[HISTORY: Adopted by the Town Board of the
Town of Pendleton 9-5-2006 by L.L.
No. 2-2006. Amendments noted where applicable.]
The purpose of this chapter is to promote and
protect the health, safety and general welfare of the community and
the preservation and protection of property of the Town of Pendleton
and its residents.
The following words and phrases shall have the
meanings set forth unless the context of their use clearly indicates
otherwise:
Any person by or for whom an application is made under this
chapter.
Any benevolent, philanthropic, patriotic, military
veterans, not-for-profit, educational or religious association, society
or other organization or any other association, society or organization
qualified as a tax-exempt organization under Section 501 of the Internal
Revenue Code.
Any governmental entity or organization, including,
without limitation, a school district, fire district and fire company.
A person who engages in junk dealing.
Keeping, conducting or maintaining any building,
structure, yard or place for storing, distributing or selling any
junk, used or secondhand property, goods, wares or merchandise of
any kind or nature, or the parts thereof.
Selling or buying for resale any junk, used
or secondhand property, goods, wares or merchandise of any kind or
nature, or the parts thereof.
The provisions in this chapter requiring permits
for junk dealing shall not apply to persons in the business of manufacturing
or buying and selling new or used motor vehicles or who buy or receive
secondhand motor vehicles in the course of trade for resale but shall
apply to all such persons who wreck or junk secondhand or used motor
vehicles.
A person who engages in peddling.
Selling or offering for sale, barter or exchange
any property or service, either for immediate or future delivery,
or performance upon any street, road or highway or from house to house
in the Town, including, without limitation, activities commonly known
as "hawking."
Delivery or distribution of advertising matter,
literature, pamphlets, samples or handbills house to house or on any
of the streets, roads or highways or by going from place to place
in the Town, but not including the delivery or distribution of newspapers,
magazines or political or religious materials.
A natural person, corporation, partnership, association,
joint venture, society or other organization or association of any
kind, whether acting as principal, agent, employer or employee.
Any goods, wares, merchandise or other article or thing of
every kind or nature, except newspapers.
Seeking, taking or offering contracts or orders
for any property for future sale or delivery or performance of any
service upon any street, road or highway or from house to house in
the Town.
Seeking or taking subscriptions or contributions
of money or property upon any street, road or highway or from house
to house in the Town.
A person who engages in soliciting.
The Town of Pendleton.
A retail or wholesale business conducted from a temporary
structure or tent, truck, van or trailer, stand, parking lot or vacant
parcel of land, in a public right-of-way or in or on any other place
in the Town, but not outdoor sales of property or services accessory
to a business conducted within a permanent structure on the same premises
or the sale of food products raised or produced on the same premises
from a temporary or seasonal stand, provided that the principal structure
or activities otherwise comply with the zoning and other ordinances
of the Town.
A.
No person shall engage in peddling, soliciting, junk
dealing or a transient business without first obtaining a permit or
registering or both as required by this chapter.
B.
No motor vehicle shall be used for peddling, junk
dealing or conducting a transient business unless a permit shall first
have been obtained therefor, which permit shall at all times be displayed
on a conspicuous location on the outside of the vehicle.
No permit under this chapter shall be required:
A.
By any charitable organization or its agents or employees
or veterans licensed pursuant to New York State General Business Law
§ 32 or by any vendor operating at the invitation of a charitable
organization.
B.
By any person conducting business or activity or performing
a service pursuant to a license issued by the State of New York.
C.
For the delivery of goods or services ordered by telephone,
mail or other method initiated by the person receiving the goods or
services.
D.
By any business, service or activity licensed under
any other ordinance or law of the Town of Pendleton.
E.
For purchase or sale of motor vehicles or parts by
any person otherwise conducting a used vehicle or vehicle parts business
from any permanent location.
F.
By any person engaged in the business of antique dealing
from a permanent location.
G.
For lawn cutting, leaf raking and snow shoveling services
for residential property.
H.
By political parties and candidates for public office.
No charitable organization shall engage in soliciting
before it files with the Town Clerk a list of the names, addresses,
dates of birth and criminal background checks of the person who will
conduct the activity on its behalf and provide a copy of the list
to the Niagara County Deputy Sheriff's Department. No person(s) shall
engage in soliciting on behalf of a charitable organization until
this information has been provided to the Town Clerk.
A.
An application for a permit under this chapter shall
contain the following:
(1)
The name, home address and local address, if any,
of the applicant.
(2)
A physical description of the applicant, giving date
of birth, height, weight and color of hair and eyes. A photograph
may be required.
(3)
The name and address of the person, if any, by whom
the applicant is employed and for whom or through whom orders are
to be solicited, cleared, filled or delivered.
(4)
A description of the exact business or activity in
which the applicant intends to engage and of the nature of any property
or services involved.
(5)
A list of crimes for which the applicant has been
arrested or convicted, including the dates and places.
(6)
A statement as to the period of time during which
the applicant intends to engage in the business or activity regulated
under this chapter.
(7)
Proof that the applicant, or his or her employer or
principal, is registered for sales for tax purposes, if the business
or activity to be conducted is subject to sales or use tax.
(8)
A description of any motor vehicle that will be used
for pickup or delivery of property or for the purpose of bringing
any such property into the Town for peddling, soliciting or transient
business purposes or from which a transient business will be conducted,
to include the name of the manufacturer, year, type of vehicle, vehicle
identification number, registration plate number, titleholder and
name of the person other than the titleholder to whom the vehicle
is registered, if any.
(9)
The exact location where a transient business is to
be conducted.
(10)
Further information as required by the Town Clerk
or the Niagara County Deputy Sheriff.
B.
The application shall be signed by the applicant and
sworn to before a notary public or other officer authorized to administer
oaths.
C.
If the transient business is to be conducted from
private property, the written consent of the owner, if other than
the applicant, shall be filed with the application.
[Amended 5-8-2017 by L.L.
No. 5-2017; 6-13-2022 by L.L. No. 2-2022]
Fees for peddlers or solicitor's permits,
transient businesses, or junk dealers shall be as described in the
Town of Pendleton Fee Schedule, adopted by the Town Board by resolution,
as may be amended from time to time.
A.
After receipt of the application(s), the Town Clerk
shall issue the permit requested unless the applicant has been convicted
of a felony at any time or a misdemeanor involving moral turpitude
within five years prior to the application, and has not been granted
relief from the civil disabilities, or otherwise is found not to be
a person of good moral character and reputation.
B.
All permits issued for a single event shall expire
at the conclusion of said event. All yearly permits issued shall expire
on the 31st of December following the date of issuance.
[Amended 5-8-2017 by L.L.
No. 5-2017]
C.
Permits issued under this chapter shall not be transferable.
D.
A permit issued pursuant to this chapter may be revoked
if, following its issuance, the Town determines that the applicant
was convicted of any crime not reported in the application or is otherwise
not a person of good moral character and reputation. A permit may
also be revoked for any violation of this chapter committed after
its issuance.[1]
[1]
Editor's Note: Former Subsection E, regarding transient business
permits, which immediately followed this subsection, was repealed
5-8-2017 by L.L. No. 5-2017.
The Town may require reports from any permit
holder at any time and at such intervals as it deems necessary for
the protection of the public health, welfare and safety.
A.
No person shall use private real property for any
activity requiring a permit under this chapter without the consent
of the owner.
B.
No person engaged in soliciting or peddling shall
hawk or cry property, offers, contracts or services upon any of the
streets, roads or highways in the Town in a manner so as to cause
a public nuisance in the Town.
C.
No person holding a permit under this chapter shall
engage in any activity regulated hereunder unless he or she has the
permit on his or her person.
D.
Nothing contained in this chapter shall be construed
to regulate or prohibit the pursuit or exercise of hawking and peddling
farm produce, except hay or straw, within the limits of the Town,
where such farm produce is hawked or peddled by the producer thereof,
or his servants or employees, insofar as such regulation is prohibited
under New York General Municipal Law § 81.
A.
The owner or occupant of a residential building may
post a notice prohibiting peddlers and solicitors. The notice shall
be placed in a conspicuous place adjacent to the entrance door of
the building. The letters of the notice shall be at least 1/2 inch
in height and shall contain a statement saying in substance that "peddlers
or solicitors are prohibited." No person shall engage in any activity
regulated by this chapter by attempting to enter a building or ringing
a doorbell or knocking on an entrance door to any residence building
at which entrance such a notice has been posted.
B.
Any person engaged in an activity regulated under
this chapter, whether that person is exempt or not, who has entered
upon private property, whether invited or not, shall immediately depart
therefrom when requested to do so by any occupant.
Any person who violates any provision of this
chapter shall be guilty of a violation. Each violation shall be punishable
by a fine not to exceed $250 or by imprisonment for a period not to
exceed 15 days, or both.
