[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook 6-26-1972 by Ord. No. 72-45 as Ch. 11 of the 1967
Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch.
72.
Garage sales — See Ch.
135.
Junk dealers — See Ch.
149.
Parks and recreational areas — See Ch.
173.
Peace and good order — See Ch.
175.
Special sales — See Ch.
192.
Dealers in secondhand merchandise — See Ch.
195.
Sunday activities — See Ch.
216.
As used in this chapter, the following terms
shall have the meanings indicated:
COMPANY
Any association of individuals, partnerships, firms, corporations,
societies or any other organization.
PEDDLE
To go from house to house, from store to store, from place
to place or from street to street, to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of Lynbrook
other than from a fixed place of business.
PEDDLER
Any person or company who peddles, as herein defined. The
words "peddler," "hawker" and "huckster" are considered synonymous
terms.
[Amended 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No.
5-2012]
PERSON
Only a natural person or an individual, whether a resident
of the Village of Lynbrook or not.
SOLICIT
To go from house to house, from place to place, from street
to street, from store to store, or any combination thereof, for the
purpose of selling or taking an order or orders, whether from sample
or otherwise, for services to be performed in the future or for goods,
wares, merchandise or provisions to be delivered in the future or
for the purpose of obtaining contributions of money, goods or services
or for the purpose of delivering advertising matter at any place within
the Village.
[Amended 1-21-1974]
SOLICITOR
Any person who solicits, as defined in this section, whether
directly or indirectly, and whether in person or through another person
or employee, and shall include such other person or employee.
[Amended 1-21-1974; 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No. 5-2012]
[Added 6-18-2012 by L.L. No. 5-2012]
A. The fundamental
purpose of this chapter is the safety and welfare of Village residents
by assuring that peddlers and solicitors have been investigated and
licensed. The chapter has been reviewed by the Village Board and amended
to assure and safeguard the constitutional rights of all solicitors
and peddlers in the Village with reasonable licensing requirements
and reasonable working limitations as to place and time.
B. The Board
has also considered provisions for the health, safety and welfare
or children 15 years of age and younger who are engaged in these practices.
In this regard, the Code amendments establish the least restrictive
regulatory provisions in order to achieve these goals while balancing
the provisions in light of the rights of the children and the rights
of their parents under law. In providing for both the age limitations
and the requirement of the presence of a parent or legal custodian,
the Board has acted upon its consideration of federal child labor
regulations found in CFR Title 29 Parts 570-579, particularly 570.33
where youth peddling is found as "oppressive child labor" under the
Fair Labor Standards Act. The Board also considered the report of
the Labor Department dated May 20, 2010, concerning the bases for
these regulations wherein youth peddling is investigated. This report
describes the dangers to which such children are exposed. Also considered
is the Village's experience with a Suffolk County firm transporting
children for the purpose of selling products where the children were
clearly underage with no custodial adult present. This firm has been
investigated by the New York State Labor Department and the Nassau
County Police Department with charges of child abandonment and the
labor violations of "employment" of children under 14 and over 14
without working papers.
C. Considering the foregoing facts, the Village Board amends Chapter
178 in accordance with its obligation to meet the goals of its governmental interests for the protection of its residents and the well-being and safety of children.
[Amended 11-21-2011 by L.L. No. 16-2011]
It shall be unlawful for:
A. Any person
or company to peddle or solicit within the Village of Lynbrook without
having first obtained a valid license or registration certificate
therefor as provided for herein.
B. Any person
to employ or use the services of an individual under the age of 16
years in the activity of peddling or soliciting unless a parent or
legal custodian is present with or no further than 50 feet from said
individual.
[Amended 6-18-2012 by L.L. No. 5-2012]
An application for a license shall contain the
following information:
A. Name, date of birth, and description of applicant.
Applicant shall provide proof of identity and age, which proof shall
have a photograph of the applicant of sufficient quality to prove
identity.
[Amended 11-21-2011 by L.L. No. 16-2011]
B. Address of applicant, local and legal.
C. A brief description of the nature of the business
and the kind of goods or property to be peddled or solicited.
D. A statement as to whether or not the applicant has
ever been convicted of any crime or violation of any municipal ordinance
or local law, the nature of the offense and the punishment or penalty
assessed therefor.
E. Three photographs of the applicant, taken not more
than 60 days prior to the date of filing of the application, which
pictures shall be two inches by two inches showing the head and shoulders
of the applicant in a clear and distinguishing manner.
F. A statement that the applicant is a citizen and whether
citizenship was obtained by birth or naturalization. If by naturalization,
the date and place where obtained.
G. If employed by the owner of a licensed vehicle, the
name and address of such employer, together with credentials establishing
the exact relationship.
H. If for a vehicle license, a description of the vehicle,
together with license number or other means of identification.
I. If the applicant is employed by a company, or is a
company, the name and address and title of officer of company upon
whom process or other legal notice may be served.
[Amended 11-21-2011 by L.L. No. 16-2011]
A. Upon receipt of such application, one copy shall be
referred to the Village of Lynbrook Police Department for such investigation
of the applicant to be made as it deems necessary for the protection
of the public good.
B. If such investigation should prove the applicant to
have a police record, the Police Department shall attach to such application
a copy of the applicant's police record and shall return the application
to the Village Clerk, who shall notify the applicant that his application
is disapproved and that no license will be issued on said application.
C. If, as a result of such investigation of the applicant,
no police record is found, the Police Department shall attach to the
application a statement that it has no record of the applicant and
shall return said application to the Village Clerk. Upon the return
of such application and approval by the Village Clerk and the payment
of the prescribed license fee by the applicant, the Village Clerk
shall prepare and deliver to the applicant his license and tag. Such
license shall contain the Seal of the Village and the signature of
the issuing officer and shall show the name, address and photograph
of the licensee, the class of license issued, the kind of goods to
be peddled or solicited thereunder, the amount of fee paid, the license
number, the date of issuance and the date of expiration of such license,
as well as the state license number or other identifying description
of vehicle, if for a vehicular license.
D. The Village Clerk shall keep a record of all such
licenses issued.
E. The Village shall have 20 business days to either approve or disapprove any application made under Chapter
178.
[Added 6-17-2019 by L.L. No. 4-2019]
[Amended 12-2-2002 by L.L. No. 6-2002]
Fees shall be as follows:
A. For each person proposing to peddle or solicit, whether
on foot or from a licensed vehicle, an annual license fee shall be
in such amount as set by resolution of the Board of Trustees.
B. For a peddler vehicle license for a commercial or
suburban vehicle, the annual fee shall be in such amount as set by
resolution of the Board of Trustees.
C. The annual license fees herein provided shall be assessed
on a yearly basis. Each license shall expire on the 31st day of January
next succeeding the date of issuance. There shall be no reduction
in fees for fractional parts of the year.
[Amended 12-2-2002 by L.L. No. 6-2002]
A. To each person licensed under this chapter, the Village
Clerk shall issue a license with a photo of the licensee which shall
bear the word "peddler," the number of the license and the calendar
year for which the license is issued, in figures plainly discernable.
Such license shall be displayed constantly by the licensee in such
a way as to be conspicuous during such time as said licensee is plying
his trade.
B. For each vehicle licensed under this chapter, the
Village Clerk shall issue a license which shall bear the word "peddler,"
the number or the license and the calendar year for which such license
is issued, in figures plainly discernable. Said license shall be attached
to the passenger visor of the vehicle in a conspicuous manner and
shall be kept clear and readable at all times.
Every peddler or solicitor licensed under this
chapter shall have his license in his immediate possession at all
times when peddling or soliciting and shall display same upon demand
of any person in the Village of Lynbrook.
No license, license plate or badge issued under
the provisions of this chapter may be transferred from one person
to another person or from one vehicle to another vehicle, nor shall
the badge so issued be used or worn at any time by any person other
than the one to whom it was issued.
No peddler or solicitor shall have any exclusive
right to any location in the public streets, nor shall any be permitted
a stationary location, nor shall be be permitted to operate in any
congested area where his operation might impede or inconvenience the
public. For the purpose of this chapter, the judgment of any police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the public impeded or inconvenienced.
A. It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before
the hour of 9:00 a.m. of any day or after dusk (30 minutes after sunset),
but, in no event, after the hour of 9:00 p.m. of any day, except upon
the invitation of a householder or occupant.
[Amended 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No.
5-2012; 6-17-2019 by L.L. No. 4-2019]
B. It shall be unlawful for any peddler or solicitor
in plying his trade to ring the bell or knock upon or enter any building
whereon there is painted or otherwise affixed or displayed to public
view any sign containing any or all of the following words: NO PEDDLERS,
NO SOLICITORS, NO AGENTS or other wording, the purpose of which purports
to prohibit peddling or soliciting on the premises.
C. No peddler or solicitor shall peddle, vend or sell
his goods or wares within 200 feet of any church or place of worship
or any place occupied exclusively as a public or private school or
for school purposes, nor shall be permit his vehicle to stand on any
public highway within said distance of such school property.
D. No solicitor shall solicit any business whatsoever
at the scene of any accident within the area of the Village of Lynbrook.
E. It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting where the householder or occupant has given notice to the Board of Trustees pursuant to §
178-18.1 of this section.
[Added 6-17-2019 by L.L. No. 4-2019]
If the applicant for a peddler's or solicitor's
license uses scales or measures in his business, he shall also file
with his application for license a certificate issued by the Nassau
County Sealer of Weights and Measures that his scales or measures
have been tested and sealed.
[Added 7-19-1982 by L.L. No. 6-1982]
If the applicant for a peddler's or solicitor's
license handles food in his business, he shall also file with his
application, a copy of the current notice of inspection and the current
permit issued by the Nassau County Board of Health certifying that
he complied with all Health Department requirements.
Any honorably discharged veteran of the Armed Services of the United States who has obtained a veteran's license from the Nassau County Clerk to hawk, peddle, vend or solicit trade in pursuance of law on the streets and highways of the Village of Lynbrook shall be exempt from the provisions of §
178-5 of this chapter. In lieu of a license as prescribed in §
178-6A of this chapter, the Village Clerk, upon arrival of the veteran's application, will issue a badge and permit to said veteran to ply his trade in the Village of Lynbrook, subject to all other provisions of this chapter. Said permit will be stamped in ink on the face of the county license. In those instances where the veteran owns his own vehicle to be utilized in plying his trade, a vehicle plate will be issued.
[Amended 11-21-2011 by L.L. No. 16-2011]
This chapter will apply to religious and charitable organizations and newspaper vendors; however, the provisions of §§ 174-4C through 178-8 shall not apply to persons soliciting for a charitable or religious organization, and the provisions of §§
178-2 and
178-4 through
178-8 shall not apply the peddling of fish, fruit or farm produce by persons who produce such commodities. This exemption shall apply only to natural persons and shall not be construed to include farmers or other persons who buy goods for resale as well as selling their own produce or to any helper or employee of such exempt person.
[Amended 11-21-2011 by L.L. No. 16-2011; 6-18-2012 by L.L. No.
5-2012]
If for any reason any person or company is exempt from the payment of any fees herein, said person or company shall nevertheless complete an application pursuant to §
178-3, and shall comply with all the other applicable terms and provisions of this chapter. The Village Clerk shall issue a registry certificate in lieu of a license and badge indicating that such person and company is properly registered hereunder.
[Amended 6-18-2012 by L.L. No. 5-2012]
It shall be the duty of any police officer of
the Village of Lynbrook to require any person seen peddling or soliciting
and who is not known by such police officer to be duly licensed or
registered to produce his peddler's and solicitor's license or registry
certificate and to enforce the provisions of this chapter against
any person found to be violating same.
The Police Department shall report to the Village
Clerk all convictions for violation of this chapter, and the Village
Clerk shall record the reports of such violations.
A. A license or registry certificate (hereinafter referred
to as "license") issued under the provisions of this chapter may be
revoked by the Village Clerk of the Village of Lynbrook after notice
and hearing for any of the following causes.
[Amended 6-18-2012 by L.L. No. 5-2012]
(1) Fraud, misrepresentation or false statement contained
in the application for licenses.
(2) Fraud, misrepresentation or false statement made in
the course of carrying on his business as peddler or solicitor.
(3) Any violation of this chapter.
(4) Conviction of any crime involving moral turpitude.
(5) Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
B. Notice of the hearing for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of hearing. Such notice shall
be mailed, postage prepaid, to the licensee at his last known address,
at least five days prior to the date set for hearing.
C. The Village Clerk, upon receiving information giving
him reasonable cause to believe that the holder of any license issued
hereunder has violated any provisions of this chapter or has been
convicted of any violation referred to in this section or indicted
or charged with or for any crime or offense or has been convicted
of any crime or offense, may forthwith temporarily suspend such license
until a hearing is held by him as provided herein and the Village
Clerk shall have issued his determination thereon.
[Amended 6-18-2012 by L.L. No. 5-2012]
Any person aggrieved by the action of the Police Department or the Village Clerk in the denial of an application for a license as provided in §
178-4 of this chapter or in the decision of the Village Clerk with reference to the revocation of a license as provided for in §
178-17 of this chapter shall have the right to appeal to the Village Board of the Village of Lynbrook. Such appeal shall be taken by filing, within 30 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The criteria for Board determination is whether the Police Department and/or the Village Clerk acted properly under law. The decision and order of the Village Board on such appeal shall he final and conclusive.
[Added 6-17-2019 by L.L. No. 4-2019]
Any person not desiring peddling or solicitation upon the person's
private property may advise the Board of Trustees by written notice
objecting to any and all peddling or solicitation. Such notice shall
include the name of the person filing; the address of the property
affected; the date of the filing; a statement specifically identifying
the organizations or institutions which the person filing objects
to permitting entrance onto his private property for the purpose of
peddling or solicitation; or that all such peddling or solicitation
is objected to.
[Amended 5-4-1992 by L.L. No. 7-1992; 11-21-2011 by L.L. No.
16-2011]
A violation of any provision of this chapter
shall be punishable by a fine up to $500 for a violation and up to
$1,000 for any subsequent violation within three years.