[HISTORY: Adopted by the Town Board of the
Town of Yorktown 10-1-1991 by L.L. No. 31-1991. Amendments noted where
applicable.]
[Amended 9-16-1992 by L.L. No. 18-1992]
A.
This chapter shall be known as the "Peddling, Soliciting
and Canvassing Law of the Town of Yorktown." It is a chapter regulating
peddling, soliciting and canvassing to preserve the safety, health,
welfare and peace and general good order of the town and its inhabitants.
B.
It is the intent of the Town of Yorktown to assure
peddling, soliciting and canvassing in the town is conducted in a
safe, peaceful manner without inconvenience to town residents. The
Town of Yorktown is particularly committed to ensuring that peddling
and soliciting within the town is conducted in a safe manner. It is
hereby found that to adequately protect motorist and pedestrian safety,
it is necessary to regulate peddling and soliciting along the state
highways within the Town of Yorktown. These sections of state highways
are all heavily trafficked at high speeds. Police records indicate
a relatively high number of accidents along these areas. Ingress and
egress from the rights-of-way and sides of these areas, particularly
across traffic, presents an unsafe condition for motorist(s). In fact,
due to potential safety hazards, Subdivision (c) of § 1157
of the Vehicle and Traffic Law prohibits any person from peddling
or soliciting from any section of a state highway. However, § 32
of the General Business Law provides in relevant part that every honorably
discharged member of the Armed Forces of the United States who is
a New York State resident and a veteran of any war shall have the
right to peddle or sell goods upon the streets and highways within
the county of his or her residence by procuring a license for that
purpose. Thus, for certain war veterans, § 32 of the General
Business Law carves out an exception to the rule that no person shall
peddle or solicit from a state highway. However, this privilege is
purely personal to such veterans and has no application to any associate,
partner or employee of the licensee. Moreover, this privilege is further
limited by the fact that under Subdivision 8 of § 32 of
the General Business Law, any veteran holding a veteran's license
is made subject to any local law or ordinance requiring a further
application to the city, village or town for the issuance of a local
license. While the right to peddle the veteran's ware may be prohibited
altogether by such ordinance, the Town Board has decided to reasonably
regulate veteran peddling on state highways to assure public safety
and welfare.
C.
It is hereby found that to adequately protect motorist
and pedestrian safety, it is necessary to prohibit peddling and soliciting
by war veterans along the following sections of state highways, including
any area which requires ingress and egress along these areas:
For the purposes of this chapter, certain words
used herein are defined as follows:
Any person who, by going from house to house or place of
business to place of business or any combination thereof, predominantly
seeks contributions, fundraisers, petitions, solicits membership,
disseminates information or conducts activities which would not be
characteristic of a peddler or solicitor.
A building, store or depository in which or where the person
transacts business and deals in goods, wares, merchandise or services
in the ordinary and regular course of business.
Any person who, in any street or public place or by going
from house to house or from place to place, or any combination thereof,
on foot or from any vehicle, sells or barters or offers for sale or
barter or carries or displays for sale or barter any goods, wares,
merchandise or services. For the purposes of this chapter, the entity
which engages a person as their agent for the purposes of peddling
is also considered a "peddler," within the meaning of this section,
and is subject to all provisions herein.
Any individual, including veterans of the armed forces of
the United States, firm, copartnership, corporation, company, association
or joint-stock association, church, religious sect, religious denomination,
society, organizations or league, and includes any trustee, receiver,
assignee, agent or other representative thereof.
Any person, either principal or agent, traveling either by
foot or by any conveyance from place to place, from house to house,
from street to street or from place to place, or any combination thereof,
who takes or offers to take orders for the sale of any goods, wares
or merchandise, for present or future delivery, or for the performance
of future services, whether or not he collects advance payments for
such sale or service. For the purposes of this chapter, the entity
which engages a person or their agent for the purpose of soliciting,
is also considered a solicitor within the meaning of this section
and is subject to all provisions herein.
Highways within the Town of Yorktown classified as state
highways pursuant to Highway Law § 3, Subdivision 1, and/or
designated as such on the Official Highway Map of the New York State
Department of Transportation showing the location of state highways.
It shall be unlawful for any person to engage in the business of peddler or solicitor as defined in § 219-2 of this Chapter without having first obtained and having in force and effect a license therefor as herein provided.
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 town.
C.
Any person selling goods, wares, merchandise or services
regularly to those who are his established customers, patrons or purchasers.
D.
Any candidate running for a governmental office or
his representatives.
E.
A child 18 years of age or under who resides within
the Town of Yorktown and who solicits or peddles on behalf of a charitable,
religious, athletic, social, educational or civic organization, including
but not limited to the Boy Scouts, Girl Scouts, Cub Scouts, Brownie
Scouts, clubs, classes or organizations sponsored by the Lakeland
or Yorktown High School of which such child is a member.
F.
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 applicable licensing
and health and safety requirements of any other competent governmental
body or agency, as well as the Zoning Code of the town, and the sale
takes place from a stationery location upon property owned or leased
by the seller of such goods.
G.
A not-for-profit organization's sale of food ancillary
to a fundraising event, such as a picnic or carnival, that lasts no
longer than five consecutive days. This exemption shall not apply
to any door-to-door peddling or soliciting.
[Added 9-16-1992 by L.L. No. 18-1992]
A.
Each applicant for a license hereunder shall submit
to the Town Clerk a written verified application containing the following
information:
(1)
The name, address, date of birth, social security
number and motorist identification number of such person and the name
of the corporation, firm, association, club, partnership or any other
organization represented by such person.
(2)
A description of the vehicle which the applicant wishes
to use in carrying out the activity for which a license is sought.
(3)
The name and address of all entities whose property,
goods or services the applicant wishes to sell or solicit orders for.
(4)
An itemized statement of all property, goods or services
the applicant wishes to sell or solicit orders for.
(5)
County Health Department permit number, if a food
vendor.
(6)
If the applicant intends to hawk or peddle by going
from house to house or place to place, the route to be followed, the
dates and times of peddling or soliciting.
(7)
Two business references located in the County of Westchester,
State of New York or, in lieu thereof, such other available evidence
of the character and business responsibility of the applicant as will
enable the town to properly evaluate such character and responsibility.
(8)
The names and addresses of all partners, if a partnership,
and the names and addresses of all officers, directors and stockholders,
if a corporation.
(9)
If the applicant is a nonprofit corporation of the
State of New York, a certified copy of its certificate of incorporation,
together with any amendments or supplements thereto.
(10)
Designation of persons upon whom service may be made.
(11)
Such other information as the Town Board or Town Clerk
may determine from time to time.
B.
Such application shall be accompanied by three photographs
of the applicant, two inches by two inches in size, taken within 30
days prior to the date of filing of the application, full face on
a white background.
C.
Each applicant shall submit one set of fingerprints
to the Chief of Police or his designated representative. Such fingerprints
shall be maintained by the Town Clerk for the purpose of identification.
A.
The Town Clerk and the Police Department shall investigate
all applications, once properly completed and duly signed by the applicant.
B.
After completing the investigation pursuant to Subsection A above, the Chief of Police or his designated representatives shall forward to the Town Clerk his recommendation as to either granting or denying the application. No license shall be issued until the Chief of Police or his designated representative has indicated, in writing, his recommendation thereof.
C.
The Town Clerk may deny any application for cause,
after written notice, for the reasons following, including but not
limited to:
(1)
Fraud, misrepresentation or false statement in the
application for the license.
(2)
Fraud, misrepresentation or false statement made in
the course of carrying out the applicant's trade, business or occupation.
(3)
Prior violation of a peddling or soliciting ordinance
or law.
(4)
Records of breaches of solicited contracts.
(5)
Conviction of a felony or a misdemeanor which, in
the judgment of the Town Clerk or Chief of Police, renders the applicant
unfit or undesirable, except by a vote of the Town Board.
(6)
Carrying out of the licensed business, trade or occupation
in an unlawful manner or in such a way as to breach the peace or as
to endanger the public health, safety or general welfare.
(7)
Incomplete application.
D.
If an application is denied, the Clerk shall notify
the applicant by certified mail at the address indicated on the application
that the application is disapproved and shall deny the applicant a
license.
E.
Upon receipt of the following: a completed application;
a favorable report of the Police Chief's investigation; and the requisite
fee; and upon compliance with all the requirements of this chapter,
the Town Clerk shall issue a license to the applicant specifying the
particular business authorized. The dates of the issuance and expiration
of the license, as well as the specific nature of the business, shall
be set forth on the face thereof.
F.
Where an organization or entity has more than one
agent peddling or soliciting, each agent shall be licensed separately
and each shall pay the appropriate fee. Upon the expiration of a license,
a new license will be issued upon compliance with all the provisions
of this chapter and the payment of fees, except that the investigation
and processing period therefor may be waived by the Town Clerk.
[Amended 6-6-2017 by L.L.
No. 9-2017]
A.
The fees for licenses for the following shall be in an amount as
set forth in the Master Fee Schedule:[1]
B.
Provided that such person has completed the application for a license
and has met all other requirements as set forth in this chapter for
issuance of a license, there shall be no fee for such license for
an honorably discharged member of the Armed Forces of the United States
who is the holder of a license issued pursuant to § 32 of
the General Business Law of the State of New York.
All licenses issued hereunder shall automatically
expire on December 31 of the year of its issuance.
A.
The license shall be carried on the person of the
licensee at all times when engaging in peddling or soliciting. A picture
of the licensee shall appear on the valid license with the Town Seal
imprinted on the same. Every person peddling or soliciting within
this town shall produce the license issued hereunder and exhibit the
same to any person or officer requesting same. In the case of any
soliciting license, the license must be worn and displayed in a prominent
place on the person of the licensee at all times when the licensee
is engaging in soliciting. The inability or refusal of any person
to produce such license shall be presumptive evidence that such person
is peddling or soliciting without a license in violation of this chapter.
[Amended 11-19-1996 by L.L. No. 23-1996]
B.
The license shall not be transferable or assignable.
Should a licensee permit any other person to possess or use such license,
such license shall automatically be revoked, and the licensee shall
thereby be guilty of violating this chapter, and no application for
a further license may be made for a period of 18 months from the date
of revocation.
A.
It shall be unlawful for any person to engage in the business of canvasser, as defined in § 219-2 of this chapter, without having first officially registered with the Town Clerk. Registrants shall complete forms provided by the Town Clerk which shall require, but not be limited to, the following information:
(1)
The name and address of such organization, firm, association,
club, corporation or partnership.
(2)
The name, address, date of birth and social security
number of such person(s) who will represent the organization.
(3)
Two photographs of each registrant, two inches by
two inches in size, taken within 30 days prior to the date of filing
of the registration, full face on a white background.
(4)
The current tax status (i.e., whether tax exempt,
not-for-profit, etc.).
(5)
Proof of registration with the Department of State
Office of Charities Registration and/or the Attorney General Charities
Bureau.
(6)
Sample literature.
(7)
The date and state of incorporation, along with a
copy of the Articles of Incorporation.
(8)
The dates and times canvassing is to take place.
(9)
A list of streets, roads or neighborhoods where the
canvassing is to take place.
B.
The Town Clerk and Police Department shall investigate
all registrations, once properly completed and duly signed by the
applicant. After completing their investigation, the Police Department
shall forward to the Town Clerk their recommendations as to whether
the registrant shall be granted the permission to canvass within the
town.
C.
The Town Clerk may refuse to officially register any
canvasser for cause, after written notice, for the reasons following,
including but limited to:
(1)
Fraud, misrepresentation or false statement in the
registration form.
(2)
Fraud, misrepresentation or false statement made in
the course of canvassing activities.
(3)
Conviction of a felony or a misdemeanor which, in
the judgment of the Town Clerk or Chief of Police, renders the registrant
unfit or undesirable, except by a vote of the Town Board.
(4)
Evidence of carrying out of canvassing activities
in an unlawful manner or in such a way as to breach the peace or as
to endanger the public health, safety or general welfare.
(5)
Incomplete registration form.
D.
Upon receipt of a completed application, favorable
report of the Police Chief's investigation, the requisite fee and
upon compliance with all the requirements of this chapter, the Town
Clerk shall officially recognize the registration of the subject canvasser,
specifying the particular canvassing authorized. The date of the recognition
and expiration of the registration, the name and specific nature of
the canvassing organization, as well as the canvasser's name and photograph,
shall be included on an identification card to be provided for each
canvasser by its canvassing organization.
E.
Each organization shall renew its registration on
a yearly basis by providing the Town Clerk with a current list of
the names, addresses, dates of birth and social security numbers of
its canvassers, as well as the times, dates and places it intends
to canvass and current pictures of each canvasser.
A.
Licensed peddlers and solicitors or registered canvassers
shall not:
(1)
Enter upon private or public property for the purpose
of soliciting, peddling or canvassing before the hour of 10:00 a.m.
or after the hour of 8:00 p.m., Monday through Sunday. In the case
of motor vehicles selling food, the hours of operation shall be extended
from 8:00 a.m. to 9:00 p.m. June 15 through September 15. There shall
be no house-to-house soliciting or peddling on weekends, except upon
the express invitation of the householder or occupant.
[Amended 9-16-1992 by L.L. No. 18-1992]
(2)
Permit any vehicle used in such business to stand
or remain:
[Amended 8-4-1992 by L.L. No. 15-1992; 9-16-1992 by L.L. No. 18-1992]
(a)
Within the right-of-way or along the side of
any section of state highway, as well as any area that requires ingress
or egress from a state highway. However, pursuant to the limited exemption
granted under § 32 of the General Business Law, honorably
discharged veterans may peddle or solicit from portions of state highways
the Town Board deems suitable for such activity. This privilege is
purely personal to such veterans and has no application to any spouse,
relative, associate, partner or employee of the licensee. Areas of
state highway which the Town Board deems unsuitable for peddling or
soliciting and where no peddling or soliciting shall take place by
a veteran, either within the right-of-way or any other area that requires
ingress or egress within such area of state highway, include the following:
(b)
On any crosswalk.
(c)
Within 50 feet of any corner or turn or curve
in a highway.
(d)
Within 50 feet of a decrease in lanes of a highway.
(e)
Within 50 feet of the confines of any intersection;
(f)
Within 150 feet of any school, church or building
in which religious services are held, during school hours or hours
of public worship.
(g)
Within 750 feet of any residential lot line
for lots that contain residential units.
(3)
Call attention to his goods by blowing a horn, by
ringing a bell other than a house doorbell, or by shouting or crying
or by any loud or unusual noise; except that peddlers of ice cream
and ice cream products for immediate consumption are exempted from
the foregoing prohibition of the use of a bell. Freestanding signs
are strictly prohibited.
(4)
Frequent any street, sidewalk or public place so as
to cause a private or public nuisance.
(5)
Create, erect or maintain any booth or shed or place
any barrels, boxes, crates or other obstructions upon any street,
public place or private property for selling or exposing for sale
any goods, wares or merchandise.
(6)
Have any exclusive right to any location in the public
streets, nor shall any be permitted a stationary location, nor shall
any be permitted to operate in a congested area where such operation
might inconvenience the public or compromise the safety, health or
general welfare of the public. For the purpose of this chapter, the
judgment of any police officer exercised in good faith shall be deemed
conclusive as to whether such operation inconveniences the public
or compromises the safety, health or general welfare of the public.
(7)
Peddle, solicit or canvass on private or public property
which has displayed a sign bearing the words "No Peddling, Soliciting
or Canvassing" or words of like intent, nor shall any peddler, solicitor
or canvasser remain on the premises after the owner or occupant thereof
requests his departure therefrom.
(8)
Resort to deceptive acts or practices, physical abuse,
threats, intimidation or harassment in the course of conducting his
business or offer for sale any provision, food or merchandise that
is unwholesome, unfit or is otherwise harmful to the user or consumer
thereof.
(9)
Frequent any street, sidewalk or public place which
is within 200 feet of an established place of business, as defined
in this chapter.
[Added 11-19-1996 by L.L. No. 23-1996]
B.
Persons peddling or soliciting from a motor vehicle
shall not keep or maintain items outside said vehicle, including but
not limited to: tables, chairs, umbrellas or freestanding signs, except
that an umbrella may be attached to said vehicles, and two lidded
garbage cans, one for regular trash and one for recyclables, may be
kept and maintained outside said vehicles. Additionally, one generator
may be maintained outside a vehicle if the generator is not located
within 750 feet of any residential lot line for lots that contain
residential units. The generator must be kept within 20 feet of the
motor vehicle. All vehicles and appurtenance shall be kept in a sound,
clean and sanitary condition.
[Amended 9-16-1992 by L.L. No. 18-1992]
C.
Such license or registration shall include the right
to use only one vehicle or conveyance in carrying out the business
for which the person is licensed or registered. Said vehicle shall
not have more than two axles nor be larger than 22 feet from front
bumper to rear bumper. The use of any type of trailer shall be prohibited.
D.
All orders taken by a licensed solicitor or peddler
or registered canvasser for which he or she demands, accepts or receives
payment of deposit of money in advance of final delivery shall be
in writing, in duplicate, stating the terms thereof and the amount
paid in advance, and one copy shall be given to the purchaser at the
time of deposit or money is paid to the solicitor, peddler or canvasser.
Such orders can be taken only in compliance with applicable state
law, federal law and Federal Trade Commission rulings, and nothing
herein shall be taken to waive such restrictions; all applicable sales
tax shall be paid pursuant to state and federal laws.
A.
Any person desiring a permit to conduct a seasonal sale (i.e., Christmas trees, pumpkins, etc.) shall submit an application, duly verified by the applicant, upon forms prescribed by the Town Clerk as set forth in § 219-5A and B. Additionally, the applicant shall submit a proposed location for the proposed sale.
B.
Seasonal sales shall be permitted only in C-1, C-2, C-3, C-4 and C-R Zones, as those zones are defined by Chapter 300, Zoning. Such sale sites are subject to the approval of the Chief of Police and the Fire Marshal or their designated representatives, who shall consider among other things the traffic, building and fire safety for the proposed site.
C.
The application must be filed no less than two weeks
before the proposed sale is scheduled to begin.
E.
The permit shall expire automatically one month after
the date of its issuance. The permit shall be nonrenewable.
F.
The permit fee shall be in an amount as set forth in the Master Fee
Schedule.[1] Additionally, the applicant shall file with the Town Clerk
a cleanup bond in the amount of $500, subject to the approval of the
Town Attorney. Cleanup of the site must be completed within one week
of the conclusion of the sale. Said bond shall be released after an
inspection of the site reveals that the site has been left in a clean
and neat condition.
[Amended 6-6-2017 by L.L.
No. 9-2017]
G.
This section shall not apply to a retail establishment
conducting a sale at its established place of business in the ordinary
course of business.
Licenses issued under the provisions of this chapter may be revoked by the Town Clerk for cause after written notice, including but not limited to the same reasons for denying an application listed above in § 219-6C.
Any person aggrieved by the action of the Town
Clerk in the denial or revocation of a license as provided herein
may appeal to the Town Board. Such appeal shall be taken by filing
with the Board, within 14 days after the notice of the action complained
of has been mailed, a written statement which sets forth the grounds
for appeal. The Town Board shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be published in the
local newspaper no more than 20 days nor less than 10 days prior to
such hearing. Such notice shall also be served personally or by certified
mail to the applicant, licensee or registrant at the address provided
on his application at least five days prior to the date set for the
hearing. The decision of the Town Board on such appeal shall be final
and conclusive.
The Town Clerk shall keep a record of all applications,
licenses, registrations and revocations hereunder.
A.
Any person who peddles or solicits without first obtaining
the registration required hereunder shall be guilty of a misdemeanor,
punishable by a fine equal to the amount of the fee for the requisite
permit, plus an additional fine of not more than $500 and/or imprisonment
for not more than 15 days.
B.
Any person who canvasses without first obtaining the
registration required hereunder shall be guilty of a misdemeanor,
punishable by a fine of not more than $500.
C.
Any person who violates any provision of the chapter other than those set forth in §§ 219-17A and B above shall be guilty of a violation punishable by a fine not to exceed $250, and/or imprisonment for not more than 30 days, except that after the first violation, the person shall be guilty of a misdemeanor punishable by a fine not to exceed $500 and/or imprisonment for not more than 15 days.
D.
Each day on which any violation continues shall constitute
a separate and distinct violation hereunder.
