[HISTORY: Adopted by the Town Board of the
Town of Hyde Park 3-20-1989.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 70, Hawking and Peddling, adopted 8-31-1970, as amended.
It shall be illegal for any person to publicly
sell, hawk or peddle any articles of merchandise, including any property
not considered articles of merchandise, on any street located within
the territorial boundary of the Town of Hyde Park without first having
obtained a license from the Town Clerk as hereinafter provided, except
as exempted herein.
A.
The provisions of this chapter shall not apply to
the peddling of farm produce by farmers and persons who produce such
goods or employees of said producer. The term "farm produce" shall
be interpreted to mean only edible farm products.
B.
This chapter is also not intended to cover the delivery
or sale of newspapers or local organizations for legitimate fund-raising
programs.
C.
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Dutchess County Clerk under § 32 of the General Business Law to hawk, peddle, vend or solicit trade on the streets and highways within the County of Dutchess shall be exempt from the provisions of § 70-5 of this chapter. Upon approval of the veteran's application, the Town Clerk will issue the license to said veteran to ply his trade in the Town of Hyde Park, subject to all other provisions of this chapter.
A.
Application requirements. Applicants for a license
to peddle or a renewal thereof shall file with the Town Clerk a verified
application, in duplicate, upon a form supplied by the Town Clerk,
which shall contain the following:
(1)
The name, address and telephone number of the applicant.
(2)
The applicant's place of residence for the past five
years.
(3)
The applicant's business or employer for the last
five years.
(4)
The applicant's age, height, weight, color of eyes,
color of hair and place of birth.
(5)
Two full-face photographs of the applicant taken within
at least 30 days of the application and measuring at least 1 1/2
inches by 1 1/2 inches.
(6)
Whether or not the applicant has ever been convicted
of a felony, misdemeanor or violation of any municipal ordinance,
except traffic violations, and, if so, the date, court, ordinance
violated and sentence of the court.
(7)
Whether the applicant has been previously licensed
in any occupation and, if so, when, where and for what periods and,
if such previous license was ever revoked, the date of revocation
and the reason therefor.
(8)
Fingerprints.
(9)
The name and address of the person, firm or corporation
the applicant represents or is employed by.
(10)
The particular business, trade or occupation for which
the license is requested, including a brief description of the nature
of the business and the kinds of goods or property to be peddled or
solicited.
(11)
The manner or means of conveyance in which said business
or trade or occupation shall be conducted.
(12)
If the application is for a license to handle food
in any form, the applicant shall submit a valid permit issued by the
Dutchess County Health Department indicating compliance with the provisions
of the Dutchess County Public Health Regulations.
(13)
If the applicant requires the use of weighing and/or
measuring devices, such application shall be accompanied by a certificate,
not more than six months old from the County Sealer of Weights and
Measures certifying that all weighing and measuring devices to be
used by the applicant have been examined and approved.
(14)
If the application involves the use of a vehicle,
proof that the applicant holds a valid state driver's license.
(15)
If the application involves the use of a vehicle,
proof of a valid state motor vehicle registration for the vehicle
to be used.
(16)
Proof that the applicant holds a New York State sales
tax identification number.
B.
In the event that any other license or permit shall
be required by any other governmental agency in connection with applicant's
business, the same shall be produced by the applicant, and the Town
Clerk shall duly note the same.
C.
Any change in circumstances with regard to the information
provided in the application or on the license shall be reported to
the Town Clerk within 30 days.
D.
If more than one person applies for a license pursuant
to this section, such applicants shall file a similar application,
and such applicants must be related by blood or marriage and are required
to be residents of the Town of Hyde Park. In such event, only one
fee shall be collectible for one license.
E.
Licenses for hawkers and peddlers shall be issued
by the Town Clerk of the Town of Hyde Park, subject to approval of
the Town Board of the Town of Hyde Park. Applicants shall submit their
applications to the Town Clerk of the Town of Hyde Park with all required
information and a nonrefundable application fee set by the Town Board
in the Town's Fee Schedule. The Town Clerk shall forward the fingerprints
of the applicants and applicable fees to the Division of Criminal
Justice Services, in the form and manner as prescribed by the Division,
for a search of its criminal history records, and shall review the
report returned by the Division. The Town Clerk shall recommend a
"yes" (approve) or "no" (deny) to the Town Board for its approval
or disapproval of the application. Upon notification by the Town Board
of the approval, the Town Clerk shall be authorized to issue said
license after payment of the fee as hereinafter set forth. Upon notification
of disapproval by the Town Board, the notice of disapproval shall
be transmitted to the applicant.
[Amended 1-1-2007 by L.L. No. 2-2007; 2-22-2021 by L.L. No. 2-2021; 11-1-2021 by L.L. No. 7-2021]
F.
A license
may be refused if the applicant shall have been convicted of a misdemeanor
or felony which in the judgment of the Town Board renders the applicant
unfit or undesirable to carry on the trade or occupation involved.
The Town Board may also refuse a license to any person who in its
judgment may be an undesirable person or incapable of properly conducting
the trade or business desired. Any applicant who has been refused
a license by the Town Board may appeal the refusal to the Town Board
for a public hearing at which the licensee shall have an opportunity
to be heard, as provided in § 150-13 of this Code.
[Added 2-22-2021 by L.L. No. 2-2021]
All licensees desiring to renew their licenses
shall make application to the Town Clerk of the Town of Hyde Park
at least 60 days prior to the termination of their existing license,
together with the necessary fee for said renewal as hereinafter set
forth. The Town Clerk shall refer all applications for said renewal
to the Town Board, who shall approve or disapprove the same. Upon
the approval by the Town Board, the Town Clerk shall be authorized
to issue a new license, which shall terminate as hereinafter set forth.
[Amended 1-1-2007 by L.L. No. 2-2007; 2-22-2021 by L.L. No. 2-2021]
Under this chapter, the fees shall be set by resolution of the
Town Board. All fees will be collected by the Town Clerk.
A.
Each licensee shall at all times have on their person
while engaged in the purpose licensed under this chapter the license
issued hereunder and shall exhibit the same to any Town official or
police officer upon request.
B.
If a peddler's license is lost or stolen, such shall
be reported to the Town Clerk within 10 days. Upon notification, the
Town Clerk shall issue a replacement peddler's license upon payment
by the licensee of the fee set by resolution of the Town Board.
[Amended 1-1-2007 by L.L. No. 2-2007]
It shall be illegal for any person licensed
under this chapter to remain in one location for any period longer
than is actually necessary for the conduct of said business licensed
hereunder.
No license issued under the provisions of this
chapter may be used or displayed at any time by any person other than
the person whose name and picture appears on the license.
A.
Pursuant to § 1157(c) and § 1800
of the New York State Vehicle and Traffic Law, no pedestrian shall
occupy any part of a state highway in any manner for the purpose of
selling or soliciting, except a veteran holding a peddler's license
under §§ 32 and 35 of the General Business Law.
B.
It shall be unlawful for any peddler or solicitor
to peddle, vend or sell his/her goods or wares on any County road
within the Town of Hyde Park.
C.
It shall be unlawful for any peddler or solicitor
to peddle, vend or sell his/her goods or wares within 250 feet of
any intersection of roads within the Town of Hyde Park.
D.
No peddler who is licensed by the Town to sell from
a vehicle shall peddle on privately owned lands unless specifically
authorized by the Town Board to do so for an event such as a flea
market, carnival, circus, community day or any similar activity. Peddling
from a vehicle shall only be permitted along the public way.
E.
It shall be unlawful for any peddler or solicitor
in plying his trade to enter upon any premises or property or to ring
the doorbell or knock upon or enter any building whereon there is
painted or otherwise affixed or displayed to public view any sign
containing any or all of the following words: "No peddlers, no solicitors,
no agents," or other wording, the purpose of which purports to prohibit
peddling or soliciting on the premises.
F.
It shall be unlawful for any peddler or solicitor
in plying his trade to enter property on which there exists an apartment
complex, mobile home park or a shopping complex to solicit on foot
without the permission of the owner of such property to do so.
G.
It shall be unlawful for any peddler or solicitor
to peddle, vend or sell his/her goods or wares within 250 feet of
any church or place of worship during services or any place occupied
as a public or private school or college or for school or college
purposes, while in session, nor shall be/she permit his/her cart,
wagon or vehicle to stand on any public highway within said distance
of any such school or college property, while in session.
H.
It shall be unlawful for any peddler or solicitor
to peddle, vend or sell his/her goods or wares within 1,000 feet of
any other peddler or solicitor.
I.
Use of signs and displays.
(1)
The use of movable, portable and/or freestanding signs
by peddlers is prohibited.
(2)
No peddler shall display merchandise or goods for
sale other than on his/her person or in the vehicle for which he/she
is licensed pursuant to this chapter. Displays of merchandise on the
ground or on movable structures or stands outside the peddler's vehicle
are prohibited. Use of tables, seats or freestanding counter is prohibited.
(3)
Only one awning or umbrella which is mounted on a
vehicle licensed pursuant to this chapter is permitted per vehicle.
(4)
It shall be lawful for peddlers to use signs which
are painted on or affixed to a peddler's vehicle, provided that the
same do not exceed the dimensions of the vehicle on which they are
placed, and such vehicle can be driven with the sign affixed. Such
signs permitted shall be exempt from the provisions of the Town of
Hyde Park Zoning Ordinance.[1]
It shall be the duty of any police officer of
the Town of Hyde Park to require any person seen peddling or soliciting
and who is not known by such police officer to be duly licensed to
produce his/her peddler's license and to enforce the provisions of
this chapter against any person found to be violating the same.
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Board of the Town of Hyde Park, 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 business as a peddler.
(3)
Any violation of this chapter.
(4)
Conviction for any crime or misdemeanor involving
moral turpitude.
(5)
Conviction for a felony or misdemeanor, which misdemeanor
or felony, in the judgment of the Town Board, renders the applicant
unfit or undesirable.
(6)
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a menace to health, safety
or general welfare of the public.
(7)
Upon the recommendation of the Dutchess County Department
of Health that the sale of food or food products or other edibles
is being conducted under unsanitary conditions or that there is a
violation of law, regulation, code or ordinance cited by the Dutchess
County Department of Health.
[Added 2-22-2021 by L.L. No. 2-2021]
A.
Any person
aggrieved by the action of the Town Board in refusing or revoking
a license as provided in this chapter shall have the right to appeal
to the Town Board within 14 days of the refusal or revocation of the
license.
B.
The Town
Board shall set a date, time and place for the hearing on such appeal,
and notice of such hearing shall be mailed to the applicant by regular
mail and certified mail at the applicant's address as shown on the
application at least 10 days prior to the date set for the hearing.
C.
The applicant
shall be provided with an opportunity to be heard at the public hearing,
and to present evidence and/or arguments as to why the application
should not have been denied or revoked, as the case may be.
D.
If after
the conduct of the public hearing the Town Board determines that the
license should be granted, or the revocation of the license should
be withdrawn, the applicant and the Town Clerk shall be so notified
within 10 days after the date of determination of the Town Board,
and the Town Clerk shall issue or reissue the license, as the case
may be. In the event the Town Board determines to sustain its original
refusal to issue the license or its revocation of the license, the
applicant shall be provided notice of such determination within 10
days of the date of close of the hearing, and the applicant shall
have the right to a review of such determination pursuant to the provisions
of Article 78 of the Civil Practice Law and Rules of the State of
New York, but any such proceeding must be commenced within 30 days
after the mailing of the notice of the action sought to be reviewed
and the filing of the same in the Town Clerk's office.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be subject to a penalty not
to exceed $250 or to an imprisonment for a term not to exceed 15 days,
or both. The continuance of an offense for each twenty-four-hour period
shall be deemed a distinct and separate violation.
