[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 1-6-1992 by L.L. No. 2-1992.
Amendments noted where applicable.]
[Added 8-21-2002 by L.L. No. 4-2002]
As used in this chapter, the following terms
shall have the meanings indicated:
The Village Clerk of the Village.
Shall include:
The selling or offering for sale or soliciting
orders for the sale of any goods, wares, or merchandise.
The soliciting for subscriptions for any book,
publication, paper, magazine, or periodical.
The seeking of employment or the soliciting
of orders for work, labor, or services, whether to be performed within
or without the Village.
Any individual, organization, society, association, company,
corporation, or other business entity, or their agents or representatives.
Village of Roslyn Estates.
[Amended 8-21-2002 by L.L. No. 4-2002]
It shall be unlawful for any person to peddle
by going from house to house upon private property within the Village.
[Amended 8-21-2002 by L.L. No. 4-2002]
It shall be unlawful for any person to peddle
upon the streets or in any other public places, or in the offices
of business buildings within the Village without a license issued
pursuant to this chapter.
[Amended 8-21-2002 by L.L. No. 4-2002]
A.
It shall be unlawful for any person to employ any
trick or device or by any false or misleading statement or representation
to obtain or to attempt to obtain admission to the house, garage,
or other building of any person within the Village for the purpose
of peddling.
B.
Applications for licenses to peddle within the Village
shall be in writing, addressed to the Village Clerk, and shall contain
the following information:
(1)
The purpose of the application.
(2)
The name, street address, telephone number, fax number
(if any), and e-mail address (if any), and Social Security number
or Federal Employment Identification number of the person seeking
such permission.
(3)
The name, street address, telephone number, fax number
(if any), and e-mail address (if any), of each of the individuals
who will be peddling under the license.
(4)
A copy of the driver's license of each of the individuals
who will be peddling under the license.
(5)
An abstract of the driving record within New York
State, for the immediately prior four years, of each of the individuals
who will be peddling under the license.
(6)
A current (within one month) record review from the
New York State Division of Criminal Justice Services of each of the
individuals who will be peddling under the license.
(7)
A list of all of the motor vehicles which may be within
the Village as a part of the peddling, including, as to each of such
vehicle:
(8)
The dates and times when the peddling will be conducted.
(9)
If the peddling shall be of ice cream or other food
served within the Village, documentary proof of such licenses or other
permits, as may be required by the Nassau County Department of Health.
(10)
Such other information as from time to time
the Board of Trustees may require.
C.
All applications must be accompanied by a processing
fee as established from time to time by resolution of the Board of
Trustees.
[Amended 6-1-2009 by L.L. No. 1-2009]
D.
Upon receiving such application, the Clerk shall present
the same to the Board of Trustees at its next regular meeting. The
Board of Trustees shall approve the application of all applicants
who have complied with the above provisions and, for those individuals
who will be operating motor vehicles, whose driving records, in the
discretion of the Board of Trustees, do not indicate that they may
represent a risk to the Village, and who have not previously been
found to have violated the terms of a prior peddler's license within
the Village, or of any of the other the provisions of this chapter.
E.
Any license approval granted by the Board of Trustees
is subject to the following restrictions:
(1)
All peddling, with the exception of vendors of ice
cream and other dessert-type foods, which are sold directly from the
motor vehicle from which the peddling is taking place, must be conducted
between the hours of 9:00 a.m. and 5:00 p.m., Mondays through Fridays,
only.
(2)
All peddling by vendors of ice cream and other dessert-type
foods, which are sold directly from the motor vehicle from which the
peddling is taking place, during daylight saving time, must be conducted
between the hours of 9:00 a.m. and 8:30 p.m., Mondays through Fridays,
and 11:00 a.m. and 8:30 p.m., Saturdays and Sundays, and, at all other
times, must be conducted between the hours of 9:00 a.m. and 5:00 p.m.,
Mondays through Fridays, and 11:00 a.m. and 5:00 p.m., Saturdays and
Sundays.
[Amended 9-30-2002 by L.L. No. 8-2002]
(3)
No license issued under the provisions of this chapter
shall extend for a term of more than six months. At the expiration
of the term of any such license, the applicant may apply for a new
license.
(4)
Each individual peddling within the Village, at all
times during the course of such peddling, shall prominently wear an
identification tag with his or her name, the name of the applicant
for the license, and the term (including the expiration date) of the
license, in clearly legible lettering, as approved by the Village
Clerk.
(5)
Each vehicle within the Village, at all times during
the course of such peddling, shall prominently display by the right
side of the front windshield, in a safe location, which does not obstruct
the driver's visibility, a copy of the license issued by the Village
Clerk.
(6)
Each vehicle within the Village, at all times during
the course of such peddling, when stopped on any public street, other
than momentarily at a stop sign, shall turn on its emergency hazard
lights, or such other equivalent blinking lights with which the vehicle
may be equipped, in both the front and in the rear of the vehicle.
F.
Any license issued hereunder may be revoked by the
Board of Trustees, upon a showing that the applicant, or any individual
acting on its behalf, was not true, accurate, and complete in its
application or in its statements to the Board of Trustees, or that
the applicant, or any individual acting on its behalf, has violated
any of the restrictions of the license or any of the other provisions
of this chapter, or has operated a motor vehicle within the Village
in an unsafe manner. In the event of any such revocation, the applicant
shall be entitled to receive notice and to be heard, with counsel,
as to why the license should not be revoked.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No. 1-2009; 2-7-2011 by L.L. No. 1-2011]
A.
It shall
be unlawful for any person to proselytize, canvass, or distribute
handbills, pamphlets, or other written material, or to solicit donations
or contributions of money, property or financial assistance of any
kind, upon the streets, in the offices of business buildings, upon
private property by house-to-house canvass, or in public places in
the Village, except on Mondays through Fridays, excluding holidays,
between the hours of 9:00 a.m. and 9:00 p.m. and on Saturdays, Sundays,
and holidays between the hours of 11:00 a.m. and 5:00 p.m.
B.
Notwithstanding
the foregoing, it shall be unlawful at all times for any person to
enter upon the premises of any Village resident to proselytize, canvass,
or distribute handbills, pamphlets, or other written material, or
to solicit donations or contributions of money, property, or financial
assistance of any kind, when such resident has posted a "no solicitation"
sign or has otherwise provided notice to such person of such objection.
Any and all licenses which may be granted by
the Board of Trustees pursuant to any part of this chapter may, for
cause, be suspended by the Mayor and may be revoked by the Board of
Trustees after notice and hearing for any of the following causes:
The Village shall maintain a list of residents
within the Village who have expressed a desire not to be visited by
any person, organization, society, association, company or corporation
or their agents or representatives for the purpose of proselytizing,
canvassing or distributing handbills, pamphlets, or other written
material or soliciting donations or contributions of other written
material or soliciting donations or contributions of money or property
or financial assistance of any kind. The list of residents choosing
not to permit entry of such persons upon their premises shall be updated
at least every two years and shall permit residents to distinguish
between political, charitable, religious and other organizations.
Upon the issuance of any license hereunder, any person, organization,
society, association, company or corporation shall be provided with
a copy of the list of the Village residents who have expressed a desire,
in writing, not to have the category of such person, organization,
society, association, company or corporation, or their agents or representatives,
enter upon their property. Every organization, society, association,
company or corporation licensed under this chapter shall agree not
to visit the premises so enumerated in the list provided to it by
the Village.
This chapter shall not apply to any person,
corporation, firm or entity or to the agents of such who have been
granted a franchise by the Village; provided, however, that any solicitation
performed by or on behalf of such franchisee is directly related to
the subject of the franchise granted to such franchisee in the agreement
between the franchisee and the Village.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No. 7-2013]
Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation hereof. Each
and every day that any such violation or failure occurs or continues
shall constitute a separate violation. Any person, entity, organization,
society, association, company or corporation who or which commits,
or takes part or assists in committing, any such violation shall be
punishable as follows: for a conviction of a first offense, by a fine
of not more than $250 or imprisonment for a period not to exceed 15
days, or both such fine and imprisonment; for a conviction of a second
offense, both of which were committed within a period of five years,
by a fine of not less than $250 nor more than $500 or imprisonment
for a period not to exceed 15 days, or both such fine and imprisonment;
and for a conviction of a third or subsequent offense, all of which
were committed within a period of five years, by a fine of not less
than $500 nor more than $1,000 or imprisonment for a period not to
exceed 15 days, or both such fine and imprisonment.
