It is hereby found and declared that there exists in the Village of
Mount Kisco a large number of persons who gather in a multitude of areas along
the public roadways soliciting employment and that there are a correspondingly
large number of persons traveling in vehicles throughout the village soliciting
employees. As a result, there have been numerous complaints regarding traffic
and pedestrian safety hazards. It has become necessary in this Board's opinion
to safeguard and protect such village residents and employees by regulating
the manner and location in which such soliciting takes place. Such regulation
will protect and promote the health, safety and welfare of the residents of
Mount Kisco and employees.
The purposes of this chapter are to:
A. Reduce the risk of safety hazards occasioned by the soliciting
of employment and employees on and around the public roadways in the Village/Town
of Mount Kisco;
B. Protect such persons hired in the Village/Town of Mount
Kisco; and
C. Protect the health, safety and welfare of persons in
the Village/Town of Mount Kisco.
For the purpose of this chapter, the following meanings shall apply:
BUSINESS
Any type of service, performance or activity which is provided or
performed, or offered to be provided or performed, in exchange for money,
labor, good or any other form of consideration.
COMMERCIAL PARKING AREA
Any property which is used primarily for the purpose of parking vehicles
and is either owned by the Village/Town of Mount Kisco or adjoins one or more
commercial establishments.
DESIGNATED HIRING AREA
A public area designated by the Village Manager or private area approved by the Planning Board pursuant to §
90-6 of this chapter in which persons to whom licenses have been issued according to §
90-7 of this chapter may solicit employment or employees.
EMPLOYEE
A person providing any service, industry or labor for wages or salary
or under any contract of hire, written, oral, express or implied.
EMPLOYMENT
Any service, industry or labor performed by a person for wages or
other compensation or under any contract of hire, written, oral, express or
implied.
LICENSEE
A person licensed to engage in soliciting employment in the Village
of Mount Kisco under the provisions of this chapter.
PERSON
Any natural person, firm, organization, partnership, association,
corporation or other business entity.
PUBLIC RIGHT-OF-WAY
Any public sidewalk, street, road or highway, including the curb
and shoulder thereof, within the Village/Town of Mount Kisco.
SOLICIT
Any request, offer, enticement or action which announces the availability
for employment or of employment; or any request, offer, enticement or action
which seeks to secure employment. As defined herein, a solicitation shall
be deemed complete when made whether or not an actual employment relationship
is created, a transaction is completed or an exchange of money or other property
takes place.
VILLAGE
The Village/Town of Mount Kisco.
This chapter shall not apply so as to unlawfully interfere with interstate
commerce nor restrict, limit or regulate any commerce or other activities
exclusively provided for or retained by the county, state or federal government.
It shall be a violation of a license issued under this chapter to:
A. Engage in the solicitation of employees or employment within the Village of Mount Kisco in violation of §
90-5 of this chapter.
B. Engage in soliciting employees in any name other than
the one in which the person is licensed.
C. Make a false statement or provide false information in
making an application for a license, renewal or duplicate license.
D. Fail to notify the Chief of Police, in writing, of any
change of ownership, management or business name or location of a business
engaged in soliciting employees within 10 days therefrom.
E. Fail to display in any vehicle being used for soliciting
employees hereunder, the license issued by the Chief of Police authorizing
such licensee to solicit employees within the Village of Mount Kisco, such
display to comply with regulations promulgated by the Village Manager.
A license issued under this chapter shall not be assignable. Any licensee
who permits his or her license to be used by any other person and any person
who uses such license granted to any other licensee shall each be guilty of
a violation of this chapter. A transfer to a successor motor vehicle shall
not be considered an assignment under this section.
In the event that any section, subsection, sentence, clause, phrase
or portion of this chapter is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not effect
the validity of the remaining portions of this chapter. The Board of Trustees
of the Village of Mount Kisco hereby declares that it would have adopted this
chapter and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more section, subsection,
sentence, clause, phrase or portion may be declared invalid or unconstitutional.
Any person committing an offense against §
90-5 of this chapter shall be punishable as provided in §
1-17B of this Code.