[HISTORY: Adopted by the Board of Trustees of the Village
of Skaneateles 8-23-2012 by L.L. No. 2-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
149, Peddling and Soliciting, adopted 7-22-2002 by L.L. No. 5-2002,
as amended.
The purpose of this article shall be to contribute to the public
welfare and good order by enforcing certain regulations and restrictions
on peddlers, vendors, hawkers, canvassers and solicitors within the
Village of Skaneateles.
As used in this article, the following terms shall have the
meanings indicated:
One or more natural persons, corporations, partnerships,
organizations, associations, societies and all other entities of any
kind.
Any person who goes from place to place or house to house
or who stands in any street or public place taking or offering to
take orders for goods, wares or merchandise or for services to be
performed in the future or for the making, manufacturing or repairing
of any article or thing for future delivery.
Except as hereinabove provided, any person, either as principal
or agent, who, from any vehicle or on any public street or public
place, or by going from house to house or from place of business to
place of business, on foot or from any vehicle, sells, rents or barters,
offers for sale, rent or barter, or carries or exposes for sale, rent
or barter any goods, wares or merchandise.
A.Â
Nothing in this article shall be held to apply to:
(1)Â
Any sales conducted pursuant to statute or by order of any court.
(2)Â
Any person selling personal property at wholesale to dealers in such
articles.
(3)Â
Persons under the age of 18 years associated with nonprofit organizations.
(4)Â
An honorably discharged soldier, sailor or marine who has procured
a license as provided by the General Business Law of the State of
New York.
B.Â
This article shall also not apply so as to unlawfully interfere with
interstate commerce.
C.Â
Those who shall be exempt from the terms of this article as set forth
above shall, nevertheless, register with the Village Police Department
at least 24 hours before doing any of the acts prohibited by this
article.
It shall be unlawful for any person within the corporate limits
of the Village of Skaneateles to act as a vendor, hawker, peddler
or solicitor, as herein defined, without first having registered with
the Village Police Department as required herein.
Any person required to register with the Village shall file
with the Village Police Department, at least 24 hours prior to commencing
such activity, a written registration upon a form furnished by the
Village Police Department. Such registration form shall include, but
not be limited to, the number and kind of vehicles to be used by the
person in carrying on the business; the kinds of goods, wares and
merchandise he/she desires to sell, or rent; or the kind of service
he/she desires to perform; the method of distribution; the name, address
and age of the registrant; the name and address of the person, firm
or corporation he/she represents; the length of time the registrant
desires to conduct such activity; and such other information as may
be required by the Village Police Department. Such registration shall
be accompanied by a certificate from the Onondaga County Sealer of
Weights and Measures, if required by county law, certifying that all
weighing and measuring devices to be used by the registrant have been
examined and approved. Such registration shall expire on the last
day of the calendar year in which it was made and must be renewed
if the person desires to continue such activity thereafter.
No fee shall be required to register with the Village of Skaneateles.
A.Â
It shall be unlawful for any person to enter upon residential private
property for the purpose of peddling or soliciting before the hour
of 9:00 a.m. of any day or after 8:00 p.m. or after 1/2 hour before
sunset, whichever is earlier, except upon the invitation of the owner
or occupant of such property.
B.Â
It shall be unlawful for any vendor, peddler or solicitor to enter
or remain upon any premises whereon there is posted, in public view,
any sign containing the words "no peddlers," "no solicitors," "no
agents" or other wording, the purpose of which purports to prohibit
peddling, vending or soliciting on the premises.
C.Â
No peddler, vendor or solicitor shall offer goods, wares or services
for sale or rent within 200 feet of any school premises or permit
any vehicle to stand on a public street within said distance of school
property.
D.Â
No vendor shall offer goods, wares or services for sale or rent from
a vehicle within the so-called Downtown D District or within any public
park, or within 200 feet of any public park, or permit any vehicle
to stand on a public street within said distance of a public park.
E.Â
It shall be unlawful to stand or permit a vehicle used by any peddler,
vendor or solicitor to stand in one place in any public place or street
for more than 10 minutes or in front of any premises for any period
of time if the owner or occupant of the ground floor of the premises
objects.
F.Â
No canvasser, solicitor, peddler or vendor, as defined in this article,
may interfere with the free flow of pedestrian or vehicular traffic.
G.Â
It shall be unlawful to create or maintain any booth or stand or
place any obstructions upon any street or public place for the purpose
of selling or exposing any goods, wares, or merchandise, except as
permitted by the Board of Trustees.
It shall be the duty of the Village Police Department to keep
a record of all persons registered under the provisions of this article.
Any person who, himself or by an agent or employee, shall act
as a vendor, hawker, peddler or solicitor, as herein defined, without
first registering as required hereby, or shall violate any of the
provisions of this article shall be guilty of a violation and subject
to a fine of not less than $100 and not more than $500 per offense.
As used in this article, the following terms shall have the
meanings indicated:
A person engaged in the noncommercial activity of canvassing
or soliciting as defined in this article.
To make or seek to make personal contact with another, either
on the highways and streets of this Village or on public or private
property other than his/her own, for the purpose of raising funds
for, supporting goals of, or recruiting new members into a religious,
charitable, educational or political organization, or participating
in a political campaign on behalf of any candidate for public office.
The face-to-face canvassing or solicitation of a person by
another.
An organization, a substantial part of the activities of
which is carrying on propaganda or otherwise attempting to influence
legislation or participating in any political campaign on behalf of
any candidate for public office.
An organization granted tax exemption as such by the Internal
Revenue Service of the United States Treasury Department.
Any person engaged in the noncommercial activity of canvassing or soliciting for religious, charitable, educational or political organizations, as defined in this article, shall not be required to register with the Village Police Department or to wear an identification badge when canvassing or soliciting. Any person engaging in commercial canvassing or soliciting shall comply with the requirements of Article I of this chapter.
A.Â
Persons engaged in noncommercial canvassing or soliciting, as defined
in this article, shall not enter upon private property if the owner,
tenant or manager thereof shall display a sign prohibiting canvassing
or soliciting.
B.Â
No canvasser or solicitor as defined in this article may engage in
any unconsented touching of another person or interfere with the free
flow of pedestrian or vehicular traffic while conducting noncommercial
canvassing or soliciting.
C.Â
No canvasser or solicitor as defined in this article shall enter
upon private property for the purpose of conducting such activity
before the hour of 9:00 a.m. or after 8:00 p.m. or after 1/2 hour
before sunset, whichever is earlier, except upon the invitation of
the owner or occupant of such property.
