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Untitleditf j Ordinance Requiring License for Sale of Merchandise by \ Hawking and Peddling The following ordinance was introduced by Councilman I� who moved its adoption. BE IT ORDAINED by the Town Board of the Town of Wappinger E as follows: Secl,�cense required; exceptions. No person shall publicly sell, hawk or peddle any pro - perry or of merchandise on the streets of the town, nor shall any p rsor, travel from house to house in any section of the tow.z, eher on foot or with a vehicle or conveyance, carrying and or offering for sale any property or article of mer- chandise, wiz -.out first obtaining a license therefor as herein- -1-ed. erein- -1ed, bu, nothing herein contained shall apply to sales made -o ...rchants for retail trade, or to -sales made to any per- son of fa-Z-�a produce, if such farm produce is peddled and sold by `.� p-roaucer thereof or his servants or employees, or.to persons dclivering newspapers or periodicals which have been previously contracted for. The term "farm produce" shall not include nursery stccc, potted plants or cut flowers. E-ctio. 2. Application for a hawking and peddling license. Application for a hawking and peddling license shall �y applicant in person to the Town Council, and after said application by that body, the town clerk shall to issue such license, upon receiving the license specified. The 'own Board may refuse to ;,rant said ALLANRa??LEYEA ATTORNEY AND 1 event iz cetermines- that the proposed licensee -is not COUNSZLLOR AT LAW � 8 LAFAYZT-c PLACE POUGIHKEEPSIE.NEWYO-v-- ���./�+ .� character or if the items sold represent a danger 72601 7 Y o tae health, safety, or welfare of the community. i' c-ecuicn 3. License fees. T -e following fees for licenses are hereby established, `o be collected by the town clerk. (a) For any person on foot or with vehicle drawn by hand - $2,00 b (b) For any person with vehicle drawn y horse i or any other animal $5.00 ii (c) For any person with a motor vehicle or t' $5.00 motor truck k' 1; ii section 4. Duration of license. Ail licenses issued hereunder shall terminate on the 3�Oj day of April next succeeding the issuance thereof. Sction 5. Renewal of license. o. License renewal applications shall be made in person to s t.:e town clerk who shall issue the same in accordance with the of this article. The town clerk, before issuing a renewal o ur. existing license, shall request the Dutchess County Sheriff ii to invasti-ate whether the applicant has been convicted of a crin --le date of issuance of the original license. The said.+ sl.e-riff shall furnish to the town clerk in writing, the infor- car_�ved from such investigation. In the event,that the was convicted of a misdemeanor or.a felony, the Town C s all not renew said license but application must be made a gown Board. c h -TT-,P of weighing and measuring devices. All weighing and measuring devices used by peddlers AT TOrt:,-Y AND GGUN3-LLO, AT :,all be attached to a fixed standard suspended from the vehicle Z, LNf AYLTTE P -AG", PGUGHKEEPSI" NE'fl v... 12.601 -2- ` or conveyance used by such peddler, in order to insure the accuracy. Section 7. Identification of vehicle. i A person licensed under the provisions of this ordinanc j; anc ;ai;:b a vehicle, shall place upon either side of the body of suc. ve'.-Iicle the words "licensed vendor", together with the i. nu:;.ber 01 such license. Section 8. Streets not to be obstructed. No person shall stop, either on foot or with any v:..iicle, is any of the streets, or on any of the sidewalks in the tow: or the purpose of vending any goods or merchandise longer t1,an while actually engaged in selling at any one\time. Such stopp7ng longer than permitted by this Section 8 shall be an infringement of this ordinance -and shall upon conviction be punisI-led as set forth in Section 9 herein. f I Any person upon conviction of a violation of this orc7_-na.ce shall be deemed guilty of a violation as defined in Sz:c-_Lon 53.10-3P.Le and shall be subject to the penalties as by law. ALLAN Z. F,r,PP'LLYEA ATTORNEY AND COUNT.-LLOR AT LAV/ u LAFAYETTE PLACE POUGHKEEPS;E, NF%V YORK 12601 Sle_C 4 Cil lu -his ordinance shall take effect -immediately upon adop-I p os _ing, and publication as provided by law. Counci' -an -3- AN ORDINANCE TO AMEND THE HAWKING AND PEDDLING ORDINANCE OF THE TOWN OF 14APPINGER Introduced by Councilwoman Reilly Be it ordained by the Town Board of the Town of Wappinger as follows: The ordinance requiring license for sale of merchan- dise by hawking and peddling duly adopted by the Town Board on ; i `10 i, SECTION ONE: is amended as follows: Section Three is amended by increasing each license fee established therein to .litre Dollars. SECTION TWO: Section 8 is deleted and the following is substituted in its place: No hawker or peddler shall maintain his vehicle in one place for more than 30 minutes, and upon the expiration of said time, he shall move his vehicle or vending stand or cart to another location at least one thousand yards from the prior location used by him. Violation of this section shall be an infringment of this ordinance, and upon con- viction, the license issued to the offender shall be subject to revocation in the manner prescribed by Town Law §137. The provision of this Section 8 shall not apply to those persons who make sales at the home residence of their purchasers. SECTION THREE: This ordinance shall take effect upon adoption, posting and publication. DATED: June 12, 1978 SECONDED: Councilman Johnson TOWN OF WAPPINGER DUTCHESS COUNTY, NEW YORK * * * * * * * * * * ORDINANCE REQUIRING LICENSE FOR SALE OF MERCHANDISE BY HAWKING AND PEDDLING * * * * * * * * * * * * * * * * Adopted 8/26/1970 Amended 7/10/1978 Amended 5/10/82 Ordinance Requiring License for Sale of Merchandise by Hawking and Peddling SECTION 1. License required; Exceptions. No person shall publicly sell, hawk or peddle any property or article of merchandise on the streets of the Town, nor shall any person travel from house to house in any section of the Town, either on foot or with a vehicle or conveyance, carrying and selling or offering for sale any property or article of merchandise, without first obtaining a license therefor as hereinafter provided, but nothing herein contained shall apply to sales made to merchants for retail trade, or to sales made to any person of farm produce, if such farm produce is peddled and sold by the producer therof or his servants or employees, or to persons delivering newspapers or periodicals which have been previously contracted for. The term "Farm Produce" shall not include nursery stock, potted plants or cut flowers. SECTION 2. APPLICATION FOR A HAWKING AND PEDDLING LICENSE Application for a hawking and peddling license shall be made by the applicant in person to the Town Council, and after approval of said application by that body, the Town Clerk shall be authorized to issue such license, upon receiving the license fee herein specified. The Town Board may re=use to grant said permit in the event it determines that the proposed licensee is not of good moral character or if the items sold represent a danger to the health, safety, or welfare of the community. SECTION 3. License fees. The following fees for licenses are hereby established, to be collected by the town clerk. (a) For any person on foot or with vehicle drawn by hand ------------------------$1.50.0( (b) For any person with vehicle drawn by horse or any other animal ------------ $150.01 (c) For any person with a motor vehicle or motor truck --------------------------$150.0( SECTION 4. Duration of license. All licenses issued hereunder shall terminate on the 30th day of April next succeeding the issuance thereof. -2- SECTION 5. Renewal of License License renewal applications shall be made in person to the Town Clerk who shall issue the same in accordance with the terms of this article. The Town Clerk, before issuing a renewal of an existing license, shall request the Dutchess County Sheriff to investigate whether the applicant has been con- victed of a crime since the date of issuance of the original license. The said Sheriff shall furnish to the Town Clerk in writing, the information derived from such investigation. In the event that the applicant was convicted of a misdemeanor or a felony, the Town Clerk shall not renew said license, but application must be made to the Town Board. SECTION 6. Use of Weighing and Measuring devices All weighing and measuring devices used by peddlers shall be attached to a fixed standard suspended from the vehicle or conveyance used by such peddler, in order to insure the accuracy. SECTION 7. Identification of Vehicle A person licensed under the provisions of this -3- ordinance and using a vehicle, shall place upon. either side of the body of such vehicle the words "Licensed VendorY, together with the number of such license. SECTION B. Streets not to be obstructed. No hawker or peddler shall maintain his Vehicle in one place for more than 30 minutes, and upon the expiration of said time, he shall move his vehicle or vending stand or cart to another location at least C/eee) onethousand yards from the prior location used by him. Violation of this section shall be an in- fringement of this ordinance, and upon conviction, the license issued to the offender shall be subject to revocation in the manner prescribed by Town Law Section 137. The provision of this Section 8 shall not apply to those persons who make sales at the home residence of their purchasers. SECTION 9. Any person upon conviction of this ordinance shall be deemed guilty of a violation as defined in Section 55.10-3 of the Penal Law, and shall be -4- subject to the penalties as provided by law. SECTION 10. This ordinance shall take effect immediately upon adoption, posting and publication as provided by law. -5- PLEASE TAKE NONCE that the following Ordinance Amending the Ordinance Regulating Peddling and Hawking to increase the annual permit from $35.00 to $150.00 was adopted by the Town Board of the Town of Wappinger at their Regular Meeting held May 10, 1982. The following Ordinance was introduced by Councilman McCluskey who moved its adoption: Section One: Section 1 is hereby amended by increasing each license fee established therein to $150.00 Dollars per year. Section Two: This ordinance shall take effect upon adoption, posting and publication. Seconded by: Councilwoman Mills Roll Call Vote: 4 Ayes, Mr. Versace ---Nay I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger do hereby certify that the foregoing Ordinance was duly adopted at a Regular Meeting of the Town Board of the Town of Wappinger held May 10, 1982, at which time a quorum was present and participated throughout and that the same has not been in any manner rescinded or annulled and that the same is still in force and effect and is duly entered in the minutes of said meeting. IN WITNESS HEREOF, I have hereunto set my hand and the seal of the said Town of Wappinger this 11th day of May 1982. Dated: May 11, 1982 Date of Publication: May 12, 1982 Elaine H. Snowden Town Clerk Town of Wappinger