[HISTORY: Adopted by the Board of Trustees of the Village of Green Island 4-18-2011 by L.L. No. 2-2011. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 120, Peddling and Soliciting, adopted 10-27-1975 by L.L. No. 1-1975, as amended.
This chapter is enacted to protect against criminal activity, including fraud and burglary, minimize the unwelcome disturbance of citizens and the disruption of privacy and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing door-to-door solicitors and peddlers.
The following words, terms, and phrases, and their derivations, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- Any person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident, for the primary purpose of attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue, or candidate, even if, incidental to such purpose, the canvasser accepts the donation of money for or against such cause; or distributing a handbill or flyer advertising a noncommercial event or service.
- Includes the words "patriotic," "philanthropic," "social service," "health," "welfare," "benevolent," "educational," "civic," "cultural" or "fraternal," either actual or purported.
- Includes the words "alms," "money," "subscription," "property" or any donations under the guise of a loan or money or property.
- Any person who goes upon the premises of any private residence in the Village, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter. A peddler does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good, or service that is offered to a resident for purchase at a location away from his/her residence or at a time different from the time of visit.
- Includes all activities ordinarily performed by a peddler as indicated under the definition of "peddler" of this section.
- A natural person or any firm, corporation, association, club, society or other organization.
- Includes all activities ordinarily performed by a solicitor as indicated under the definition of "solicitor" of this section.
- Any person who goes upon the premises of any private residence in the Village, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious, or other noncommercial purposes.
- VILLAGE CLERK
- The Clerk of the Village of Green Island.
It shall be unlawful for any person 18 years of age or older to engage in peddling or solicitation activities within the Village of Green Island without first obtaining a permit issued by the Village Clerk; provided, however, that the following are exempted from the provisions of this section.
Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;
Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation;
Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable organization;
Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary; or
No person under the age of 18 shall be permitted to engage in peddling except as provided in this section.
A permit shall be obtained by a sponsoring person, company or organization for the conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one or more persons under 18 years of age.
The sponsor shall be responsible for supervising and controlling the conduct of all persons, including juveniles, peddling under the sponsor's permit.
The sponsor shall provide to each individual in its sales force a badge, or other easily readable form of identification, which identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to wear such identification so that it is clearly visible at all times when the individuals are peddling or soliciting.
The sponsor shall comply with the requirements of the State of New York Department of Labor.
Every person subject to the provisions of this chapter shall file with the Village Clerk an application, in writing, on a form to be furnished by the Village Clerk, which shall provide the following information:
Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation (for sponsors), or other legally recognized form of identification;
A brief description of the business or activity to be conducted;
The hours and location for which the right to peddle or solicit is desired;
If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or local law violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof; and
Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.
At the time the application is filed with the Village Clerk, the applicant shall pay a fee to cover the cost to the Village of processing the application and investigating the facts stated therein. The permit fee shall be $150 for each solicitor or peddler.
All solicitors requiring cash deposits or taking orders for cash on delivery purchases (COD) or who require a contract of agreement to finance the sale of any goods, services, or merchandise for future delivery, or for services to be performed in the future, shall furnish to the Village Clerk a bond in the amount of $5,000.
Upon receipt of an application, the Village Clerk, or authorized representative, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
If the Village Clerk finds the application to be satisfactory, the Clerk shall endorse his/her approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant.
The permit shall show the name, address and photograph of the permittee, the class of permit issued, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued.
A record of all permits issued shall be maintained by the Village Clerk for a period of two years.
Upon the Village Clerk's review of the application, the Village Clerk may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers;
An investigation reveals that the applicant falsified information on the application;
The applicant has been convicted of a felony, misdemeanor or local law violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property, such conviction being entered within the five years preceding the date of the application;
The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five years immediately preceding the date of application;
There is no proof as to the authority of the applicant to serve as an agent to the principal; or
The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Village Clerk that the reasons for such earlier denial no longer exist.
The Village Clerk's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his/her application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
All permits issued under the provisions of this chapter shall expire one year from the date of issuance, unless an earlier expiration date is noted on the permit.
When the Village Clerk shall issue a permit, such permit shall be carried by the permittee while the permittee is soliciting or peddling in the Village.
A canvasser, otherwise exempt from the provisions of this article, may request the issuance of a permit from the Village for the purpose of assuring Village residents of the canvasser's good faith.
Every person required to obtain a permit under the provisions of this chapter shall exhibit the permit when requested to do so by any prospective customer or Village employee.
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a canvasser, peddler, or solicitor, to enter upon any residential premises in the Village where the owner, occupant or person legally in charge of the premises has:
Posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import; or
Filed a "no solicitation registration form" with the Village on a form furnished by the Village for that purpose. The Village will maintain a No Solicitation List of those persons who wish to restrict solicitation on their property by canvassers, peddlers, and solicitors. The No Solicitation List shall be a public document and a copy of the list shall be provided to each recipient of a permit to engage in solicitation. If a canvasser chooses not to apply for an identification card, it will be the responsibility of that canvasser to obtain a copy of the "No Solicitation" list.
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 9:00 a.m.
Any permit issued under this chapter may be revoked or suspended by the Village Clerk, after notice and hearing, for any of the following reasons:
Fraud, misrepresentation or false statement contained in the application for a permit;
Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities;
Conducting peddling or solicitation activities contrary to the provisions contained in the permit;
Conviction for any crime involving moral turpitude; or
Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under this chapter shall be provided, in writing, and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
Any person aggrieved by the action or decision of the Village Clerk to deny, suspend or revoke a permit applied for under the provisions of this chapter shall have the right to appeal such action or decision to the Mayor within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application form, or to his last known address.
An appeal shall be taken by filing with the Village Clerk a written statement setting forth the grounds for the appeal.
The Village Clerk shall transmit the written statement to the Mayor within 10 days of its receipt, and the Mayor shall set a time and place for a hearing on the appeal.
A hearing shall be set not later than 20 days from the date of receipt of the appellant's written statement.
Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
The decision of the Mayor on the appeal shall be final and binding on all parties concerned.
Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee, shall cite to the Village Clerk the statute or other legal authority under which exemption is claimed and shall present to the Village Clerk proof of qualification for such exemption.
Violation of any of the provisions of this chapter shall be treated as an infraction, and shall, upon conviction, be punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Each day that such violation shall continue shall constitute a separate offense.
In addition to any criminal enforcement, the Village or any individual may pursue any available civil remedies deemed appropriate and necessary.
The provisions of this chapter are declared to be severable. If any section, sentence, clause, or phrase of the chapter shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect; it being the legislative intent that this chapter shall remain in effect notwithstanding the invalidity of any part.
This chapter shall take effect upon filing in the office of the Secretary of State.