Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point as indicated in article histories. Amendments noted where applicable.)
GENERAL REFERENCES
Littering — See Ch. 106.
Public sales — See Ch. 130.
Use of streets — See Ch. 141, Art. II.
[Adopted 3-23-1992 by L.L. No. 3-1992]

§ 119-1 Legislative intent.

A. 
The purpose of this article is to protect the rights of village citizens who desire not to be solicited at their private residences. The right of privacy affords citizens an unquestionable and enforceable right to determine and limit the peddling and soliciting they will allow on their private property. A person may not be compelled to listen to or view any unwanted communication, spoken or written, whatever its merit, in the privacy of his home. When a resident affirmatively provides notice that he desires not to be solicited at his private property, such peddling and/or soliciting is, in effect, a trespass against the resident.
B. 
This article is intended to ensure and protect the privacy rights of village residents on their private property. It is further intended to provide reasonable regulation of the time, place and manner of peddling and soliciting within the village.

§ 119-2 Peddling of goods prohibited.

It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle, canvass or solicit orders for the purchase or sale of goods, wares, merchandise or other commodities in the streets or public places of the Village of Sands Point, and it shall be unlawful to sell any article or service or to canvass, proselytize (including uninvited general religious or charitable visits) or solicit by going from house to house within the village.

§ 119-3 Solicitation of employment prohibited.

It shall be unlawful for any person to solicit employment, work or services to be performed in the streets or public places of the village or by going from house to house within the village.

§ 119-4 Seeking admission to structures under false pretenses.

It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to employ any trick or device or by any false or misleading statement or representation to obtain or attempt to obtain admission to the house, garage, stable or other structure of any person or corporation in the Village of Sands Point or obtain or attempt to obtain the consent or permission of the owner or occupant of any premises, house, garage, stable or other structure within the Village of Sands Point to enter in or upon the same for the purpose of canvassing or selling or offering for a sale or soliciting orders for the sale of any goods, wares, merchandise or for the purpose of soliciting subscriptions for any book, publication, paper, magazine or periodical or for the purpose of seeking employment or for the purpose of soliciting orders for work, labor or services to be performed within or without the village or for the purpose of proselytizing.

§ 119-5 License required for certain activities.

It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to proselytize (including uninvited religious or charitable visits), canvass or solicit donations or contributions of money or property or financial assistance of any kind upon the streets, upon private property, by house-to-house canvass or in public places in the Village of Sands Point without a license issued pursuant to this article.

§ 119-6 License application and issuance procedure.

A. 
Applications for a license, as provided for in this article, shall be in writing and addressed to the Clerk of the Village of Sands Point and shall contain the following information:
(1) 
Name and address of applicant.
(2) 
Names and addresses of the officers and directors of the organization, firm, society, association, company or corporation and the name, address and telephone number of its agent authorized to act for and on its behalf.
(3) 
Time for which permission is sought and localities and places of activity.
(4) 
Length of time required for license.
(5) 
Proof of insurance covering every individual who engages in the activity demonstrating that he is insured against any injury or harm suffered either through negligence or otherwise while engaged in activity authorized by the license.
B. 
License approval shall be subject to the applicant's signed agreement to abide by the following rules and regulations:
(1) 
All activity must be conducted during reasonable hours as may be established by the Board of Trustees by resolution.[1]
[1]
Editor's Note: The current resolution is on file in the office of the Village Clerk.
(2) 
The applicant shall not enter upon the premises of those persons who have advised the village, in writing, that they do not desire solicitation or other activities described in § 119-5 above. A list of these persons, by addresses, shall be provided to the applicant at the time license is issued.
C. 
The Clerk shall approve the application of all applicants who have complied with the above provisions within three days from the date the completed application is received by the office of the Village Clerk.
[Amended 5-25-1993 by L.L. No. 3-1993]

§ 119-7 Suspension and revocation of license.

Any and all licenses which may be granted by the Clerk pursuant to this article may, for cause, be suspended by the Clerk pending a hearing and may be revoked by the Board of Trustees after notice and hearing within seven days of the suspension for any of the following causes:
A. 
Fraud, misrepresentation or false statement contained in the application for license.
B. 
Violation of any of the requirements, rules and regulations imposed on the issuance of such license or on the conduct of any solicitor so licensed.

§ 119-8 Penalties for offenses.

Any organization, society, association, company, corporation or individual who or which commits, takes part or assists in any violation of this article shall, for each and every violation, for each and every day that such violation continues, be subjected to a fine of not more than $250.
[Adopted 3-23-1992 by L.L. No. 2-1992[1]]
[1]
Editor's Note: This local law also repealed former Ch. 119, Peddling and Soliciting, adopted 6-19-1990 by L.L. No. 3-1990.

§ 119-9 Legislative intent.

A. 
The purpose of this article is to protect the rights of village residents who desire not to receive unwanted print or other written materials, whether commercial or noncommercial in nature, including unsolicited newspapers. The right of privacy affords citizens an unquestionable and enforceable right to determine and limit the materials they will allow to be delivered on their private property. When a resident affirmatively provides notice that he desires not to receive delivery of unsolicited print or other written materials, such delivery is, in effect, a trespass against the resident.
B. 
This article is intended to ensure and protect the privacy rights of village residents on their private property and to deter the accumulation of unsolicited literature that might signal that a house is unoccupied. It is further intended to prevent littering and protect the aesthetic appearance of the village by reasonable regulation of the time, place and manner of the distribution and delivery of unsolicited print or written materials in the village.

§ 119-10 List of residents requesting no delivery of unsolicited materials.

A. 
The Village Clerk shall maintain a list of all village residents, by address, who have filed a written notice with the Village Clerk requesting that all, or certain, unsolicited print or other written materials not be delivered onto their premises.
B. 
Written notice shall be effective for a period not to exceed two years. The list shall be revised from time to time as the Clerk is notified by an owner or person in charge of the premises that they wish to have their property either removed from or placed on the list. Whenever the Village Clerk becomes aware that the ownership or occupancy of any listed premises has changed, the list shall be revised by deleting said address from the list. Nothing in this article, however, shall require the Village Clerk to verify the identity of any owner or person in charge of any premises or to verify any change of ownership, occupancy or control. The village shall not be liable for any errors or omissions on the list.

§ 119-11 Registration of distributors required.

A. 
No person, organization, society, association, company or corporation, or their agents or their representatives, may distribute or deliver any unsolicited print or other written material upon the property of any village resident without first having registered with the Village Clerk prior to such distribution or delivery. The registration shall be signed and duly acknowledged by a person who is an owner or authorized agent and accepts responsibility for the receipt of the list of residents described in § 119-10 hereof and for the compliance by delivery persons and carriers with the provisions of this article.
B. 
The registrant shall also provide to the Village Clerk the name of the print or other written material to be distributed, the name, addresses and telephone number of the distributor, a list containing the names and addresses of all carriers and delivery persons who will be distributing or delivering its print or other written material in the village and a list of the license plate numbers of any motor vehicles used by the carriers and delivery persons in making their deliveries. The authorized agent shall be responsible for updating and keeping these lists current with the village.

§ 119-12 Delivery of unsolicited print or other written materials to certain residents prohibited.

No person, organization, society, association, company or corporation, or their agents or representatives, including but not limited to the authorized agent described in § 119-11 hereof and the actual deliverer or carrier, shall deliver, distribute, throw, cast or place, or cause or permit to be delivered, distributed, thrown, cast or placed, any unsolicited print or other written material of any nature whatsoever upon the premises of any village resident who has requested that such print or other written material not be delivered to his premises and whose address has been listed with the village pursuant to § 119-10 hereof and provided to the registrant in accordance with § 119-11 hereof.

§ 119-13 Scattering or littering in public places prohibited.

[Amended 6-16-1992 by L.L. No. 4-1992]
No person shall throw, cast or place in or upon any village right-of-way, street, avenue or highway any unsolicited print or other written material, including but not limited to newspapers, handbills, circulars advertising and cards.

§ 119-14 Removal required.

Any person, organization, society, association, company or corporation, or their agents or representatives, who delivers or distributes any unsolicited print or other written materials shall be responsible to clean up and remove all of its print or other written materials from the village rights-of-way and any other location set forth in § 119-13 hereof.

§ 119-15 Delivery to residences.

It shall be unlawful for any person to throw, cast or place upon the doorknob or the door of any residence in the village any unsolicited print or other written materials whatsoever, including but not limited to handbills, circulars, advertising, newspapers and cards.

§ 119-16 Penalties for offenses.

Any organization, society, association, company, corporation or individual who commits, takes part or assists in any violation of this article shall, for each and every violation, for each and every day that such violation continues, be subjected to a fine of not more than $250.