[HISTORY: Adopted by the Board of Trustees of the Village of Ardsley 5-17-2021 by L.L. No. 3-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 152, Peddling and Soliciting, adopted 11-15-1971, as amended.
No person shall peddle, vend or offer for sale in or upon any street, park or other public place in the Village of Ardsley, or solicit orders for, or peddle, vend or offer for sale from house to house in the said Village any goods, merchandise or other things or commodities of any description without a license as hereinafter provided for, except that such license shall not be required of any holder of a license issued by the Clerk of the County of Westchester, pursuant to § 32 of the General Business Law of the State of New York; and provided, further, that this chapter shall not prevent or in any manner interfere with the hawking or peddling without use of any but a hand-driven vehicle by an honorably discharged soldier, sailor or marine, who is a cripple as a result of injuries received while in the military or naval service of the United States and the holder of a license granted pursuant to § 32 of the General Business Law of the State of New York; and provided, further, that the licensing conditions of this chapter shall not apply to any person peddling, vending or offering for sale in Ardsley products shipped or services performed in the course of interstate commerce. For purposes of this section, a person who solicits orders for future delivery from another state shall be deemed to be a person engaged in interstate commerce.
A. 
No person shall, in peddling, soliciting, vending or offering for sale in or upon any street, park or other public place or in peddling, vending or offering for sale from house to house in said Village any goods, wares, merchandise or other things or commodities of any description, unreasonably cry his wares or unreasonably make use of any horn, bell or other noisemaking device to attract attention to his wares or to facilitate his peddling, nor shall otherwise disturb the peace and quiet of any part of said Village in any manner whatsoever.
B. 
No person shall, in the carrying on of such occupation as aforesaid, permit or suffer any automobile or other vehicle used by him in connection therewith, to stand or remain:
(1) 
Within 500 feet of any grounds occupied by a school between the hours of 8:00 a.m. and 5:00 p.m.; or
(2) 
In front of any premises for any time if the owner or lessee thereof objects.
C. 
No person shall peddle, solicit or distribute merchandise, except between the hours of 9:00 a.m. and 7:00 p.m., unless specifically having been invited into the premises by the occupant, having previously made an appointment with a person residing or conducting business therein.
D. 
No person in the conduct of peddling, vending, soliciting or offering for sale shall litter the streets, places or properties within the Village with any merchandise, packaging materials or printed material.
E. 
No person conducting the activities addressed herein shall enter upon any property, ring any bell, knock upon any door nor enter any building where there is a sign, visible to the public, containing any or all of the words "no peddlers," "no solicitors" or "no agents."
F. 
No person shall peddle, solicit, vend or offer for sale food, beverage, or other merchandise in Louis M. Pascone Memorial Park or McDowell Park unless such activity or business is conducted under the auspices of the Village of Ardsley, or approved by the Village as part of a paid use reservation.
A. 
Such license shall be signed by the Village Clerk, who shall keep a record thereof and the amount of the fee paid therefor. Such license shall specify the fee paid therefor and its date of expiration.
B. 
If any person to whom a license shall be issued as aforesaid shall at any time be found guilty of a violation of any provision of this chapter, such license shall be subject to immediate cancellation by the court before which such person shall have appeared and been found guilty. Any and all licenses which may be granted by the Village Clerk pursuant to this chapter may, for cause, be suspended by the Village Clerk. A hearing before the Board of Trustees to appeal this suspension can be requested. Thereafter, the license may be revoked by the Board for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for a license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the licensed business.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving violence, fraud or moral turpitude.
(5) 
Conducting the licensed business in an unlawful manner or in such a manner as to constitute a menace to the health, safety or general welfare of the public.
C. 
Notice of the hearing for revocation by the Village Board of Trustees of a license shall be given, in writing, by mail to the licensee at his last known address at least five days prior to the date set for the hearing. The licensee shall be given an opportunity to be heard. A continuation of operation following suspension shall constitute, for each day of such continuance, a separate violation of this chapter.
D. 
The determination of the Village Board of Trustees shall be issued, in writing, within 20 days of the hearing.
The following fees shall be collected for the issuance of licenses under this section:
A. 
A license for the term of one year for each applicant for such license, who shall engage in peddling or vending in the Village of Ardsley.
B. 
No license fee shall be required of an applicant engaged in interstate commerce.
Every person, while engaged in such occupation within the limits of this Village, shall carry with him such license and shall exhibit the same upon demand.
Every natural person who intends to engage in such occupation within the limits of this Village shall first complete and file with the Clerk an application which shall require the following information:
A. 
The name, address, height, weight, hair color and eye color of applicant.
B. 
A photograph.
C. 
The fingerprints of the applicant.
D. 
Any convictions of any felony or misdemeanors.
E. 
A description of the vehicle, if any, to be used in connection with such occupation, including the make, year, license number and engine number of such vehicle.
F. 
A description of products or services to be offered for sale.
G. 
Whether or not the applicant claims to be engaged in interstate commerce and, if so, the basis of such claim.
A license shall not be denied to any applicant unless:
A. 
The application reveals that the applicant has been convicted of a crime of violence.
B. 
The application reveals a material misrepresentation of the fact.
A. 
Any person desiring a permit to conduct a seasonal sale (i.e., Christmas trees, pumpkins, etc.) shall submit an application, duly verified by the applicant, upon forms prescribed by the Village Clerk as set forth above in § 152-6. Additionally, the proposed applicant shall submit a proposed location for the proposed sale.
B. 
Seasonal sales shall be permitted only in Zones B1, B2 and B3, as those zones are defined by the Village Zoning Ordinance, or such places as the Village may designate from time to time in keeping with the public safety and interest. All such sale sites are subject to the approval of the Chief of Police and the Fire Chief or their designated representatives, who shall consider, among other things, the traffic, building and fire safety for the proposed site.
C. 
The application must be filed no less than three weeks before the proposed sale is scheduled to begin.
D. 
The Village Clerk may deny any application or, once a permit has been issued, may revoke any permit in accordance with §§ 152-3 and 152-7 above. Upon such denial or revocation, the person may appeal the decision of the Village Board in their discretion.
E. 
The permit shall expire automatically five weeks after it is effective. The permit shall be nonrenewable.
F. 
The amount of the permit fee shall be $250. Additionally, the applicant shall file with the Village Clerk a cleanup bond in the amount of $500, subject to the approval of the Village Attorney. Cleanup of the site must be completed within 48 hours of the conclusion of the sale. Said bond shall be released after an inspection of the site reveals that the site has been left in its original condition, both clean and neat, normal wear and tear excepted.
G. 
This section shall not apply to a retail establishment conducting a sale at its established place of business in the ordinary course of business.
H. 
Licenses issued under the provisions of this chapter may be revoked by the Village Clerk of the Village of Ardsley for cause after written notice, including but not limited to the same reasons for denying an application listed above in §§ 152-3 and 152-7. Upon revocation, the person may appeal the revocation to the Village Board as provided above in § 152-3.
I. 
The Village Clerk shall keep an accurate record of all licenses issued under this chapter.
A. 
Any person violating the provisions of this chapter or any part thereof shall be liable and pay a fine not exceeding $50 for the first offense nor $250 for any subsequent offense.
B. 
Any violation of this chapter shall subject the violator to immediate cancellation of the license of the violator in accordance with § 152-3 above.