[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-27-1954 by L.L. No. 1-1954 (Ch. 26 of the 1972
Code)]
This article shall be known and may be cited as the "Hawking
and Peddling Ordinance."
This article is enacted for the purpose of regulating itinerant
merchandising in order that the peace, health, safety, welfare and
good order in the Village and its inhabitants shall not be endangered
or unduly disturbed.
As used in this article, the following terms shall have the
meanings indicated:
ESTABLISHED PLACE OF BUSINESS — A permanent
building, store or depository in which or where the person transacts
business and deals in the goods, wares or commodities he hawks or
peddles in the ordinary and regular course of business.
Shall be deemed to include, unless otherwise herein provided,
any person who engages in merchandising any goods, wares, commodities
or services by going from house to house, place of business to place
of business, or in any public street or public place, or by temporarily
occupying a room, building or other premises therefor.
Refers to the selling, bartering or trading, or offering
to sell, barter or trade any goods, wares, commodities or services.
Shall be deemed to include any individual, firm, partnership,
corporation, unincorporated association, and principal or agent thereof.
A store, room, building, tent, enclosure or structure of
any kind intended to be occupied for the period of time necessary
to hawk or peddle the merchandise or products therein housed initially
without the intent to replenish or restock such goods, wares and merchandise
sold therein. In all prosecutions for a violation of this article
the intent of the defendant to conduct an established place of business
shall be a material fact and the burden of proving such intent shall
be upon the defendant in such prosecution.
Merchandising any goods, wares, commodities or service within
the Village of Nyack without first having obtained a license therefor
from the Clerk of the Village is hereby prohibited, unless such merchandise
is at the personal request of the person solicited.
The provisions of this article shall not apply to the following:
A.
An honorably discharged soldier, sailor or marine, who is crippled
as a result of injuries received while in the naval or military services
of the United States.
B.
Any person soliciting at the express invitation of the person solicited
or serving an established customer.
C.
A wholesaler selling articles to dealers or merchants who have an
established place of business within the Village.
D.
A truck gardener or farmer who himself or through his employees vends,
sells or disposes of products of his own farm or garden.
E.
A child regularly attending any public or parochial or private school
located within the Village of Nyack or a representative of any established
church maintaining a place of worship within the Village, or a member
of a veteran's organization, provided that such organization
has and maintains a chapter, post lodge, camp or other group within
the Village of Nyack, or a member of a fraternal organization or civic
group, provided that such fraternal organization or civic group maintains
a chapter or local organization within the Village of Nyack, and further
provided that any person coming within the provisions of this exemption
shall only hawk or peddle in connection with an authorized activity
of the organization of which they are a member or the school which
they attend.
F.
Auction sales held pursuant to law by a sheriff or other officer
authorized by law to conduct such sale.
G.
This article shall not apply to the sale of daily newspapers, nor
shall it be interpreted as intending to, nor shall it be construed
to unlawfully interfere with the conduct of interstate commerce or
the impairment of rights of free speech, press or publication.
[Amended 9-14-2017 by L.L. No. 2-2017]
H.
Any person who is operating a food and/or beverage concession on
Village owned lands, or within a Village owned park, playground or
parklands under a subsisting license agreement or contract with the
Village.
[Added 9-14-2017 by L.L.
No. 2-2017]
Every applicant for a license is required to submit to the Village
Clerk a written application supplying, under oath, the following information:
A.
Name of applicant.
B.
Permanent home residence.
C.
Name and address of firm represented, if any.
D.
The length of time for which the license is required.
E.
A description of the goods, wares or commodities to be offered for
sale.
[Amended 9-14-2017 by L.L. No. 2-2017]
F.
The number of arrests or convictions for crimes and the nature thereof.
G.
To the application must be appended a letter of authorization from
the firm which the applicant purports to represent.
H.
Every applicant for a hawking and peddling license issued pursuant
to this article shall submit a photograph two inches by two inches
taken within 30 days of the date of the application for such license.
Such photograph shall show head, full face and shoulders of applicant
and shall be submitted in triplicate. One copy of the photograph shall
be attached to the license application, one copy of the photograph
to the license and the third shall be delivered to the Village Clerk
of the Village of Nyack.
[Amended 9-14-2017 by L.L. No. 2-2017]
I.
Each applicant for a hawking and peddling license shall have a fingerprint
impression of the fingers and thumbs on both hands taken by the Police
Department of the Town of Orangetown, 26 Orangeburg Road, Orangeburg,
NY 10962, in accord with the policies adopted by the Town of Orangetown
regarding noncriminal fingerprinting, and the photograph delivered
to the Village Clerk shall be attached to the fingerprint identification
card and remain on file in the Village of Nyack Clerk's office. The
Village Clerk shall not issue a permit unless and until the applicant
furnishes satisfactory proof of compliance with the provisions of
this fingerprint identification provision.
[Amended 9-14-2017 by L.L. No. 2-2017]
[Amended 9-14-2017 by L.L. No. 2-2017]
A.
Upon receipt
of the application and of the license fee, and if reasonably satisfied
with the applicant's qualifications, the Village Clerk shall
issue a license to the applicant, specifying the particular business
authorized and the location wherein it may be conducted.
B.
A license
shall only be valid until December 31 of the calendar year in which
it is issued.
C.
A license
shall be nontransferable, including but not limited to any employees
or agents of the licensee (each employee or agent of a licensee shall
be required to obtain a separate license), and each licensee shall
be in the continuous possession of the license while engaged in the
business licensed.
D.
The license
shall be produced upon the demand of any Orangetown Police Officer,
Village official or prospective buyer.
E.
Nothing
contained in this article, as same may be amended from time to time,
shall permit hawking and peddling where otherwise prohibited by any
federal, state, county or town law, ordinance, regulation, or statute.
A.
The Village Clerk shall keep a record of the applications, the determinations
thereon and of all licenses issued in accordance with this article.
The record shall contain the name and residence of the person licensed,
the location of the business, the amount of the license fee paid and
the date of revocation of all licenses revoked.
B.
All licenses hereunder shall expire one year from the date of issuance,
except that a license issued for a shorter period than one year shall
expire at the expiration of the period for which it is issued.
[Amended 5-14-1987 by L.L. No. 4-1987; 6-10-2010 by L.L. No.
3-2010]
The license fees for all licenses issued hereunder are hereby
fixed as follows: $150 per year or $25 per day or a fraction thereof.
A licensed hawker or peddler shall:
A.
Not willfully misstate the quantity or quality of any article offered
for sale.
B.
Not willfully offer for sale any article of an unwholesome or defective
nature.
C.
Not call attention to his goods by blowing a horn, by ringing a bell
other than a house doorbell, by shouting or crying or by any loud
or unusual noise.
D.
Not frequent any street in an exclusive nature so as to cause a private
or public nuisance.
E.
Keep the vehicle and/or receptacles used by him in the furtherance
of his licensed business in a sound, clean and sanitary condition.
F.
Keep his edible articles offered for sale well protected from dirt,
dust and insects.
G.
Not stand or permit the vehicle, structure or tent and/or apparatus
used by him/her to stand in one place for more than 10 minutes in
front of any private premises without permission of the owner or the
lessee of the ground or in any public place or street. Notwithstanding
the foregoing, the peddler or solicitor may remain longer than 10
minutes, but only if the peddler or solicitor has received prior approval
from the Board of Trustees at a public hearing to remain for a longer
period, and subject to any conditions the Board of Trustees may impose.
The Board will consider requests for permission to stand in one public
location for said longer periods of time, but solely on a case-by-case
basis and at a public hearing, provided that the applicant's
presence enhances the public welfare and community. Such approval
may be revoked at any time by the Board of Trustees, without further
notice or hearing. This subsection shall not apply to the sale of
prepared foods and/or the sale of beverages by vendors licensed by
the County of Rockland pursuant to Article 4 of the General Business
Law of the State of New York, and otherwise licensed, as may be required,
by the Rockland County Department of Health.
H.
Not sell confectionery or ice cream within 250 feet of any school
between the hours of 8:00 a.m. and 4:00 p.m. on school days.
[Amended 9-14-2017 by L.L. No. 2-2017]
I.
Not hawk, peddle or otherwise solicit between the hours of 8:00 p.m.
and 9:00 a.m.
[Added 9-14-2017 by L.L.
No. 2-2017]
J.
Not conduct himself or herself in such a manner likely to unreasonably
annoy, alarm or harass an occupant of any house or a participant in
any parade or procession taking place within the Village of Nyack.
[Added 9-14-2017 by L.L.
No. 2-2017]
A license may be summarily revoked by the Village Clerk by reason
of a violation of the terms of the license, the violation of any municipal
ordinance or state or federal statute, or falsification in applying
for a license. Written notice of such revocation, stating the terms
thereof, shall be personally served upon the licensee or mailed to
the address given in the application. Upon the filing of such notice
of revocation in the Village Clerk's office, with affidavit of
service by mailing, such license shall be revoked, and a hearing upon
the revocation of the license shall be granted the licensee if said
licensee shall request such a hearing as hereinafter provided.
A.
No person hawking, peddling or soliciting the sale of magazines or
other periodicals shall visit a private residence for the purpose
of hawking, peddling or soliciting, except after procuring a license
hereunder, unless such person has been personally invited to such
private residence by the owner or occupant thereof.
B.
The license issued to a person hawking, peddling or soliciting the
sale of magazines or other periodicals shall, in addition to the other
requirements hereby imposed, have the photograph of the licensee affixed
thereto and to the application. Such photograph shall have been taken
within 30 days next preceding the application for such license.
C.
Before a license issued to a person for the purpose of hawking, peddling
or soliciting the sale of magazines or other periodicals shall be
valid, it shall be countersigned by the Chief of Police of the Town
of Orangetown. Prior to countersigning such license, said Chief of
Police shall require that the applicant's employer file with
the Town of Orangetown Police Department a duplicate photograph of
the applicant taken at the same time as the photograph annexed to
the license application and license, and in addition thereto a statement
as to the character of the applicant verified by the employer.
[Amended 9-14-2017 by L.L. No. 2-2017]
D.
The Chief of Police of the Town of Orangetown is hereby empowered to refuse to countersign any license
issued pursuant to the provisions of this section if, in his opinion,
the applicant's character does not justify the issuance thereof
or that the issuance of a license to the applicant would not be in
the interest of the peace, health, safety, welfare and good order
of the Village and its inhabitants.
In the event of the revocation of license pursuant to the provisions of § 254-11 hereof, or in the event of the denial of a license to any applicant by the Clerk or the refusal of the Chief of Police to countersign a license, the applicant may request a hearing within a period of 30 days after such revocation, refusal and denial. Such request shall be in writing and shall be made to the Village Board of the Village of Nyack and filed with the Village Clerk within the period provided herein. The Village Board shall hear such applicant's request for a review of the determination of the Village Clerk or the Chief of Police at the next regularly scheduled meeting of the said Village Board following the filing of the application for review with the Village Clerk. The Village Board may grant a license to the applicant if it should determine that the refusal on the part of the Clerk or the Chief of Police was arbitrary or otherwise in error. If the Village Board after such hearing shall determine that the decision of the Village Clerk or Chief of Police was not arbitrary and was justified under the circumstances, the Board shall refuse such license. The decision on any hearing shall be rendered by the Village Board in writing within 45 days after the hearing thereof and shall be entered in the minutes of the Village Board.
[Amended 9-14-2017 by L.L. No. 2-2017]
Any person who shall act as a hawker or peddler as herein defined,
without a license, or who shall violate any of the provisions of this
article, or who shall continue to act as hawker or peddler subsequent
to the revocation of his license, shall be subject to a penalty as
follows:
A.
For a
first offense, a fine of not less than $500 and not more than $1,500;
B.
For a
second offense within 24 months, as measured from occurrence to occurrence,
a fine of not less than $1,500 and not more than $3,500;
C.
For a
third or more offense within 24 months, as measured from occurrence
to occurrence, a fine of not less than $3,500 and not more than $10,000,
or by imprisonment not to exceed 30 days, or both.
[Adopted 4-9-1992 by L.L. No. 5-1992 (Ch. 49 of the 1972
Code)]
No individual or organization shall solicit alms, contributions
or volunteer services door-to-door or in any public place in the Village
of Nyack without first having obtained a license therefor from the
Clerk of the Village.
The provisions of this article shall not apply to bona fide
volunteer fire fighters organizations or auxiliaries whose headquarters
are in the Village of Nyack, if all contributions are solicited by
members and the members receive no compensation.
A.
Every applicant for a license is required to submit to the Village
Clerk a written application supplying, under oath, the following information:
(1)
Name of applicant.
(2)
Permanent home residence.
(3)
The age of the applicant. (In no instance shall a license be issued
to a person under 18 years of age.)
(4)
The number of arrests or convictions for crimes and the nature thereof.
(5)
Name and address of the soliciting organization.
(6)
The length of time for which the license is requested.
(7)
A copy of the last annual report submitted by the soliciting organization
to the New York State Department of State, Office of Charities Registration
or a sworn statement indicating why the solicitor is exempt from registration.
(8)
A letter of authorization from the organization the applicant purports
to represent.
(9)
Two photographs, two inches by two inches, taken within 30 days of the date of the application for such license. Such photograph shall show head, full face and shoulders of applicant. [An additional copy of the photograph shall be delivered to the Orangetown Police Department; see Subsection A(10) below.]
B.
Applications must be submitted by each individual soliciting on behalf
of an organization.
Upon receipt of the application and of the license fee and if
reasonably satisfied with the applicant's qualifications, the
Village Clerk shall issue a license to the applicant. The license
is nontransferable and shall be in the continuous possession of the
licensee while engaged in the solicitation licensed. The license shall
be produced upon the demand of any potential or actual contributor
and any Village official or police officer.
A.
The Village Clerk shall keep a record of the applications, the determinations
thereon, all licenses issued, the license fee paid and the date and
basis of any revocation made in accordance with this article.
B.
All licenses issued hereunder shall expire one year from the date
of issuance, except that a license issued for a shorter period than
one year shall expire at the expiration of the period for which it
is issued.
The license fees for each license issued hereunder are hereby
fixed as follows: $50 per year or $10 per day or a fraction thereof.
A licensed solicitor shall:
A.
Not stand in one place in any public place or street for more than
10 minutes or in front of any premises for any time, if the owner
or lessee of the ground objects.
B.
Not solicit after sundown and before 9:00 a.m. The Village Clerk
is authorized to waive this restriction for applications made on behalf
of nonprofit, religious or community organizations headquartered in
Nyack. In no instance may a solicitor solicit after 8:00 p.m.
A license may be summarily revoked by the Village Clerk by reason
of a violation of the terms of the license, the violation of any municipal
ordinance or state or federal statute, or falsification in applying
for the license if written notice of revocation, stating the terms
thereof, has been either personally served upon the licensee or mailed
to the address given in the application. Upon the filing of such notice
of revocation in the Village Clerk's office, with an affidavit
of service, such license shall be immediately revoked by the Village
Clerk.
In the event of the revocation of license pursuant to the provisions
hereof or in the event of the denial of a license to any applicant
by the Clerk, the applicant may request a hearing within a period
of 30 days after receipt of notice of such revocation, refusal and
denial. Such request shall be in writing to the Village Board of the
Village of Nyack and filed with the Village Clerk within the period
provided herein. The Village Board shall hear such applicant's
request for a review of the determination of the Village Clerk at
the next regularly scheduled meeting of the said Village Board following
the filing of the application for review with the Village Clerk. The
Village Board may grant a license to the applicant if it should determine
that the refusal on the part of the Clerk was arbitrary or otherwise
in error. If the Village Board, after such hearing, shall determine
that the decision of the Village Clerk was not arbitrary and was justified
under the circumstances, the Board shall refuse such license. The
decision on any hearing shall be rendered by the Village Board in
writing within 45 days after the hearing thereof and shall be entered
in the minutes of the Village Board.
Any person who shall act as a solicitor, as herein defined,
without a license, or who shall violate any of the provisions of this
article or who shall continue as a solicitor subsequent to the revocation
of the license shall be guilty of disorderly conduct and shall be
deemed a disorderly person. In addition, such person shall incur a
penalty of $250 for each day on which such violation continues.
