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Town of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Ossining 3-22-2005 by L.L. No. 4-2005.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 144, Peddling and Soliciting, adopted 11-23-1971 by L.L. No. 2-1971, as amended.
No person, except as may otherwise be provided herein or in any other provision of the Town Code, shall canvass, solicit, peddle, or vend goods, wares, and merchandise in or upon public highways, public places of the Town, private property, door to door, or place to place in the Town of Ossining without first registering with the Town Clerk.
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER, CANVASSER, SOLICITOR, OR VENDOR
Includes vendors of goods, wares, and merchandise in or upon public highways or places and itinerant vendors of merchandise who go from door to door or place to place within the Town of Ossining selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatever. "Goods, wares, and merchandise," within the terms of this chapter, shall include food/refreshments, magazines, periodicals, books and orders or contracts for services, home improvements or alterations. For the purpose of this chapter, a canvasser or solicitor shall also be deemed to be one who is not in the business of selling goods but who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar work which of its nature involves a door-to-door or place-to-place activity and shall include persons going from door to door or place to place for the purpose of contributions or donations for any persons or organization.
The purpose of this chapter is to prevent fraud, crime and unethical and dishonest business practices and for the general protection, health and welfare of the residents of the Town of Ossining.
Each registrant shall, at the time of registering, file with the Town Clerk, on a form to be designed and provided by the Town, an application in writing which shall give the following information and shall be signed and affirmed by the applicant under the penalties of perjury:
A. 
The name, age and physical description of the applicant.
B. 
A complete permanent home and local address of the applicant and telephone number at such addresses.
C. 
The name and address of the organization or person for whom solicitation is being made and telephone number at such address.
D. 
A description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine the business he is to transact.
E. 
Two photographs of the applicant, which shall be approximately 2 1/2 inches by 2 1/2 inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.
F. 
The days, dates and routes of his business or solicitation in the Town of Ossining which, unless special permission is granted by the Chief of Police, shall be between the hours of 9:00 a.m. and 5:00 p.m. For registrants filing hereunder pursuant to § 144-10, such solicitation or canvassing shall be between the hours of 9:00 a.m. and 9:00 p.m. unless special permission is granted by the Chief of Police.
G. 
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense and where and when so convicted, the nature of the offense and the penalty, if any.
H. 
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation in the Town and the number of his driver's license and the state of issuance.
I. 
Proof of Westchester County Department of Health certificate for food vendors.
A. 
Each applicant shall permit his fingerprints to be taken by the Police Department and shall consent to the submission of said fingerprints to the Division of Criminal Justice Services for the processing of a criminal history record review. The applicant shall submit with his application the then-current fee charges by the Division of Criminal Justice Services for such review.
B. 
[1] If the criminal history record review indicates that the applicant has been convicted of a crime or other offense, then the Chief of Police may deny the requested certificate if he determines that such criminal record history warrants such a denial in order to protect the public health, safety and welfare, pursuant to Article 23-A of the New York State Correction Law.
[1]
Editor's Note: Former Subsection B, concerning fingerprints taken by another municipality, was repealed 8-23-2005 by L.L. No. 5-2005. This local law also provided for the redesignation of former Subsections C and D as Subsections B and C, respectively.
C. 
This section shall not be applicable to any person, organization, society or association of a charitable, religious, patriotic, political or community nature desiring to solicit or canvass, or have solicited or canvassed in its name, money, property or financial assistance for which no merchandise, wares or services are required.
A separate registration must be made for every solicitor, agent or employee conducting business or soliciting within the Town limits.
Each registrant, upon being so registered, shall be issued a registration certificate by the Chief of Police, subject to § 144-8 below, upon which shall be affixed one photograph of the applicant, over which certificate shall be impressed the Official Seal of the Town of Ossining and the period for which said certificate shall be valid, but in no event to exceed one year from the date of issuance.
Each registrant shall carry the registration certificate at all times when conducting business in the Town and shall exhibit it to any citizen or Town official upon request. At the conclusion of the period for which the registration certificate was issued, said registration certificate shall be returned to the Chief of Police.
In the event that an application for canvassing or soliciting is incomplete, it shall be disapproved and be returned to the applicant for completion. The applicant may appeal to the Town Board of the Town of Ossining, which shall set a time and place for a hearing, which hearing shall be held within 15 days after a request for an appeal has been filed with the Chief of Police, at which hearing the applicant will be given an opportunity to present his reasons why the registration certificate should be issued. The decision of the Town Board shall be final.
Every person to whom a registration certificate is issued under the terms of this chapter shall be governed by the following rules and regulations:
A. 
No person subject to the provisions of this chapter shall canvass, solicit or otherwise go from door to door or place to place or into any park within the Town of Ossining for the purpose of canvassing or soliciting, as defined in § 144-2, except between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, unless special permission is given by the Chief of Police, except that registrants pursuant to § 144-10 hereof may so canvass or solicit between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday, in accordance with § 144-10D.
B. 
No person subject to the terms of this chapter shall enter or attempt to enter the house or apartment of any resident in the Town without an express invitation from the occupant of the house or apartment.
C. 
No person subject to the terms of this chapter shall conduct himself in such a manner as to annoy or harass any person while soliciting within the Town.
A. 
Any person, organization, society or association of a charitable, religious, patriotic, philanthropic or community nature desiring to solicit or canvass or have solicited or canvassed in its name money, property or financial assistance may be exempt from §§ 144-1, 144-4, 144-5, 144-6 and 144-7 of this chapter, provided that there is filed with the Chief of Police an application, in writing, giving the following information:
[Amended 8-23-2005 by L.L. No. 5-2005]
(1) 
Names of solicitors or canvassers and the purpose or cause for which solicitation or canvassing is being made.
(2) 
Names and addresses of the officers of the organization and telephone number of a responsible individual.
B. 
Each solicitor or canvasser for such organization, society or association shall carry proper identification indicating his or her membership in or relationship to such organization, society or association and shall display same upon request while soliciting or canvassing in the Town.
C. 
If an exempt status application is rejected by the Chief of Police, the applicant may, at his option, file an application under § 144-4 hereof or appeal to the Town Board under the procedure detailed in § 144-8 hereof.
D. 
No person subject to the provisions of this chapter and granted an exemption under this section shall canvass, solicit or otherwise go door to door or place to place within the Town for the purpose of canvassing or soliciting as defined in § 144-2, except between the hours of 9:00 a.m. and 9:00 p.m., Monday through Saturday, unless special permission is given by the Chief of Police.
Any honorably discharged member of the Armed Forces of the United States, holding a license pursuant to § 32 of the General Business Law, must register with the Town Clerk under the same conditions as any other peddler. No fee shall be required of any such veteran of the Armed Forces of the United States, except that conveyances not owned by such veteran shall be registered at the usual fee.
A. 
No licensed peddler, canvasser, solicitor, or vendor shall permit any cart, wagon, or vehicle owned or operated or controlled by him to stand stationary or remain stationary, nor shall he sell or offer for sale therefrom or from any pack or container any goods, wares or merchandise of any kind within the lines of any street, highway, or sidewalk in the Town of Ossining, within 300 feet of any schoolhouse or school grounds or within 1,500 feet of any public market or store engaged in the business of selling the same goods, wares and merchandise offered by the licensee or in front of any premises if the owner or any lessee thereof objects thereto.
B. 
No peddler, solicitor, or vendor shall have any exclusive right to any location in any street or on any public property, nor shall any peddler, vendor, or solicitor be permitted to occupy any stationary location in any street or on any public property. No person may peddle, solicit, or vend in any congested place or area when or where such activity may impede or inconvenience the public or add to the congestion of such place or area. For the purpose of this subsection, the judgment of any police officer, exercised in good faith, shall be deemed conclusive as to the existence of congestion and as to whether the public is impeded or inconvenienced.
A. 
The license fee payable by each peddler/vendor for each unit, truck or any conveyance carrying merchandise and for each solicitor or canvasser going from house to house shall be specified in a schedule of fees adopted by the Ossining Town Board.
B. 
Accredited representatives of any charitable, educational, fraternal or religious organization or corporation not having its office in the Town of Ossining shall not be required to pay a fee but shall otherwise file the information required by § 144-10.
Any violation of this chapter shall be a misdemeanor and may be punishable by a fine not exceeding $250 or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
All registration certificates issued under the provisions of this chapter shall expire one year from the date of issuance, unless an earlier expiration date is noted on the permit.