[Adopted as Secs. 6-13 through 6-13.14 of the 1965 General
Ordinances]
[Amended 4-16-1991 by Ord. No. 84-1991; 10-21-2004 by Ord. No. 218-2004]
As used in this article, the following terms
shall have the meanings indicated:
Patriotic, philanthropic, social service, health, welfare,
benevolent, educational, civic, cultural or fraternal.
A person or entity who by going from house to house, place
of business to place of business, except newspapers or periodicals,
sells or offers for sale any goods, wares, or merchandise, excepting
the sale of such items by and for the benefit of religious, charitable,
public interest, and political institutions and entities or their
agents thereof.
A person or entity who by going from house to house, place
of business to place of business, takes or offers to take orders for
goods, wares, merchandise, or for services to be performed in the
future or for making, manufacturing or repairing any article or thing
for future delivery, excepting the sale of or offering of such items
or services by and for the benefit of religious, charitable, public
interest, and political institutions and entities or their agents
thereof.
Dusk occurs 30 minutes after sunset.
[Added 6-18-2019 by Ord.
No. 2019-123]
Exigent circumstances shall include, but not be limited to,
unusually heavy pedestrian or vehicular traffic, accident, fire or
other emergency situations, parades, demonstrations or other such
events or occurrences.
[Added 9-21-2010 by Ord. No. 157-2010]
A specified location for the sale of food or beverages on
a public street or sidewalk as shall be designated by the City Manager,
in consultation with the Commissioners of Police and Development,
based on impacts, if any, on surrounding residences, businesses, factors
of public safety, and City facilities and services. Not more than
10 fixed locations shall be designated by the City Manager in any
given calendar year.
[Amended 2-9-2016 by Ord.
No. 28-2016]
A person or entity who or which sells food or beverages from any fixed location on a public street or sidewalk in the City, excepting sidewalk cafes as regulated under Chapter 267; sidewalk sales of produce, as regulated under § 281-23 of the City Code; and farmers' markets as established by the City.
[Amended 2-9-2016 by Ord.
No. 28-2016]
Fruits, vegetables, farm products or provisions, dairy products,
fish, game, poultry, meat, plants, flowers, appliances, wearing apparel,
jewelry, ornaments, art work, cosmetics and beauty aids, health products,
medicines, household needs or furnishings, furniture, toys, food of
any kind, whether or not for immediate consumption, confections, or
beverages.
A person or entity who or which sells goods, wares, and merchandise, or other items, at a special event; from various locations on public streets or sidewalks in the City; or in a City park pursuant to an additional permit issued under § 224-7 of the City Code.
Any occasion, including but not limited to fairs, shows,
exhibitions, City-wide celebrations, and festivals taking place within
a specifically defined area of the City for a period of time not to
exceed three days.
A.
Nothing in this article shall be held to apply to
any sales conducted pursuant to statute or by order of any court to
any person selling personal property at wholesale to dealers in such
articles, to merchants having an established place of business within
the City or their employees for soliciting orders from customers and
delivering the same from said established place of business after
the said orders are taken, to farmers and truck gardeners who themselves
or through their employees vend, sell or dispose of products of their
own farms and gardens or to berry pickers who sell berries of their
own picking.
B.
This article shall not apply so as to unlawfully interfere
with interstate commerce.
C.
This article shall, however, apply to peddlers and
vendors of trees, potted plants, flowers and food, except vegetables
sold by farmers and truck gardeners who produce the same.
[Amended 3-9-1970 by Ord. No. 66-1970; 10-21-2004 by Ord. No.
218-2004]
A.
It shall be unlawful for any person to act as a door-to-door peddler, door-to-door solicitor, fixed-location vendor, or itinerant vendor as herein defined without first having obtained a license therefor from the Department of Development. An itinerant vendor operating in a City park shall be additionally required to obtain a permit pursuant to § 224-7 of the City Code.
[Amended 5-22-2018 by Ord. No. 2018-100]
B.
In any case, where a door-to-door peddler or door-to-door solicitor has a license as provided herein or is exempt from licensing under the provisions of § 235-2, he or she shall not sell or solicit on a house-to-house or door-to-door basis on Sundays or holidays, and he or she shall not solicit on other days from dusk to dawn. A fixed-location vendor or an itinerant vendor shall sell his or her goods, wares and merchandise only between the hours of 8:00 a.m. and 9:00 p.m., except that an itinerant vendor operating in a City park pursuant to a permit obtained under § 224-7 of the City Code shall operate during the hours set forth in such permit. The City Clerk shall maintain a list of residents who opt out of any door-to-door solicitation and shall provide such list to all licensees permitted under this section. Door-to-door solicitors and vendors shall not solicit any property on such list.
[Amended 6-18-2019 by Ord. No. 2019-123]
C.
The City Manager shall, in consultation with the Commissioners of
Police and Development, based on impacts, if any, on surrounding residences
and businesses, factors of public safety, and City facilities and
services, designate not more than 10 fixed locations in the City.
Any person desiring to obtain a license shall file an application
with the Department of Development. Locations for fixed-location vendors
shall be assigned to applicants on a first-come-first-served basis
only after all necessary documentation required by the City of New
Rochelle has been submitted and approved by the City of New Rochelle.
[Amended 2-9-2016 by Ord.
No. 28-2016; 3-21-2023 by Ord. No. 2023-42]
[Amended 7-22-1980 by Ord. No. 159-1980; 4-16-1991 by Ord. No. 84-1991; 2-25-2003 by Ord. No.
44-2003; 10-21-2004 by Ord. No. 218-2004; 5-22-2018 by Ord. No. 2018-100]
Any person desiring to procure a license shall file an application
with the Department of Development. Such application shall give the
number and kinds of vehicles to be used by the applicant in carrying
on the business for which the license is desired, the kinds of goods,
wares and merchandise he or she desires to sell or kind of service
he or she desires to perform, the method of distribution, the name,
address and age of the applicant, the name and address of the person,
firm or corporation he or she represents, the length of time the applicant
desires the license and such other information as may be required
by the Department of Development.
[Amended 10-21-2004 by Ord. No. 218-2004; 2-9-2016 by Ord. No. 28-2016; 5-22-2018 by Ord. No.
2018-100; 2-11-2020 by Ord. No. 2020-20]
The Department of Development shall not issue a license until
the applicant submits and files an appropriate certificate of insurance
and endorsements evidencing the insurance required below with a company
licensed to do business in the State of New York. Such insurance shall
be provided from an insurance company acceptable to the Corporation
Counsel and shall provide coverage of not less than $1,000,000 per
occurrence for bodily injury and property damage, including blanket
contractual liability and all broad form comprehensive general liability
enhancements. The certificate shall name as additional insured the
City of New Rochelle, and such insurance shall be primary and noncontributory
to any insurance held by the City. If a motor vehicle is used in the
conduct of the peddling or food vending business, then a certificate
of automotive liability insurance must also be provided evidencing,
at a minimum, the statutory limits of coverage required by the Vehicle
and Traffic Law. Said insurance company shall furnish the Department
of Development a thirty-day notice in writing of any termination and/or
expiration of said insurance. If at any time thereafter said applicant
has not appropriately reinstated, extended or renewed said insurance,
then any license issued hereunder shall be automatically canceled
without notice to anyone and may not be renewed.
[Amended 10-21-2004 by Ord. No. 218-2004; 5-22-2018 by Ord. No. 2018-100 2-11-2020 by Ord. No. 2020-20]
Upon the filing of the application with required fees, documentation, and insurance, as provided in the preceding sections, the Department of Development may, upon its approval of such application, issue to the applicant a license as provided in § 235-3. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or general welfare. No license shall be issued to a person under 18 years of age.
[Amended 2-9-2016 by Ord.
No. 28-2016; 2-11-2020 by Ord. No. 2020-20]
All licenses issued pursuant to this chapter shall be issued
for the period of one year with an annual renewal option for a total
of five years upon the approval of the City, except in the case of
auction which allows for a three-year license period with annual renewal.
[1]
Editor's Note: Added during codification.
A license shall not be assignable. Any holder
of such license who permits it to be used by any other person, and
any person who uses a license granted to any other person shall each
be guilty of a violation of this article.
[Amended 2-25-2003 by Ord. No. 44-2003; 10-21-2004 by Ord. No. 218-2004]
All licenses shall be numbered in the order
in which they are issued and shall state clearly the kind of motor
vehicle or cart to be used, the kind of goods, wares and merchandise
to be sold, or service to be rendered, the dates of issuance and expiration
of the license, the fee paid and the name and address of licensee.
[Amended 2-25-2003 by Ord. No. 44-2003; 10-21-2004 by Ord. No. 218-2004]
Such license shall include the right to use
only one motor vehicle or cart to carry on the business for which
the person is licensed, which in the case of a motor vehicle shall
not exceed 22 feet in length.
The fee for a license shall be as set forth in Chapter 133, Fees. A separate license fee shall be paid for each motor vehicle or cart utilized in the selling and delivering of goods, wares, and merchandise, and such licensee using a motor vehicle or cart may employ two persons and no more to assist in selling and delivering the wares, but such persons shall so act only while accompanying the licensee. A licensee operating in a City park, pursuant to a permit issued under § 224-7 of the City Code, shall additionally pay such permit fee charged for the issuance of such permit.
[1]
Editor's Note: Amended during codification.
[Amended 2-15-1967 by Ord. No. 63-1967; 7-12-1971 by Ord. No. 172-1971;[1] 2-25-2003 by Ord. No. 44-2003; 10-21-2004 by Ord. No.
218-2004; 5-22-2018 by Ord. No. 2018-100]
The Department of Development shall deliver a license to each
licensee, such license to be displayed by the licensee at all times
on the request of the Police Department and/or persons to whom the
licensee peddles or solicits. In addition, the Department of Development
shall deliver two vehicle plates to be displayed by each licensee
operating a motor vehicle or cart in connection with his or her licensed
business, one each such vehicular plate to be displayed on the left
and right sides of such motor vehicle or cart, respectively.
[1]
Editor's Note: Amended during codification.
[Amended 10-21-2004 by Ord. No. 218-2004]
Every motor vehicle or cart used by a licensee
hereunder in or about his or her business shall have the name of the
licensee and his or her address plainly, distinctly and legibly painted
in letters and figures at least two inches in height, in a conspicuous
place on the outside of each side of every such motor vehicle or cart,
and such name and address shall be kept so painted plainly and distinctly
at all times while such motor vehicle or cart is in use during the
continuance of the license.
[Amended 10-21-2004 by Ord. No. 218-2004]
A licensee under this chapter:
A.
Shall not 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.
Shall keep the motor vehicle, cart, and receptacles
used by him or her, and the area around any such vehicle or cart,
in a clean and sanitary condition, and the food items and edibles
offered for sale well-covered and protected from dirt, dust and insects.
[Amended 9-21-2010 by Ord. No. 157-2010]
C.
Shall 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 about his or her wares.
D.
An itinerant vendor shall not stand or permit the motor vehicle or cart used by him or her to stand or park in one place in any public place, sidewalk, or street, except that a fixed-location vendor operating in a City park pursuant to a permit obtained under § 224-7 of the City Code shall operate in the location as set forth in such permit.
[Amended 2-9-2016 by Ord.
No. 28-2016]
E.
A fixed
location vendor shall not sell any prepared food within 200 feet of
the property line of any business that sells prepared food.
[Added 3-21-2023 by Ord. No. 2023-42[1]]
F.
Shall not sell any confectionery, ice cream, soft
drinks or other food within 250 feet of the property line of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
[Amended 9-21-2010 by Ord. No. 157-2010]
G.
Shall not permit any vehicle used by him or her to
stop, stand, or park on any crosswalk.
H.
Shall not create or maintain any booth or stand or
place any barrels, boxes, crates, tables, chairs or other obstructions
upon any street, public place, or sidewalk for the purpose of selling
or exposing for sale any goods, wares or merchandise and shall not
vend using the surface of the sidewalk or a blanket or board placed
immediately on the sidewalk or on top of a trash receptacle or cardboard
boxes to display merchandise. No displays may exceed five feet in
height from ground level or less than 24 inches above the sidewalk.
[Amended 9-21-2010 by Ord. No. 157-2010]
I.
No licensee shall permit his or her motor vehicle
to stop, stand, or park on any street within 25 feet of any intersection.
J.
An itinerant vendor shall sell such goods, ware, and merchandise
as set forth in such permit. A fixed-location vendor operating pursuant
to a permit obtained under this chapter of the City Code shall offer
the type of goods, ware and merchandise and operate in the location
as set forth in such permit.
[Amended 9-21-2010 by Ord. No. 157-2010; 5-22-2018 by Ord. No. 2018-100]
K.
Itinerant
vendors must change their location by moving at least one city block
or across the street every 1/2 hour and shall not return to the same
location for at least 1 1/2 hours.
[Added 9-21-2010 by Ord. No. 157-2010]
L.
Itinerant
vendors with pushcarts are restricted to sidewalks that have at least
a ten-foot wide clear pedestrian path and shall not be located within
five feet of any display windows of a fixed location business; nor
shall such vendors be located within 15 feet of the entranceway to
any building, store, or place of public assembly. Such vendors shall
not be located within 20 feet from a premise that provides outdoor
dining. In no event shall such vendors occupy more than three linear
feet of the public sidewalk to be measured from the curb toward the
property line.
[Added 9-21-2010 by Ord. No. 157-2010; amended 2-11-2020 by Ord. No. 2020-20]
M.
No license issued under the provisions of this section shall be transferred or assigned to any person, or used by any person other than the licensee to whom it was issued; nor shall such license be used on any location other than the location stated in such license. However, a licensee may identify one individual to be specifically designated on such license for an additional fee as provided in Chapter 133, Fees.
[Added 9-21-2010 by Ord. No. 157-2010]
N.
Every
license issued under this section is subject to the right of the City,
which is hereby expressly reserved, to revoke the same should the
licensee, directly or indirectly, violate any provision of this section
or of any local, State or federal law. A license under this section
may be denied where the licensee has three or more convictions of
any local, State or federal law related to licensee's operation under
a previous license issued under this section.
[Added 9-21-2010 by Ord. No. 157-2010]
O.
Where
exigent circumstances exist and a police or other authorized officer
or employee of any city agency gives notice to a vendor to temporarily
move from any location such vendor shall not vend from such location
until it is determined by such police or other authorized officer
that the exigent circumstances no longer exist.
[Added 9-21-2010 by Ord. No. 157-2010]
P.
No licensee
shall permit his or her motor vehicle or pushcart to remain unattended
for longer than 15 minutes.
[Added 9-21-2010 by Ord. No. 157-2010]
[Amended 10-21-2004 by Ord. No. 218-2004]
Upon satisfactory compliance with all the provisions of this chapter, a license shall be issued, without fee, to veterans or widows of veterans holding a license from the County Clerk of Westchester County, pursuant to § 32 of the General Business Law. This waiver of fee shall not apply to the payment of the highest, responsible bid in the event of auction of a fixed location pursuant to § 235-3C above.
[Amended 2-25-2003 by Ord. No. 44-2003]
An offense against the provisions of this article
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. Each and every day that a violation
continues shall be deemed a separate violation of this chapter.
[1]
Editor's Note: Added during codification.
