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HomeMy WebLinkAbout1966-03-08March 8, 1966 The Lansing Town Board met in regular session at the Lansing Town Hall on March 8, 1966 at 8 P.M. with Supervisor Dates presiding. ROLL CALL Harris B. Dates' Supervisor Present Fred Spry Justice Present Floyd Ferris Justice Absent James Kidney Councilman Absent Charles Howell Councilman Present Donald Sharpsteen Highway Superintendent Present Jane "C. Bush Clerk Present Visitors: Lloyd Sharpsteen, Mrs. Alice Sharpsteen, Arnold Volbrecht, Paul Welch, Richard Volbrecht., Mdrshall Volbrecht, John Horkey, and Mrs. Cora Dreary. The Supervisor opened the meeting having the Clerk take the Roll Call. r MOTION was made by Mr. Spry and seconded by Mr. HOT.ell that the minutes as submitted by the Town Clerk be approved. Carried The Supervisor advised the Town Board that the Public Hearing was now open in regard to an Ordinance to regulate and license the hawking and peddling of goods wares and merchandise and soliciting orders therefor in the Town of Lansing. Said contents of Ordinance was gone over very thoroughly by the Town Board and numerous questions were discussed in detail by the Board and residents attending. The Public Hearing was closed at 9:30 P.M. after all persons desiring to speak had been heard. The Town.Board.at this time discussed the Hearing just held and Mr. Howell offered the following ees6lution'which'was seconded by Mr. Spry: WHEREAS, after due notice a Public Hearing was held on a proposed Ordinance to regulate and license the hawking and peddling of goods, wares and merchandise and soliciting orders therefor in the Town of Lansing, New York, on the 8th day of March, 1966 at 8:00 P.M. in the evening thereof, in the Town Hall of said Town, and whereas none appearing objected thereto, RESOLVED that this Town hereby adopt said. Ordinance and directed the Town Clerk to enter said Ordinance in the minutes of said meeting of the Town Board, publish same in the Ithaca Journal; post a copy on the sign board at the Town Clerk's Office; and file affidavits of posting and publishing of said Ordinance in the office of the Town Clerk. Vote of Town Board . . . . . . . . .(Aye) Charles Howell, Councilman. Vote of Town Board . . .(Aye) Fred Spry, Justice Vote of Town Board . . .(Aye) Harris B. Dates, Supervisor Vote of Town Board . . . .(Absent) James Kidney, Councilman Vote of Town Board . . .(Absent) Floyd Ferris, Justice Ordinance thereupon adopted as Ordinance #4 Mrs. Cora•Breary, an officer of the, South Lansing Grange was introduced. Mrs. .Dreary stated that the Grange had passed a resolution recommending that the town institute a garbage collection system, using the incinerator method for disposal of refuse in the town. No action was taken on the request at this time. Letter read from Stellar Industries requesting water service when available to their new proposed building off from N. Triphammer Rd. Letter filed. Letter read from Lansing Town and'Country News requesting the Town of Lansing to designate their paper as an official newspaper of the Town. Filed. Copy of letter read from Lansing Water Works Corp to Triphammer Development Corp. Said letter concerned water service for Shopping Center, Texaco Station and Sheraton Motor Inn. Letter filed, U An ultimatum from the Lansing Water Works Corp. was received informing the Town that they must take action and execute the Purchase Offer for their Water System on March 8, 1966 or all negotiations for sale to the Town would be terminated. Letter received and read from Atty. Williamson regarding problems that are still pending and must be perfected before the town should consider entering into a contract to purchase the Lansing Water Works system. No action was taken by the Board on said purchase at this time. 11) .k Arnold Volbrecht presented plan of`a proposed town road located on an approx. 50 a.cre.plot off Drake Road. Discussed Town road specifications and plans. Mr. Talandis requested the Town to accept Churchill Drive and Anna Court as town roads. Request was discussed by the Board and Highway Superintendent Sharpsteen. Mr. Sharpsteen to meet with Mr. Talandis and go over these roads thoroughly and report back his recommendations to the Town before action is taken. RESOLUTION by Mr. I'iowell and seconded by Mr. Spry: RESOLVED, that no dead -end roads will be accepted from any developet�to,be added to the Town Highway System, Resolution carried, all present voted Aye. Following discussion on the parking problems at Myers during fishing_ season, Mr. Spry and Mr. Ferris were appointed to'manacie same. Supervisor presented his monthly report and explained same in detail. Filed with Town Clerk, AUDIT RESOLUTION by Mr. Spry and seconded by Mr. Howell: RESOLVED, that General Fund bills #31 through # 41 totalling $ 2,130.37 and Highway Fund bills #55 through # 82 totalling $60,586.14 be and the same are hereby approved for payment. Resolution carried, all present voted Aye. Meeting adjourned 10 :40 P.M. i Section 4. APPLICATION F�R LI- Section 8. :RESTRiCTIO \5 a 1i- 1) CENSE: Any person desiring to pro• I censed hawker, peddler oe solicitor 1 - cure a license as herein provided, shall shell: (a) not falsely or fraudulently Legal Notices file with the Town Clerk a written ap- i misrepresent -the - quantity - quality .of plication on a blank form prepared by any article offered for sale: or offer the Town Clerk and furnished by the for sale any unwholesome tainted or I NOTICE ' ^ ^-' town, and shall file at the same time diseased provisions or merchandise. PLEASE TAKE NOTICE that the satisfactory proof of good character. (b) keep the vehicles and recepticles following Ordinance was duly adopted Such application shall give the number used by him in _a clean and sanitary by the Town Board of the Town of and kind of vehicles to be used by condition and the food stuffs and eat - Lansing on the 8th day of March, 1966. the applicant in carrying on the busi- ables offered for sale well covered By order_of the Town Board of the ness for which the license is desired, and ,protected from dirt, dust and Town of Lansing. the kind of goods, wares and mer- insects. (c) not stand or permit the Dated March 8. 1966 chandise that 'he desires to sell or vehicles used by him to stand in one JANE BUSH the kind of services he desires to per• place in any public place or street for Town Clerk form•, the method of distribution, and more than ten minutes or . in front Ordinance to Regulate and License the name, address and age of the of any premises for any time if the the Hawking and Peddling of Goods applicant, and the name and address owner of or lessee of the premises ob- Wares and Merchandise and Soliciting o the person, firm or- coporation he jects. (d) not sell any confectionary Orders Therefor in the Town of Lansing, , represents, the length of time the appli- or ice cream within 250 feet of any New York cane desires the license, and such schocl between the hours of 8:00 a.m. BE IT RESOLVED by the Town other information as may be required and 4:00 p.m. on school days, (e) not Board of the Town of Lansing as by 'the Town Clerk. Such application create or maintain any booth or stand ' follows: j shall be accompanied by a certificate or place any barrels, boxes, crates. Section 1. DEFINITIONS: The terms from the sealer of weights and meas- or other obstructions upon any street hawker and peddler as used in this ures certifying that all weighing and or public place for the purpose of I ordinance shall mean and include, measuring devices to be used, by the selling or exposing for sale any goods, except as hereinafter expressly pro- applicant have been examined and ap• wares and merchandise. vided, any person, either princ,paU or- o proved. Section 10: ORDERS: All orders tak- agent, who, from any vehicles, or in Sctlon 5. LICENSE: Upon the filing of en by licensed solicitors who demand, any public street, or public place, or rthe application as provided in the pre- accept or receive payment or deposit by going from house to house or . } ceding section, the Town Clerk shall, of money in advance of final delivery, lace of business to place of busi• (-forward same for its approval to the shall be in writing, in duplicate, stating ness,- on foot or by vehicles standing I Tgwn Board which shall thereafter the terms therecf and the amount In a street, sells, or barters, offers for y. issue to the applicant a license as paid in advance, and one copy shall sale,Sor barters or carries or exposes _ ) provided in Section 3 signed by the be given to the purchaser at the time for sale, or barter,. any goods, wires, ,i Town Clerk. Except as hereinafter pro- the deposit of money is paid to the or merchandise. vided, no license shall be refused solicitor. The term solicitor as used intthis.) except for a specific reason and for' Section 11. RECORDS: It shall be • ordinance shall mean and include, bihy. the protection of the public safety,) the duty of the Town Clerk to keep person who goes from place to place, - health, morals or general welfare. A -the record of all applications and all or house to, house. or who stands' .In • -i license shall not be assignable. Any,, 'licenses granted under the provisions I; any street or public place taking or ; holder of such license who permits it: [Pof this ordinance, giving the number `, ) offering to take orders for goods, wares,. to be used by any other person and I andl date of each license. the ;name or merchandise, cr for services to --be any person who uses such license 1'and4 residence of the person licensed, performed in the future, or for making, 1 granted to any other person, shall be. the 'amount of the license fee paid and ' manufacturing or repairing any article guilty of a violation of this ordinance. also the date of revoaction of all or thing whatsoever for future delivery. All ,licenses issued shall be numbered licenses revoked. I Thei term established place of `busi- In the order in which they were issued' Section 12. VIOLATION OF ORDIN- ness as used in this ordinance' shall and shall state clearly the kind of ANCE AN OFFENSE: PENALTIES mean and Include a building or store vehicle that is being used, the kind THEREFOR. (a) Any person who; him• In which or where the person transacts of goods, wares- and merchandise, to i self, or by his clerk or employee, business and deals in the goods, wares be' -sold or service to.be rendered, the shall act as a hawker, peddler cr and merchandise, he hawks, peddles —___. - -- -- , _ J rolicitor as herein .defined without a -- or solicits fCr during regular business license or shall violate any of the hours. , rovisions of this ordinance or who The word person as used in this _ having had his license revoked shall ordinance, shall mean and' include 1 date o: I- suanco and expiration of the continue to act as a hawker, peddler one or more persons of either sex, 73cense. tfie fee paid, r d the -name or' solicitor, shall be deemed to have natural persons, corporations, partner- and' address of -the' licensee. T[e (( committed an. offense - against such ships, associations, joint stock cote-)) license shall automatically" ` expire 1 ordinance and shall also be liable fur ,panies, societies and all other entities,t on'.Dgcember-� 'following the date •of any such violation or the penalty of any kind capable of being sued. 1111 issuance of such license, but such I therefor. Each day on which such ! Section 2. EXEMPTIONS: Nothing�in 'license may specifically state and pro- I violation continues shall constitute a this ordinance shall be held to apply vide for an earlier expiration. Such separate offense. (b) [or every' viola• f to any sales conducted pursuant to license shall include the right to use; (tion of any provision of this ordinance, statute or by order of any court, to only one vehicle in carrying on the ' the person violating the same shall any person selling personal property business for which . the person . is li- be subject to a fine not less than. t at wholesale to dealers in such ar. censed. No license shall be granted $5.00 or more than $50.00 or imprison- 'ticles to merchants having an estab- to a person under 18 years of a ment not exceeding thirty days or fished place of business kl t eorde n Every licensee while exercising h s by both such fine and imprisonment. < or r. from' license shall carry the license with (c) conviction fo any above mdntloned customers and delivering the C farmers aa him and . shall exhibit the same on violation shall constitute and' ,effect same. c d truck gardeners, -' - I who, themselves, d through their demand. an immediate forfeiture of license. Section 6. LICENSE FEES: The li- (d) in addition to the above provided employes, vend, sell, or dispose of cense fee to hawkers, peddlers or penalties and punishment, the Town products of their own farms and gar- solicitors is as follows: One Board may also maintain an action dens, to any honorably discharged any portion thereof $25.00. year or or proceeding in the name of the soldier, sailor or marine who has Section 7. , EMPLOYEES OF LICEN• town In a Court of competent jurisdic- procur d a licens provi ordinance I SEE: Any licenseee using a motor tion to compel compliance with or 'vehicle may employ two persons to to restrain by injunction the violation .shall also not apply so as to unlaw -, assist in selling and delivering the of such ordinance. fully to interfere with Interstate com- wares, but such persons shall so act Section 13. SAVING CLAUSE: If merce, or local established businesses, only while accompanying a licensed any clause, sentence, paragraph sec - firms or merchants. I peddler, hawker or solicitor. tion or part of this ordinance shall In addition thereto this ordinance Section 8. REVOCATION OF LI- be adjudged by any court of compe- I� shall not apply to normal deliveries CENSE: The Town Board may at an tent jurisdiction to be invalid, such and pickups of milk, newspapers, laun time for a violation of this or any judgment shall not affect, im air or dry and cleaning (clothing), solicita- y invalidate the remainder thereof, but 'tions by insurance salesmen, civic,I other ordinance or any law revoke any religious or ;service groups or other license. When a license shall re- shall be confined in its operation to regular service businesses or persons) liked, no refund of any unearned d nor. the efause, sentence, paragraph, sec .. Lion of the license fee shall be made. lion or part thereof directly involved engaged in regular retail routes. , Section 3. LICENSE REQUIRED: It-I Notice of such revocation -and the in the controversy in which such judg- reason or reasons therefor in writing ment shall have been rendered. Ishall be unlawful for any person shall be served by the Town Clerk on I Section 14. EFFECTIVE DATE: This within the corporate limits of the Town person named in the application, ordinance shall -take effect ten days of Lansing to•act as a hawker, peddler �, _ are my mailing the same to the ad• after publication and J or solicitor as herein defined without ; dre posting or im- first having obtained and paid for, given in the aoplicatio. mediately upon personal service as . and having in force and effect a license provided by Section 133 of the Town therefor.__ Law. ?ub. 3/12 1 n u , ORDINANCE TO REGULATE AND LICENSE THE HAWKING AND PEDDLING OF GOODS, WARES AND MERCHANDISE AND SOLICITING ORDERS THEREFOR IN THE TOWN OF LANSING, NEW YORK BE IT RESOLVED by the Town Board of the Town of Lansing as follows: Section 1. DEFINITIONS: The terms hawker and peddler as used in this ordinance shall mean and include, except as hereinafter expressly provided, any person, either principal or agent, who, from any vehicles, or in any public street, or public place, or by going.from house to house or place of business to place of business on foot or by vehicles standing in a street, sells, or barters, offers for sale, or barters or carries or exposes for sale, or barter, any goods, wares, or merchandise. The term solicitor as used in this ordinance shall mean and include any person who goes from place to placed or house to house, or.,who stands in any street or public place taking or offering to take orders for goods, wares or merchandise, or for services to be performed in the future, or for making, manufacturin& or repairing any article or thing whatsoever for future delivery. The term established place of business as used in this ordinance shall mean and include a building or store in.which or where the person transacts business and deals in the goods, wares and. merchandise, he hawks peddles or solicits for during regular business hours. The word person as used in this ordinance, shall me and include one (or more persons of either sex, natural persons, corporations, partnerships, associations, joi stock companies, societies and all other entities, of kind capable of being sued. r jl� Section 2. EXEMPTIONS: Nothing in this ordinance shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any pers selling personal property at wholesale to dealers in such articles to merchants having an establis place of business in the town or their employees for soliciting orders from customers and delivering the same, to farmers and truck, gardeners, who, themselves, or through their employees, vend, sell, or dispose of products of their own farms and gardens,.to any honorably . discharged soldier, sailor or marine who has procured a license as provided by the General Business Law. This ordinance shall also not app so as to unlawfully to interfere with interstate commerce., or local established businesses, firms or merchants. In addition thereto this ordinance shall not apply to normal deliveries and pickups of milk, newspapers, laundry and cleaning (clothing solicitations by insurance salesmen, civic, religious or service groups or other regular service businesses or persons engaged in regular. retail routes. Section 3. LICENSE REQUIRED: It shall be unlawful for any person within the corporate limits of the Town o Lansing to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for, and having in force and effect a license therefor. Section 4. APPLICATION FOR LICENSE; Any person desiring to procure a license as herein provided, shall file with the. Town Clerk a written application on a a blank form - prepared by the Town Clerk and furnished by the town; and shall file at the .. i� i r jl� Section 2. EXEMPTIONS: Nothing in this ordinance shall be held to apply to any sales conducted pursuant to statute or by order of any court, to any pers selling personal property at wholesale to dealers in such articles to merchants having an establis place of business in the town or their employees for soliciting orders from customers and delivering the same, to farmers and truck, gardeners, who, themselves, or through their employees, vend, sell, or dispose of products of their own farms and gardens,.to any honorably . discharged soldier, sailor or marine who has procured a license as provided by the General Business Law. This ordinance shall also not app so as to unlawfully to interfere with interstate commerce., or local established businesses, firms or merchants. In addition thereto this ordinance shall not apply to normal deliveries and pickups of milk, newspapers, laundry and cleaning (clothing solicitations by insurance salesmen, civic, religious or service groups or other regular service businesses or persons engaged in regular. retail routes. Section 3. LICENSE REQUIRED: It shall be unlawful for any person within the corporate limits of the Town o Lansing to act as a hawker, peddler or solicitor as herein defined without first having obtained and paid for, and having in force and effect a license therefor. Section 4. APPLICATION FOR LICENSE; Any person desiring to procure a license as herein provided, shall file with the. Town Clerk a written application on a a blank form - prepared by the Town Clerk and furnished by the town; and shall file at the 1 1 rw same time satisfactory proof of good character. Such application shall give the number and kind vehicles to be used by the applicant in carrying on the business for which the license is desired, the kind of goods, wares and merchandise that he desires to sell or the kind of service he desires to perform, the method of distribution, and the names address and age of the applicant, and the name afidl:address of the person, firm or corporat he represents, the length of time the applicant desires the license, and such other information as may be required by the Town Clerk. Such application shall be accompanied by a certificate 7 from the sealer of weights and measures certifyin! that all weighing and measuring devices to be use( by the applicant have been examined and approved. Section 5. LICENSE: Upon the filing of.the application as provided in the preceding section, the Town Clerk' shall, forward same for its approval to the Town Board which shall thereafter issue to the applic a license as provided in Section 3 signed by the Town Clerk. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public s health, morals or general welfare. A license s not be assignable. Any holder of such license who permits it to be used by any other person and any person who uses such license granted to any other person, shall be guilty of a violation of this ordinance. All licenses issued shall be numbered in the order in which they are issued shall state clearly the kind of vehicle that is f being used, the kind of goods, wares and merchandise, 1 1 to be sold or service to be rendered, the date.of issuance and expiration of the license, the fee; paid, and the name and address of the licensee. The license shall automatically expire on Decembez 31 following the date of issuance of such license, but such license may specifically state and prov for an earlier expiration. Such license shall include the right to use only one vehicle in carrying on the business for which the person is licensed. No license shall be granted to a person under 18 years of age. Every licensee while exercising his license shall carry the license wit him and shall exhibit, the same on demand. Section 6. LICENSE FEES: The license fee to hawkers, pe or.solicitors is as follows: One year or any Section 7. Section 8. portion thereof.$25.00. EMPLOYEES OF LICENSEE: Any licensee using a motor vehicle may employ,two persons to assist in se and delivering the wares, but such persons shall act only while accompanying a licensed peddler, hawker or solicitor. REVOCATION OF LICENSE: The Town Board may at any time for a violation of this or any other ordinan or any 'law revoke any license. When a license be revoked, no refund of any unearned portion of the license fee shall be made. Notice of such revocation and the reason or reasons therefor in writing shall be served by the Town Clerk on the person named in the application, or by mailing the same to the address given in the application. Section 9. RESTRICTIONS: A licensed hawker, peddler, or solicitor shall: (a) not falsely or- frauduently misrepresent the quantity, quality or'any article offered for sales or offer for sale any unwhole F� 1 I Section 10, Section.11. tainted or diseased provisions or merchandise, (b) keep the vehicles and recepticles used by him in a clean and sanitary condition and the food stuffs and eatables offered for sale well covered and protected from dirt, dust insects. (c) not stand or permit the vehicle used by him to stand in one place in any public place or street for more than ten minutes or in front of any premises for any time if the owner of or lessee of the premi objects. .(d) not sell any confectionary or ice cream within 250 feet of any school be the hours of 8:00 a.m. and 4:00 p.m. on school days, (e) not create or maintain any booth or stand or place any barrels, boxes, crates, orl other obstructions upon any street or public place for the purpose of selling or exposing for sale any goods, wares and merchandise. ORDERS; All.orders taken by licensed solicit who demand, accept-or receive payment or deposit of money in .advance of final delivery shall be in writing,-in duplicate, stating terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time the deposit of money is paid to solicitor. RECORDS: It shall be the .duty of the Town Clerk to keep the record of all applications and all licenses granted under the provisions of this ordinance,. giving the number and date of each license, the name and residence of t person licensed, the amount of the license fe paid and also the date of revocation of all licenses revoked. 1 t Section 12. VIOLATION OF ORDINANCE AN OFFENSE; PENALTIES THEREFOR. (a) Any person who, himself, or by his clerk or employee, shall act as a hawker, peddler or solicitor as herein defined without a license or shall violate any of the provisions of this ordinance or who having had his license revoked shall continue to act as a hawker, peddles or solicitor, shall be deemed to have committed offense against such ordinance and shall also be liable for any such violation or the penalty therefor. Each day on which such violation continues shall constitute a separate offense.. (b) for every violation of any provision of this ordinance, the person violating the same shall be subject to a fine not less than $5.00 or more than $50.00 or imprisonment not exceeding thirty days or by both such fine and imprisonment. (c) conviction for any above mentioned violation shall constitute and effect an immediate forfei of license. (c) in addition to the above prov penalties and punishment, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such ordinance. Section 13. SAVING CLAUSE: If any clause, sentence, p section or part of this ordinance shall be adj by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall confined in its operation to the clause, sen paragraph, section or part thereof directly in in the controversy in which such judgment shall have been rendered. Section 14.. EFFECTIVE DATE: This ordinance shall take ten days after publication and posting or E ve d ,J i 14 immediately upon personal service as provided by Section 133 of the Town Law, Dated: Pub. BY ORDER OF THE TOWN BOARD OF THE TOWN OF LANSING JANE BUSH Town Clerk