authorizing
the applicant to represent the person the applicant purports to represent,
if any;
(4)
The type or types of article, device, subscription, contribution,
service or contract which the applicant desires to sell or for which
the applicant wishes to solicit within the Town;
(5)
The dates and locations of soliciting, peddling or hawking;
(6)
The type of vehicle the applicant will be using while in the Town
and its license number; and
(7)
Such other business and personal information as the Town Board finds
reasonably necessary to protect the public.
B.
Where a person makes application for himself or herself and one or
more others, all applicable personal information specified above shall
be given for each person and an individual registration shall be required
for each person.
A registration issued as provided in this chapter shall automatically
expire on January 1 following the date of issuance, but such registration
may specifically state and provide for a specific expiration date.
A registration as provided in this chapter shall not be assignable.
Any person who holds such registration who permits it to be used by
any other person and any person who uses a registration granted to
it by another person shall each by guilty of a violation of this chapter.
Every person registered pursuant to this chapter shall carry
the registration with him or her and shall exhibit the same upon demand.
A.
Registration may be denied or revoke for any of the following reasons:
(1)
Fraud, misrepresentation or any false statement made in furnishing
the information required by this chapter;
(2)
Fraud, misrepresentation or any false statement made in the course
of conducting the activities for which the person is registered;
(3)
Any violation of this chapter;
(4)
Conviction of the registration holder of any felony or crime involving
moral turpitude;
(5)
Conducting the soliciting, peddling or hawking in an unlawful manner
or in such manner as to constitute a breach of the peace or to be
a threat to the health, safety or general welfare of the people of
the Town.
B.
Any person whose registration has been denied or revoked shall be
entitled to appear, with counsel, if desired, before the Town Board
of the Town, at a regular or special meeting, and be heard on behalf
of a request for issuance or reinstatement of said registration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except upon invitation from or an appointment with a particular
resident, no person shall engage in soliciting, peddling, hawking
or canvassing during the following times:
A.
No person engaged in soliciting, peddling, hawking or canvassing
shall occupy any of the streets, alleys or sidewalks of the Town for
the purpose of soliciting, peddling or hawking, with or without any
stand or counter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No person engaged in soliciting, peddling, hawking or canvassing
shall enter upon premises for the purpose of soliciting, peddling
or hawking which are posted with signs indicating that soliciting,
peddling or hawking thereon is prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
No person engaged in soliciting, peddling, hawking or canvassing
shall refuse to leave the premises owned, leased or rented by another
after having been notified by the owner or occupant of such premises,
or his agent, to leave the same and not return to such premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
No person engaged in soliciting, peddling, hawking or canvassing
shall falsely or fraudulently misrepresent the quantity, character
or quality of any good, merchandise or article offered for sale or
offer any unwholesome, tainted or diseased provisions of any good
merchandise or article.
Notwithstanding any other provision of this chapter, no person
shall sell merchandise at any public function held in the Town or
on lands owned by the Town without first obtaining written permission
thereof from the Town Board; and the Board may, from time to time,
adopt rules and regulations concerning such sales.
The following persons are exempt from the registration requirements
of this chapter:
A.
Persons 18 years of age or under engaged in selling or soliciting
the sale of goods or services for educational, nonprofit or religious
purposes.
B.
Persons who act solely as canvassers within the Town of Marcellus
as defined herein.
C.
Persons
seeking political office, their staff, employees and agents.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The Town Clerk shall keep a record of all registrations made
under this chapter, including the number and date of each registration,
and the name, age and residence of each registered person, and the
Town Clerk shall supervise the activities of all registered persons.
A.
Any person violating the provisions of this chapter shall be guilty
of an offense and, upon conviction thereof, shall be punishable by
a fine of not more than $250 or imprisonment for not more than 15
days, or both such fine and imprisonment. Each day's continuation
of the offense shall be considered a separate punishable offense.
B.
In addition or as an alternative to the above provided penalties,
the Town Board may also maintain an action or proceeding in the name
of the Town in a court of competent jurisdiction to compel compliance
with or to restrain by injunction the violation of this chapter.
C.
In addition, any person who violates any provision of the foregoing
may be subject to a loss of registration privilege herein granted.
If any clause, sentence, paragraph, subdivision or part of this
chapter or the application thereof to any person, firm or corporation,
or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional, such order or judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, subdivision or
part of this chapter or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy
in which such judgment or order shall be rendered.
