Chapter 217

Chapter 217

PEDDLING AND SOLICITING

[HISTORY: Adopted by the Board of Trustees of the Village of Fredonia 2-25-1980 as L.L. No. 1-1980. Amendments noted where applicable.]

GENERAL REFERENCES

Handbills — See Ch. 171.
Parks — See Ch. 209.
Fees — See Ch. A312.

~ 217-1. Title.

This chapter shall be entitled “A Local Law Licensing Peddlers and Solicitors.”

~ 217-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

PEDDLER — A person who sells tangible commodities from dwelling to dwelling or store to store.

SOLICITOR — A person who takes orders for future deliveries or for services or solicits subscriptions or seeks to obtain gifts or contributions of money, clothing or any other valuable thing from dwelling to dwelling or store to store.

~ 217-3. License required.

It shall be unlawful for any person, firm or corporation to engage in the business of a peddler or solicitor within the Village of Fredonia without first obtaining a license therefore as provided by this chapter.

~ 217-4. Application for license.

     A. Application for a license shall be made to the Village Clerk upon a form provided by the Village Clerk. The applicant shall truthfully state in full the information requested on the application as follows:

          (1) The name and address of the present place of residence and the length of residence at such address; also, the business address if other than the present address.

          (2) The address of the place of residence during the past three (3) years if other than the present address.

          (3) The age of the applicant.

          (4) The physical description of the applicant.

          (5) The name and address of the person, firm or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation.

          (6) The names and addresses of employers during the past three (3) years if other than the present employer.

          (7) A description sufficient for identification of the subject matter of the soliciting or peddling in which the applicant will engage.

          (8) The date or approximate date of the latest previous application for license under this chapter, if any.

          (9) Whether a license issued to the applicant under this chapter has ever been revoked.

          (10) Whether the applicant has ever been convicted of a crime under the laws of the state or any other state or federal law of the United States.

     B. All statements made by the applicant upon the application or in connection therewith shall be under oath.

~ 217-5. Records to be kept.

The Village Clerk shall cause to be kept in his office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all licenses issued under the provisions of this chapter, and of the denial of applications. Applications for licenses shall be numbered in consecutive order as filed, and every license issued and any renewal thereof shall be identified with the duplicate number of the application upon which it was issued.

~ 217-6. Licenses not to be issued to certain persons.

No license shall be issued to any person who has been convicted of a crime under the laws of the state or any other state or federal law of the United States within five (5) years of the date of the application nor to any person who has been convicted of a violation of any of the provisions of this chapter nor to any person whose license issued hereunder has previously been revoked as herein provided.

~ 217-7. Revocation of license.

     A. Any license issued hereunder shall be revoked by the Chief of Police if the holder of the license is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a license under the terms of this chapter. Immediately upon such revocation, written notice thereof shall be given by the Chief of Police to the holder of the license in person or by certified United States mail addressed to his or her residence address set forth in the application.

     B. Immediately upon the giving of such notice, the license shall become null and void.

~ 217-8. Expiration date.

The license shall state the expiration date thereof.

~ 217-9. License fee; duration of license.

     A. Each applicant for a license shall pay a fee to the Village of Fredonia upon the filing of an application for a license. The period of time for which the license shall be valid and the fee for such license shall be as set forth by resolution of the Board of Trustees.

     B. In determining the expiration date of the license, the day that the license is issued shall count as the first day.

~ 217-10. Hours restricted.

It is hereby declared to be unlawful for any person, whether licensed under this chapter or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and to engage in soliciting, as herein defined, prior to 9:00 a.m. or after 8:00 p.m. of any day.

~ 217-11. Exemptions.

Newspapers and milk deliveries and any other activity whereby the peddler or solicitor has been previously invited by the occupant shall be exempt from this chapter. Not-for-profit and religious corporations shall be exempt from the license requirement of this chapter.

~ 217-12. Penalties for offenses.

Any person, firm or corporation who violates any provision of this chapter shall be guilty of an offense and, upon conviction thereof, shall be liable to a fine not exceeding two hundred fifty dollars ($250.) or fifteen (15) days in jail, or both.