The Board of Trustees recognizes that, while door-to door hawking,
peddling and solicitation is a form of expression that is entitled
to First Amendment protection, the Village of Asharoken has a substantial
governmental interest in seeking to protect the well-being, tranquility
and privacy of the home and the safety of its residents. The Board
of Trustees finds that in order to advance this governmental interest,
reasonable regulations on hawking, peddling and soliciting are necessary.
Any person, organization, society, association, company or corporation,
or their agents or representatives, who violates any section of this
chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be punished by a fine not to exceed $500 for the first
violation, and by a fine not less than $500 nor more than $750 for
a second violation, and by a fine not less than $750 nor more than
$1,000 or by imprisonment for a period not to exceed 15 days, or both,
for a third or succeeding violations.
If any section, subsection, clause, phrase or other portion
of this article is, for any reason, declared invalid, in whole or
in part, by any court, agency, commission, legislative body or other
authority of competent jurisdiction, such portion shall be deemed
a separate distinct and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.