[HISTORY: Adopted by the Board of Trustees of the Village of Lawrence
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-25-1942 by part
of Ord. No. 106[1]]
[1]
Editor's Note: The provisions of this article are derived from § 313.2(b)
and (c) of the Code of Ordinances of 1942.
No license or permit to hawk or peddle shall be required of an honorably
discharged soldier, sailor or marine who is crippled as a result of injuries
received while in the Naval or Military Service of the United States, and
no such license shall be required of the holder of a license granted pursuant
to § 32 of the General Business Law.
In no event shall hawking or peddling of foodstuffs or merchandise of
any kind be permitted, at any time, within 300 feet of any school or 300 feet
of any village park, and no automobile, wagon, cart or vehicle of any kind
from which foodstuffs or other merchandise is offered for sale or sold shall
stand within said distance of 300 feet.
[Added 4-13-1988 by L.L.
No. 5-1988; amended 9-11-2002 by L.L.
No. 5-2002]
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine up to a maximum of $1,000
or by imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment. The continuation of an offense against the provisions of
this article shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
[Adopted 9-8-1982 by L.L.
No. 5-1982]
It shall be unlawful for any person or company to enter upon any private
residential property in the village for the purpose of peddling or soliciting
without the consent of the occupant of said premises previously given.
[Amended 4-13-1988 by L.L.
No. 5-1988]
A.
No person shall enter upon any private residential property
in the village for the purpose of soliciting alms or a subscription or a contribution
to any church, charitable or public institution; nor for the purpose of distributing
any handbill, pamphlet, tract, notice, advertising or other like matter; nor
for the purpose of selling or distributing any ticket or chance; nor for the
purpose of distributing campaign literature of any political organizations;
nor for the purpose of soliciting signatures on any petition, unless an occupant
of said premises has filed in the Village Administrator's office a notice
allowing any or all such solicitations or distributions.
B.
Such notice shall include:
(1)
The name of the person filing.
(2)
The address of the property affected.
(3)
The date of such filing.
(4)
A statement specifically identifying the churches, charitable
organizations or public institutions which the person filing objects to permitting
entrance onto his private residential property for the purpose of solicitations
or distribution or that all such solicitations or distributions are allowed.
(5)
Whether the person filing wishes to permit entrance onto
his private residential property only for solicitations or distributions by
a person who has been a bona fide resident of the village for a period of
at least six consecutive months prior thereto and/or is soliciting or distributing
in behalf of a church, charitable organization or public institution of which
the solicitor or distributor is a member and which has had a place of worship
or office in the village for a period of at least six consecutive months prior
thereto.
C.
The Village Administrator shall prepare and maintain
a list, by occupant's home and street address, of all private residential
properties in the village which are the subject of a filing described herein.
D.
Any occupant of private residential property who has
given notice as described herein may withdraw or modify such notice at any
time, upon notification to the Village Administrator.
It shall be unlawful for any person, organization, society, association,
company or corporation or their agents or representatives to solicit donations
of money or property or financial assistance of any kind upon the streets,
in office or business buildings, by house-to-house canvass or in public places
in the village without a license issued pursuant to this article.
A.
Applications to solicit funds for any cause whatever,
as provided for in this article, shall be in writing and addressed to the
Mayor and shall contain the following information:
(1)
The name, address and purpose of the cause for which
permission to solicit is sought.
(2)
The names and addresses of the officers and directors
of the organization, firm, society, association, company or corporation.
(3)
The time for which permission is sought and localities
and places of solicitation.
(4)
Whether or not any commissions, fees, wages or emoluments
are to be expended in connection with such solicitation.
(5)
Such other information as the Board of Trustees may require
to determine the bona fide status of the applicant and whether such solicitation
would not be detrimental to the best interests of the village and the public.
B.
Upon receiving such application, the Mayor shall present
the same to the Board of Trustees at its next regular meeting, and the Board
of Trustees shall thereupon investigate or cause an investigation to be made
of the person, organization, firm, society, association, company or corporation
for which a license to solicit donations in public is sought and the time
and locality in which it is desired to make such solicitation, and, if the
Board shall, after such investigation, be satisfied that the purpose of the
solicitation is not fraudulent or misleading and would not be detrimental
to the best interests of the village and the public, the Mayor or such village
officer designated by him shall issue a license signed by the Mayor or such
designated officer.
C.
The Board of Trustees may place reasonable restrictions
on the granting of any such license, to include, but not be limited to, the
hours of solicitation, the number of persons soliciting, the locality of such
solicitation and the period for which such license is granted.
[Amended 4-13-1988 by L.L.
No. 5-1988]
Licensees operating under this article shall be compelled to label all
collection boxes or containers used in the solicitation of funds, either by
appeal in person or the placing of receptacles for the receipt of such public
contributions in stores, factories, shops, offices, theaters, hotels, restaurants,
railway stations or other public places, with the name of the organization
for which the permit is issued and in such conspicuous manner as the Village
Administrator may direct.
All persons soliciting donations pursuant to this article shall, at
all times during such solicitation, carry an identification card issued by
the chairman or district chairman of any such charitable drive, which identification
card shall plainly show the name of the person soliciting and the person,
organization, society, association, company or corporation on whose behalf
such solicitation is being made.
The Board of Trustees may establish such regulations as it may deem
necessary in effectuating the purposes and objects of this article.
The provisions of this article shall not apply to any duly organized
religious corporation, any lodge, benevolent or fraternal order or any political
organization, whenever such solicitation is made at the regular places of
worship or regular meeting places of such religious corporation, lodge, benevolent
or fraternal order or political organization.
[Added 4-13-1988 by L.L.
No. 5-1988; amended 9-11-2002 by L.L.
No. 5-2002]
Any person committing an offense against any provision of this article
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine up to a maximum of $1,000
or by imprisonment for a term not exceeding 15 days, or by both such fine
and imprisonment. The continuation of an offense against the provisions of
this article shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
