[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.]
GENERAL REFERENCES
Fees and deposits — See Ch. 60.
Noise — See Ch. 106.
[Added 8-21-2002 by L.L. No. 4-2002]
As used in this chapter, the following terms shall have the meanings indicated:
CLERK
The Village Clerk of the Village.
PEDDLING
Shall include:
A. 
The selling or offering for sale or soliciting orders for the sale of any goods, wares, or merchandise.
B. 
The soliciting for subscriptions for any book, publication, paper, magazine, or periodical.
C. 
The seeking of employment or the soliciting of orders for work, labor, or services, whether to be performed within or without the Village.
PERSON
Any individual, organization, society, association, company, corporation, or other business entity, or their agents or representatives.
VILLAGE
Village of Roslyn Estates.
[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:
(a) 
The license plate number, make, model, and color.
(b) 
The identifying name or writing on the outside of such vehicle, if any.
(c) 
A copy of the registration.
(d) 
Proof of insurance.
(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:
A. 
Fraud, misrepresentation or false statement contained in the application for license.
B. 
Violation of any of the restrictions imposed on the issuance of such license, or on the conduct of any solicitation so licensed.
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.