[HISTORY: Adopted by the Board of Trustees of the Village of Wappingers
Falls 2-13-1985 as L.L. No. 1-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. A154.
This chapter shall be known and may be cited as "Local Law Regulating
Itinerant Merchandising and Soliciting in the Village of Wappingers Falls,
New York."
The attention of the Board of Trustees of the Village of Wappingers
Falls has been directed to abuses and unscrupulous and disruptive acts by
persons engaged in door-to-door soliciting and selling of goods, wares and
merchandise; the maintenance of trucks, motor vehicles and temporary stands
in public streets and places and areas adjacent thereto for the purpose of
exhibiting and selling wares and merchandise, which has caused problems with
traffic and created a safety hazard; the imposition of unwarranted obligations
and commitments upon residents by such itinerant persons engaging in abuse,
violent conduct and threats; the unwanted intrusions upon the privacy of the
homes of residents; and the unaesthetic appearance of gypsy-like temporary
contrivances festooned with gaudy ornaments lining the public streets and
areas adjacent thereto and causing rubbernecking and resulting traffic hazards.
Many of the foregoing have resulted in complaints to police authorities because
of the danger caused, the unruly conduct or behavior or exaggerated, unethical
and spurious claims and representations with respect to such goods and merchandise;
and such unsalutory conduct has violated the safety, general welfare and good
order of the citizens of the village. It is the intent of this chapter to
regulate itinerant merchandising and soliciting to minimize and prevent the
foregoing abuses and violations of the rights of the citizens of the Village
of Wappingers Falls and to promote the peace, health, safety, welfare and
good order of the village and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
- ESTABLISHED PLACE OF BUSINESS
- A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares or commodities he peddles, vends or solicits in the ordinary and regular course of business.
- MERCHANDISING
- Refers to the selling, bartering or trading of or offering to sell, barter or trade any goods, wares, commodities or services.
- PEDDLER, HAWKER and SOLICITOR
- Include, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or who solicits contributions of goods or moneys in any public street or highway or public place or any area adjacent to a public street or public place or by going from house to house or place of business to place of business, on foot or on or from any vehicle standing in a street or highway or area adjacent to a street or highway, or by temporarily occupying a room, building or other premises therefor.
- PERSON
- Includes any individual, firm, partnership, corporation, unincorporated association and any principal or agent thereof.
It shall be unlawful for any person within the limits of the Village
of Wappingers Falls to act as a peddler, hawker or solicitor, as herein defined,
without first having obtained and paid for and having in force and effect
a license therefor.
[Amended 2-12-1997 by L.L.
No. 3-1997]
A.
Nothing in this chapter shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order of
any court.
(2)
Any person selling personal property at wholesale to
dealers in such articles.[1]
[1]
Editor's Note: Former Subsections A(3), (4), (5), (6) and (7), regarding
the peddling of meat and produce by farmers; merchants with an established
place of business; dealers in milk, baked goods, heating oil and daily newspapers;
real estate brokers and insurance salesmen; and honorably discharged members
of the Armed Forces, respectively, were repealed 5-13-1998 by L.L. No. 4-1998.
B.
The following are exempted from the fee provisions of
this chapter only:
(1)
Persons soliciting or collecting for any bona fide established
charitable, religious or fraternal organization or any person soliciting at
the express invitation of the person solicited or serving an established customer.
(2)
Candidates for political offices, whether local, county,
state or federal.
(3)
Any honorably discharged member of the Armed Forces of
the United States who has procured a license under Article 4 of the General
Business Law of the State of New York, provided that such honorably discharged
member of the Armed Forces of the United States shall be the sole operator
of the vehicle and/or receptacles to be used by the applicant in carrying
on the business for which the license is required.
[Added 5-13-1998 by L.L.
No. 4-1998; amended 10-11-2006 by L.L.
No. 7-2006]
A.
Every applicant for a license is required to submit to
the Village Clerk a written application supplying, under oath, the following
information:
(1)
The name and age of the applicant.
(2)
Permanent home residence.
(3)
The name and address of the firm represented, if any.
(4)
The length of time for which the license is required.
(5)
A description of the goods, wares or commodities to be
offered for sale, together with a true invoice of their amount, quality and
value, and a detailed statement of the requested particular business, trade
or occupation for which the license is requested.
(6)
All felonies or misdemeanors of which the applicant has
been convicted.
(7)
To the application must be appended a letter of authorization
from the firm which the applicant purports to represent.
(8)
The number and kind of vehicles, if any, to be used by
the applicant in carrying on the business for which the license is required.
(9)
The names and addresses of all partners, if a partnership,
and the names and addresses of the principal officers, if a corporation, and
the name and address of a person upon whom a legal notice may be served.
(10)
Such other information as may be required by the Board
of Trustees of the Village of Wappingers Falls.
B.
If the applicant has one or more employees who will work
in the town, the same information must be supplied as to each employee.
Upon receipt of the application and of the license fee and if reasonably
satisfied with the applicant's qualifications, the Village Clerk shall issue
a license to the applicant specifying the particular business authorized and
the location wherein it may be conducted. This license shall be nontransferable
and shall be in the continuous possession of the licensee while engaged in
the business licensed. The license shall be produced upon the demand of any
village official, prospective buyer, police officer or Sheriff. Any holder
of such license who permits it to be used by any other person and any person
who uses such license granted to any other person shall be guilty of a violation
of this chapter.
A.
The Village Clerk shall keep a record of the applications,
the determinations thereon and of all licenses issued in accordance with this
chapter. The record shall contain the name and residence of the person licensed,
the location of the business, the amount of the license fee paid and the date
of revocation of all licenses revoked.
B.
All licenses hereunder shall expire on the first day
of January following the date of issuance thereof.
[Amended 2-12-1997 by L.L.
No. 3-1997]
The fees for all licenses are hereby fixed by resolution of the Board
of Trustees.[1]
A.
A licensed peddler, hawker or solicitor shall:
(1)
Not willfully misstate the quantity or quality of any
article offered for sale.
(2)
Not willfully offer for sale any article of an unwholesome
or defective nature.
(3)
Not call attention to his goods by blowing a horn, by
ringing a bell other than a house doorbell, by shouting or crying out or by
any loud or unusual noise.
(4)
Not frequent any street in an exclusive nature so as
to cause a private or public nuisance.
(5)
Keep the vehicle and/or receptacles used by him in the
furtherance of his licensed business in a sound, clean and sanitary condition.
(6)
Keep his edible articles offered for sale well protected
from dirt, dust and insects.
(7)
Have every vehicle used in or about his business painted
with his name and address in letters at least two inches in height in a conspicuous
place on the outside of each side of said vehicle; and such name and address
shall be kept so plainly and distinctly painted at all times such vehicle
is in use.
(8)
Not transact business from the intersection of East Main Street
and Spring Street along East Main Street to the intersection of West Main
Street and Church Street; along Market Street from the intersection of East
Main Street to the intersection of Franklin Street; along Mill Street from
the intersection of High Street to the intersection of East Main Street; and
in Meiser Park unless given specific permission by the Village Board of Trustees
of the Village of Wappingers Falls to conduct business in said park.
[Added 10-11-2006 by L.L. No. 7-2006]
B.
A licensed peddler, solicitor or hawker shall:
(1)
Operate in accordance with the terms, conditions and
prohibitions as specified by the Village Board of Trustees of the Village
of Wappingers Falls regarding time, place, method and movement. Said limitations,
if any, shall be made by the licensing authority after consideration of the
proposed method of peddling and solicitation, vehicle and pedestrian traffic
and all other factors deemed relevant by the Board of Trustees of the Village
of Wappingers Falls. In no event shall the licensee stand or permit the vehicle
used by him to stand in one place in any public place or street or area adjacent
to a public place or street for more than 10 minutes, nor in front of any
premises for any time if the owner or the lessee of the ground objects.
[Amended 5-13-1998 by L.L.
No. 4-1998]
(2)
Not create or maintain any booth or stand or place any
barrels, boxes or crates upon any street or public place or any area adjacent
thereto for the purpose of selling or exposing for sale any goods, wares or
merchandise.
C.
It shall be unlawful for any person to engage in peddling
or soliciting before the hour of 9:00 a.m. of any day or after 7:00 p.m. or
sunset, whichever occurs first. No peddling or soliciting are allowed on national
holidays.
[Added 2-12-1997 by L.L.
No. 3-1997]
D.
It shall be unlawful for the peddler or solicitor plying
his trade to enter any premises or property or to ring the bell, knock upon
or enter any building whereon is affixed or displayed a sign containing any
or all of the following words:" No peddler," "No soliciting," "No agents"
or other wording the purpose of which purports to prohibit peddling or soliciting
on the premise.
[Added 2-12-1997 by L.L.
No. 3-1997]
A.
Licenses issued under provisions of this chapter may
be revoked by the Village Clerk of the Village of Wappingers Falls after notice
and hearing for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application for license.
(2)
Fraud, misrepresentation or false statement made in the
course of carrying on his business as peddler, hawker or solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling, hawking or soliciting
in an unlawful manner or in such a manner as to constitute a breach of the
peace or to constitute a menace to the health, safety or general welfare of
the public.
B.
Notice of the hearing for revocation of a license shall
be given in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage prepaid,
to the licensee at his last known address at least five days prior to the
date set for hearing.
C.
The Village Clerk, upon receiving information giving
him reasonable cause to believe that the holder of any license issued hereunder
has violated any provisions of this chapter or has been convicted of any violation
referred to in this section or has been indicted or charged with or for any
crime or offense or has been convicted of any crime or offense, may forthwith
temporarily suspend such license until a hearing is held by him, as provided
herein, and the Village Clerk shall have issued his determination thereon.
D.
If the licensee has one or more employees, the revocation
hereunder shall apply to the licensee and all employees if either he or any
one or more of his employees are determined to be in violation of this chapter.
[Added 5-13-1998 by L.L.
No. 4-1998[1]]
All said applications pursuant to this chapter that, if granted, would
allow the applicant to conduct the sale of goods or wares on private property,
and said sale of goods or wares shall occur on more than three days in any
consecutive thirty-day period, shall be subject to site plan approval by the
Village of Wappingers Falls Planning Board.
[1]
Editor's Note: This local law also repealed former § 110-12,
Appeal.
It shall be the duty of any police officer of the Village of Wappingers
Falls to require any person seen peddling or soliciting and who is not known
by such police officer to be duly licensed to produce the peddler's or solicitor's
license and, if not available, to enforce the provisions of this chapter by
citing (ticketing) such person or persons.
[Amended 2-12-1997 by L.L.
No. 3-1997; 10-11-2006 by L.L. No. 7-2006]
Any person violating any provision of this chapter may be punishable
by a fine of not more than $1,500 or imprisonment for a period not exceeding
15 days, or both.
All orders taken by licensees who demand or accept payment or deposit
of money in advance of 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 the deposit of money is made.
