LL #11-2002L oca I L a w Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
Kwall
of -------- Wappinger--- -- --- - - - - ---- ---
Town - ---
XUKW
Local Law No. -_#1.1_----------------------------- of the year 20.02 _
A local law _entitled__" _Local Law No. 11 of th--------------------------------------------------------------
Year 2002, Amendments to the Town
fl—" ri•i
_of _appinger_Code Regulating Peddlingi and Soliciting"
Be it enacted by the --TQv--BQ-4rd---------------------------------------------------------------------- of the
(,V—, of L agulwi- Body)
qty
Town of -------------- wappingex------------------------------------------------------------- as follows:
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. i F'9Q) (1)
LOCAL LAW NO. 11 OF THE YEAR 2002,
AMENDMENTS TO THE TOWN OF WAPPINGER CODE
REGULATING PEDDLING AND SOLICITING
A Local Law entitled "Local Law No.11 of the Year 2002, Amendments to the Town of
Wappinger Code Regulating Peddling and Soliciting."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section is Title:
This Local Law shall be known and cited as Town of Wappinger Local Law No. 11
of 2002, entitled "Local Law No.11 of the Year 2002, Amendments to the Town of Wappinger
Code Regulating Peddling and Soliciting" and by the adoption hereof shall amend Chapter 175 of
the Code of the Town of Wappinger.
The Town hereby amends Chapter 175 of the Code of the Town of Wappinger to read as
follows:
"CHAPTER 175
PEDDLING AND SOLICITING
§ 175-1. Title.
The name of this Chapter shall be entitled "Peddling and Soliciting."
§ 175-2. Statutory authorization.
This Chapter is adopted pursuant to the authority granted to the Town of
Wappinger pursuant to Town Law §§ 136, Subdivision 1, and 137; Vehicle and
Traffic Law § 1157 (c); and General Business Law §§ 32 and 35.
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§ 175-3. Statement of findings; intent.
A. The Town of Wappinger finds that there has been a major increase in the
number of solicitors and peddlers of a transient, stationary and semi -stationary
nature, selling their goods and wares door to door from vehicles and stands on
vacant and improved land and on the public highways in the Town.
B. This increase of transient solicitors and peddlers and those who establish
themselves at fixed locations create a potential danger to the health, safety and
general welfare of the citizens of the Town. The problems created include
increased traffic, congestion and parking problems.
C. This Chapter is intended to be an expression of the police power of the
Town and is not intended to be a revenue measure.
§ 175-4. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
SOLICITOR — Any person, including an employee or agent of another who takes
or offers to take orders for the sale of any goods, wares or merchandise for future
delivery, or for the performance of future services, or distributes advertising
material or solicits information which will be provided to others, or requests a
contribution of money or anything of value, on any public street or sidewalk, or
upon premises of any residence in the Town not having been invited by the
occupant thereof.
LICENSEE — A person to whom a license has been issued pursuant to this
Chapter.
PEDDLER — Any person, including an employee or agent of another, who sells or
offers to sell food, beverages, goods, merchandise or services on any public street
or sidewalk from a stand, motor vehicle or from his or her person, or one who
goes upon the premises of any residence in the Town, not having been invited by
the occupant thereof, selling or offering to sell food, beverages, goods,
merchandise or services.
PUBLIC STREET OR SIDEWALK — Includes all areas legally open to public
use as public streets, sidewalks, roadways, highways, parkways, alleys and any
other public way.
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STAND -- Any newsstand, table, bench, booth, rack, handcart, pushcart or any
other fixture or device which is not required to be licensed and registered by the
New York State Department of Motor Vehicles, used for the display, storage or
transportation of articles offered for sale by a peddler or solicitor.
STATIONARY PEDDLER — Any Peddler who stands or remains in one location
or within Two Hundred (200) feet of said location for more than ten (10) minutes
in any twenty-four (24) hour period.
§ 175-5. License required.
A. It shall be unlawful for any person, except as exempted herein, to engage in
activity as a peddler or solicitor within the Town of Wappinger, without first
obtaining a license from the Town Clerk, as herein provided.
§175-6. Exemptions.
A. No part of this Chapter shall be enforced so as to conflict with Article 4 of the
New York State General Business Law.
B. The requirements of this Chapter shall not apply to the following, provided
that official uniforms, clothing, insignia or other identifications are displayed:
(1) Representatives of any not-for-profit religious, charitable, educational,
civic or political organization.
(2) Any non -for-profit membership, organization, or corporation such as
the Boys Scouts of America, Girl Scouts of America, Little League,
Soccer League, Football League, local volunteer firemen or similar
such organizations.
(3) Candidates for elective office or their representatives.
C. Nothing in this Chapter shall be held to apply to:
(1) Sales conducted pursuant to statute or by order of any court.
§ 175-7. License application requirements.
A. An application for a license or for a renewal thereof shall be made to the Town
Clerk, in writing, and shall contain the following information:
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(1) Name, age, telephone number, permanent address and current address,
if different of the applicant, if different.
(2) A description of the nature of the business or activity to be conducted
and the food, beverages, goods, merchandise or services to be peddled
or solicited.
(3) If an employee or agent of another, the name and address of the
applicant's employer or principal, together with proof of employment
or agency. If such employer or principal is a corporation, the state of
incorporation, together with a statement that the corporation is in good
standing with the state of incorporation.
(4) The names of all municipalities in which the applicant has carried on
the business of peddler or solicitor in the preceding six months.
(5) If a vehicle is to be used, a description of such vehicle, its license plate
number, state of registration and operator license number.
(6) A photocopy of the applicant taken within 60 days immediately prior
to the date of the application, which photograph shall clearly show the
head and shoulders of the applicant and shall measure approximately
two inches by two inches.
(7) If the application is for a license to sell or handle food in any form, a valid
permit issued by the Dutchess County Health Department establishing
compliance with the provisions of the Dutchess County Public Health
Regulations.
(8) If the applicant requires the use of weighing and/ or measuring devices, a
certificate, not more than six months old, from the Dutchess County Sealer of
Weights and Measures certifying that all weighing and measuring devices to
be used by the applicant have been examined and approved.
(9) A copy of any license or permit required by any other governmental agency in
connection with the applicant's business.
B. The application shall be accompanied by an application/ renewal fee, as
set from time to time by resolution of the Town Board, which shall be
nonrefundable.
C. Any change in circumstances with regard to the information provided in
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the application or on the license shall be reported to the Town Clerk within 30
days of such change.
§ 175-8. License application procedure.
A. An application to solicit or peddle accompanied by all required
information shall be submitted to the Wappinger Town Clerk.
B. The Town Clerk shall review the application within 45 days of its receipt
for compliance with this Chapter and respond to the Town Board with written
comments is he/ she deems necessary.
C. If approved, the Town Clerk shall, after payment of the appropriate fee
and all requirements are satisfied, issue a license.
D. Denial of a license shall be subject to review by the Town Board, upon
written application within Thirty (30) days of the date of the denial. If the Town
Board, after such review, grants the application, such application shall be returned
to the Town Clerk or authorized deputy.
§ 175-9. Fees.
A. An applicant for a license issued pursuant to this Chapter shall pay an
annual license fee as set from time to time by resolution of the Town Board, to be
collected by the Town Clerk.
B. A license for a one (1) weekend only permit shall be set from time to time
by resolution of the Town Board.
§ 175-10. License production and display.
A. Every licensee, while engaged in the activity for which a license was
issued pursuant to this Chapter, shall carry on his or her person such license and
shall exhibit such license to any person. upon request.
B. If a license issued pursuant to this Chapter is lost or stolen, such loss shall
be reported to the Town Clerk within Ten (10) days of discovery of such loss or
theft. upon such notification, the Town Clerk shall issue a replacement license
for a fee as set from time to time by resolution of the Town Board, to be collected
by the Town Clerk.
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§ 175-11. Transferability.
No license issued pursuant to this Chapter shall be used or displayed at any time
by any person other than the person whose name and picture appear on such
license.
§ 175-12. Restrictions.
(1) Pursuant to § § 1157 (c), 1202 and 1800 of the New York State
Vehicle and Traffic Law, no licensee shall occupy any part of a state
highway in any manner for the purpose of peddling or soliciting,
except a veteran holding a license issued pursuant to Article 4 of the
New York State General Business Law.
(2) No licensee shall, while engaged in the activity for which a license was
issued pursuant to this Chapter, stand or remain:
(a) Within 100 feet of any public street intersection.
(b) On any public sidewalk.
(c) Within 250 feet of any commercial establishment which sells
like goods, public building, government building, premises
occupied as a public or private school or college or used for
such purposes, or premises primarily used for religious
purposes.
(3) No stationary peddler shall engage in the activity for which a license
was issued pursuant to this Chapter in a Residential District as defined
in § 240, Zoning.
(4) No licensee shall have any exclusive right to any location in the public
streets not shall a licensee be permitted to operate in a congested area
where such operation impedes access to the entrance of an adjacent
building or driveway, on the paved portion of any public highway,
obstruct traffic flow, or otherwise create circumstances which would
endanger the public health, safety and welfare of the traveling public.
For the purpose of this Chapter, the judgment of any police officer or
of the Building Inspector or Zoning Administrator of the Town of
Wappinger exercised in good faith shall be deemed conclusive as to
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whether the area is congested or the public impeded or
inconvenienced.
B. All licenses will be automatically suspended on any occasion sponsored
by the Town of Wappinger and/ or County of Dutchess (example: Community
Day, Balloon Fest, etc.). Violations will be as stated in § 175-14 of this Chapter.
•� .i�1IM9FM
(1) It shall be lawful for a licensee to use signs which are painted on or
affixed to licensee's vehicle, provided that such signs do not exceed
the dimensions of the vehicle on which they are placed and such
vehicle can be driven safely with the sign as affixed. Such permitted
signs shall be exempt from the provisions of the Town of Wappinger
Zoning Law. The use of other movable, portable and/ or freestanding
signs by licensees shall be prohibited.
(2) No licensee shall display food, beverages, goods or merchandise
except upon the licensee's person or in the vehicle used in the activity
for which a license was issued pursuant to this Chapter.
D. Other restrictions. A licensee shall be responsible for the cleanup of any
debris resulting from the conduct of the licensee's business.
§ 175-13. Enforcement.
The Town of Wappinger Building Inspector or Zoning Administrator and any
police officer or peace officer as defined in the New York State Criminal
Procedure Law shall enforce the provisions of this Chapter.
§ 175-14. Penalties for offenses.
Any person, firm or corporation who shall violate any of the provisions of this
Chapter or any rule or regulation made pursuant thereto shall be guilty of a
violation and shall be punishable by a fine of not more than One Hundred Dollars
($100) for a first offense; Two Hundred Dollars ($200) for a second offense; and
for a third offense or more, Two Hundred and Fifty Dollars ($250) or
imprisonment for not more than Fifteen (15) days, or both. Each day for which
such violation continues shall constitute a separate offense.
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§ 175-15. Revocation of license.
A. Any license issued pursuant to this Chapter may be revoked by the Town
Board, due to violation of this Chapter, after written notice and an opportunity to
be heard.
B. The Town Clerk, upon receiving information giving reasonable cause to
believe that a licensee has violated any provision of this Chapter, may temporarily
suspend such license, after written notice and an opportunity to be heard.
§ 175-16. License period.
A license issued pursuant to this Chapter shall expire on the day next preceding
one year after the date of issuance.
§ 175-17. Renewal.
A. An application to renew a license shall be determined in accordance with §
175-8 of this Chapter. In addition, the Town Clerk shall review each application
for renewal to determine that the applicant is in full compliance with the
provisions of this Chapter.
B. License renewal applications shall be made in person to the Town Clerk
who shall issue the same in accordance with the terms of this Chapter."
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent that this Local Law would have been adopted if such illegal, .
invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part thereof is
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held inapplicable, had been specifically exempt therefrom.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1: (Final adoption by local legislative body only.)
I hereby certify that the local lav annexed hereto, designated as local law No..-__�t1 1__________________________ of Z 02
of the BiI� 0__-___
( (To ofa�pi;ager--------------------------------------- was duly passed by the
----------- Town_B.oarid--------------------- onAugust__5_____ 20 02, in accordance with the applicable provisions of law.
(Name of Legislarive Bodv)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________
of the (County)(Citv)(Town)(Village) of _________________________ of 20______
---------------------------------------- was duly passed by the
----------------------------------------------- 20 --_ , and was (approved)(not approved) (re passed after
(Name of Legvlarive Badv)
disapproval) by the __________________________________________________ and was deemed duly adopted on
IElecrive Chief Ezecuiive Officer-) ----------- 20-----
in
___,to accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20---___
of the (County)(City)(Town)(Village) of ________________________________ _ __ _ was duly passed by the
on------------------
20 ---- , and was (approved)(not approved)(repassed after
(Name of Legislarive Boav)
disapproval) by the _________________________________________________
iElecrive Chief Ezecurive Officer -)on------------------- l0------ Such local law was submitted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (gene ral)(special)(annual) election held on __________________ 20.___ , in
accordance with the applicable provisions of law.
=t. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ___________________________________ of 20 -----
of the (Countv)(Citv)(Town)(Village) of ________________ _______________ _ __ _ was duly passed by the
--------------------------------------------------- on 20____ , and was (approved)(not approved)(repassed after
(Name o/Legislarive Bodvi
disapproval) by the ______________________________________________ ---
Chief E.cecarrve Officer,) on ------------------ 10 -__ . Such local law was subject to
�Ek�rrve
permissive referendum and no valid petition requesting such referendum was filed as of ------------------- ZQ___ , in
accordance with the applicable provisions of law.
* Elective Chief' Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative bady, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
Z. ( tty local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local lav No. ___________________________________ of 20__..._
of the City of _____________________________________________ having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 20____
became operative. '
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. -----------------------------------of 20 -------
of the County of _______________________________________________ State of New York, having been submitted to the electors
at the General Election of November ______________________ 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ------ 1------ above.
Clerk of the Co* legislative body,T or
or officer designated by local legis) a .. v
GLORIA ,k2 MORSE
(Seal) Date: �4Z4C,4--t'�2002
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUN?„OF - nlTTCARSS
I. the undersigned. hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law annexed hereto.
Signature
ALBERT_ P. ROBERTS — A torney to Town
Title
Town
of — Wappinger
Date:
(3)
11