[HISTORY: Adopted by the Board of Trustees of the Village
of Green Island 4-18-2011 by L.L. No. 2-2011.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 120,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.
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.
A.
Any solicitation made upon premises owned or occupied by an organization
upon whose behalf the solicitation is made;
B.
Any communication by an organization soliciting contributions solely
from persons who are members of the organization at the time of such
solicitation;
C.
Any solicitation in the form of a collection at a regular meeting,
assembly or service of a charitable organization;
D.
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
A.
No person under the age of 18 shall be permitted to engage in peddling
except as provided in this section.
B.
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.
C.
The sponsor shall be responsible for supervising and controlling
the conduct of all persons, including juveniles, peddling under the
sponsor's permit.
D.
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.
E.
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:
A.
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;
B.
A brief description of the business or activity to be conducted;
C.
The hours and location for which the right to peddle or solicit is
desired;
D.
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;
E.
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
F.
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.
A.
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.
B.
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.
C.
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.
D.
A record of all permits issued shall be maintained by the Village
Clerk for a period of two years.
A.
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:
(1)
The location and time of solicitation or peddling would endanger
the safety and welfare of the solicitors, peddlers or their customers;
(2)
An investigation reveals that the applicant falsified information
on the application;
(3)
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;
(4)
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;
(5)
There is no proof as to the authority of the applicant to serve as
an agent to the principal; or
(6)
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.
B.
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.
A.
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.
B.
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:
A.
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
B.
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:
A.
Fraud, misrepresentation or false statement contained in the application
for a permit;
B.
Fraud, misrepresentation or false statement made by the permittee
in the course of conducting solicitation or peddling activities;
C.
Conducting peddling or solicitation activities contrary to the provisions
contained in the permit;
D.
Conviction for any crime involving moral turpitude; or
E.
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.
A.
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.
B.
An appeal shall be taken by filing with the Village Clerk a written
statement setting forth the grounds for the appeal.
C.
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.
D.
A hearing shall be set not later than 20 days from the date of receipt
of the appellant's written statement.
E.
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.
F.
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.
A.
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.
B.
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.
