[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 6-11-1931 by Ord. No. 9; amended in its entirety 3-1-1979 by L.L. No.
10-1979 (Ch. 29 of the 1968 Compilation). Subsequent
amendments noted where applicable.]
[Added 5-25-1978 by L.L. No. 4-1978[2]]
A.
Definitions and word usage.
(1)
CANVASS AND CANVASSER
NEWSPAPER
PEDDLE
PEDDLER
PEDDLING VEHICLE
PERSON
PRIVATE PREMISES
PUBLIC PLACES
SOLICIT
SOLICITOR
As used in this section, the following terms shall have the meanings
indicated:
Shall be considered as synonymous with the terms "solicit"
and "solicitor."
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, any periodical or
current magazine regularly published with not less than four issues
per year and sold to the public.
To go from house to house, from store to store, from place
to place or from street to street or to stand in a fixed or stationary
position, or any combination thereof, to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of Sag
Harbor other than from a fixed place of business. The word "peddle"
shall also mean any solicitation for towing, sale or offer of sale
of merchandise or services or offer of services at or near the place
of a motor vehicle accident.
Any person 16 years of age or older, or any company that
peddles, as herein defined, whether directly or indirectly and whether
in person or through another person or employee. The word "peddler"
shall include a hawker and a huckster.
A vehicle, as defined in the Vehicle and Traffic Law of the
State of New York, particularly designed or used for the sale at the
vehicle of food, beverages, ice cream and other items intended for
human consumption or for the sale of merchandise at the vehicle or
for services rendered or to be rendered in, on or at the vehicle as,
for example, in the sharpening of tools and lawn mowers.
Any person 16 years of age or older, any firm, partnership,
association, corporation, company or organization of any kind or any
combination thereof.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited, temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging to or appurtenant to such dwelling,
house, building or other structure.
Any and all streets, boulevards, avenues, lanes, alleys or
other public ways and any and all public parks, squares, spaces, plazas,
grounds and buildings.
To go from house to house, street to street, place to place
or from store to store, to sell or take orders for goods, wares, merchandise
or provisions for future delivery or for services performed or for
information to be obtained or to distribute advertising matter or
for the purpose of obtaining contributions of money or of goods, wares
or provisions at any place within the Village of Sag Harbor.
Any person 16 years of age or older, or any company that
solicits, as herein defined, whether directly or indirectly and whether
in person or through another person or employee. The word "solicitor"
shall also include a canvasser.
(2)
Words singular in form may include the plural, and any words plural
in form may include the singular, and words in the masculine gender
shall include the feminine and neuter genders.
B.
License required; responsibility of employer.
(1)
It shall be unlawful for any person to peddle or solicit within the
Village of Sag Harbor without having first obtained a valid license
therefor, as provided hereunder.
(2)
Every employer who hires a person to peddle or solicit on his behalf
shall share the same responsibility with respect to penalties hereunder,
in the event that said person shall peddle or solicit without having
first obtained a valid license.
C.
Application for license. Applicants for a license under this section
must file with the Board of Trustees, Village of Sag Harbor, an application
in the form of a sworn affidavit, in duplicate, which shall give the
following information:
(1)
The name and description of the applicant.
(2)
The address of the applicant.
(3)
A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited.
(4)
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or offense against any municipal ordinance
or local law, the nature of the offense and the punishment or penalty
assessed therefor.
(5)
Two photographs of the applicant taken not more than 60 days prior
to the date of filing of the application, which pictures shall not
be larger than 1 1/2 by 1 1/2 inches, showing the head and
shoulders of the applicant in a clear and distinguishing manner.
(6)
For identification purposes, a statement that the applicant is a
citizen and whether citizenship was obtained by birth or naturalization
and, if by naturalization, the date and place where citizenship was
obtained. If the applicant is an alien, he must submit proof of legal
entry into the United States of America.
(7)
If the applicant is employed to peddle, solicit or canvass, the name
and address of his employer, together with credentials establishing
the precise employment relationship, shall be submitted.
(8)
In any application for a license or renewal hereunder, the applicant
shall produce a valid certificate of registration and certificate
of authority as required by the New York State Department of Taxation
and Finance.
D.
Investigation; issuance of license.
(1)
Upon receipt of the sworn application, the Village Clerk shall forward
a copy thereof to the Sag Harbor Village Police Department for an
investigation of the applicant.
(2)
If the investigation shall establish that the applicant has a police
record, the Sag Harbor Village Police Department shall attach a copy
thereof to the application and return both to the Board of Trustees.
If no police record is found, a statement to this effect shall be
attached to the application, in lieu of the police record.
(3)
If the investigation shall satisfy the Board of Trustees that the
applicant is a fit and proper person to hold a peddler's license,
the application shall be favorably received; otherwise it shall be
denied.
(4)
Upon the return of an application and approval by the Board of Trustees,
the Village Clerk shall prepare and issue to the applicant his license
and tag. The license shall contain the seal of the Village, the signature
of the issuing officer, the name, address and photograph of the licensee,
the kind of goods to be peddled or solicited thereunder or the purpose
of the license, the amount of fee paid, the license number, the date
of issuance and date of expiration of such license, as well as the
state license number or other identifying description of the vehicle,
if for a vehicular license.
(5)
No license shall be issued by the Village Clerk unless all conditions
imposed by this chapter are fully complied with to the satisfaction
of the Board of Trustees.
(6)
No license shall be issued by the Village Clerk to any minor under
16 years of age.
(7)
The Village Clerk shall keep a record of all licenses issued.
E.
Other licenses, permits and certificates; signs.
(1)
If the applicant for a peddler's or solicitor's license
uses scales or measures in his business, he shall also file with his
application for a license a certificate issued by the Suffolk County
Department of Consumer Affairs, Weights and Measures Division, that
his scales or measures have been tested and sealed.
(2)
If the applicant for a license is to handle food in any form, he
will be required to submit with his application evidence that he has
complied with the provisions of the Suffolk County Department of Health
Services.
(3)
Any person or any employee of any organization who is required to
be registered with the New York State Department of Social Services,
under the provision of the Social Services Law of the State of New
York relating to the solicitation and collection of funds for charitable
purposes, must exhibit evidence of this registration to the satisfaction
of the Board of Trustees.
(4)
Every peddling vehicle licensed pursuant to this section shall be
equipped in the front and rear with a sign inscribed with the legend
"Caution. Watch out for children."
F.
Fees; exemption for veterans.
(1)
For each person proposing to peddle or solicit, whether on foot,
from a licensed vehicle or otherwise, the annual fee shall be $50.
(2)
For each vehicle not exceeding a gross weight of 5,000 pounds, the
annual fee shall be $25; for each additional 1,000 pounds or major
fraction thereof, the annual fee shall be $25 up to a maximum annual
fee of $100.
(3)
In the event of the loss or destruction of any personal or vehicle
license certificate, license plate or license badge issued pursuant
to this section, the certificate, plate or badge may be replaced by
application therefor to the Village Clerk, together with the return
of the accompanying certificate, plate or badge, where feasible, and
the payment of a fee of $10.
(4)
For each vehicle substituted or replaced by another vehicle, the
fee shall be $10.
(5)
The annual fees herein provided for shall be assessed and paid annually
on a calendar-year basis. All licenses issued pursuant to this section
shall expire on the last day of December next following the date of
issuance. No reduction or allowance shall be made in fees for licenses
issued for a fractional part of the year.
(6)
Annual fees shall include the fee for the application for a license
and shall not be refundable in the event the application is denied.
(7)
Any honorably discharged veteran of the armed services of the United
States who has obtained a veteran's license from the Suffolk
County Clerk to hawk, peddle, vend or solicit trade pursuant to law
shall be exempt from the provisions of this section. In lieu of a
license and license plate, as prescribed herein, the Village Clerk,
upon approval of the veteran's application, will issue a badge
and permit to said veteran to peddle or solicit within the Village
of Sag Harbor subject to all other provisions of this section. In
addition to the issuance thereof, said permit number and other pertinent
information shall be stamped in ink on the county license. If the
veteran uses a commercial or suburban vehicle in his trade, the Village
Clerk shall issue, at no fee to the veteran, a metal or plastic license
plate similar to that hereinabove prescribed, with the addition of
the word "veteran" on the plate. This plate will be issued only if
the vehicle is registered in the name of and operated by the veteran.
If the veteran operates more than one vehicle in his trade, then each
vehicle in excess of one shall be licensed upon payment of the proper
fee as herein prescribed.
G.
License plates and badges; issuance; form; display; transferability.
(1)
To each person licensed pursuant to this section, the Village Clerk
shall issue a badge made of durable material which shall bear the
word "peddler" or "solicitor," the number of the license and the calendar
year for which it was issued in characters or figures which are permanent
or plainly discernible. The badge shall be worn constantly by the
licensee on his outer garment in such a way as to be conspicuous during
the time the licensee is peddling or soliciting for the purpose for
which he has been licensed.
(2)
For each vehicle licensed pursuant to this section, the Village Clerk
shall issue a license made of durable material which shall bear the
word "peddler," the number of the license and the calendar year for
which the license is issued, in character or figures which are permanent
or plainly discernible. The license plate shall be attached to the
rear of each vehicle in a conspicuous place and shall be kept clear
and readable at all times.
(3)
No license, license plate or badge issued pursuant to the provisions
of this section may be transferred from one person to another person
or from one vehicle to another vehicle, nor shall the badge so issued
be used or worn at any time by any person other than the one to whom
it was issued.
(4)
Every peddler or solicitor licensed pursuant to this section shall
have his license in his immediate possession at all times when peddling
or soliciting and shall display same upon the demand of any person.
H.
Persons and activities exempt from the application of this section.
(1)
With the exception of § 197-1K(2), in relation to the time of day soliciting is permitted, this section shall not apply to duly organized religious corporations and religious agencies, educational institutions, fraternal, patriotic, social and alumni organizations and others mentioned as exempt from the provisions of Article 10-A of the Social Services Law regarding the registration of a charitable organization with the State Department of Social Services, nor to any political organization or any division, branch, part or representative thereof.
(2)
This section shall not apply to persons engaged in the distribution
of a newspaper published at stated intervals for the purpose of conveying
news to its subscribers or buyers.
(3)
The provisions of this section, including those which relate to the
time of day that soliciting is permitted, shall not apply to agents
or personnel representing any private or public utility or transportation
corporations incorporated under the laws of the State of New York.
(4)
This section shall not apply to any person who keeps, maintains or
operates a store, market, shop or similar permanent place of business
whereby he operates, runs or uses a cart, wagon, truck or other vehicle
for the purpose of making deliveries of goods, wares, merchandise
or provisions bought or ordered at his place of business, nor to any
person solely engaged in the business of delivering goods, wares,
merchandise or provisions for or on behalf of one or more places of
business.
I.
Registration with state; record. Any person required by the provisions
of Article 10-A of the Social Services Law of the State of New York
to register with the State Department of Social Services must, whether
or not otherwise required to be licensed under the provisions of this
section, exhibit to the Board of Trustees evidence of the registration.
The Village Clerk shall keep a record of all persons intending to
solicit within the Village of Sag Harbor who have registered under
Article 10-A of the Social Services Law, along with a description
of the activities for which they have so registered.
J.
Restrictions on use of public ways; determination of police officers.
(1)
It shall be unlawful for any peddler or solicitor to have any exclusive
right to any location in any street or on any public property in accordance
with the following prohibitions:
(a)
It shall be unlawful for any person to solicit or peddle within
200 feet of any place used or occupied as or for the purpose of a
public or private school or to permit his cart, wagon or vehicle to
stand on any street or public place within 200 feet of such school
property.
(b)
A peddler or solicitor shall not be permitted to stand in one
place for more than 15 minutes.
(c)
A peddler or solicitor shall not be permitted to stop within
200 feet of a previous stop.
(d)
A peddler or solicitor shall not be permitted to peddle or solicit
in any congested area where his operation might impede pedestrian
or vehicular traffic.
(e)
It shall be unlawful for any peddler or solicitor to peddle
or solicit any business whatsoever at the scene of an accident involving
one or more motor vehicles within the Village of Sag Harbor.
(2)
For the purpose of this section, the judgment of any peace officer
or police officer exercised in good faith shall be deemed conclusive
as to the existence of congestion and as to whether there is any impediment
of pedestrian or vehicular traffic.
K.
Prohibitions.
(1)
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting except upon the express
invitation or permission of the owner, occupant or lessee.
(2)
It shall be unlawful for any person to enter upon private property
for the purpose of peddling or soliciting before the hour of 9:00
a.m., prevailing time, or after 1/2 hour before sunset or 7:00 p.m.,
prevailing time, whichever is earlier, on any day of the week, except
at the express invitation of the owner or occupant.
L.
Revocation of license.
(1)
Licenses issued under the provisions of this section 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)
Fraud, misrepresentation or false statement made in the course
of carrying on his business as a peddler or solicitor.
(c)
Any offense against this section.
(d)
Conviction of any crime or misdemeanor involving moral turpitude.
(e)
Conducting the business of peddling in an unlawful manner or
in such a manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the inhabitants
of the Village of Sag Harbor.
(f)
The peddling of any goods or property not described in the application
for a license herein or the peddling of any goods or properties which
are dangerous or injurious to the purchaser, especially to a child.
(2)
Notice of the hearing for the revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the licensee at his last known address at least five days
prior to the date set for the hearing. The decision and order of the
Board of Trustees shall be final and conclusive.
M.
Enforcement; reports and records of offenses. It shall be the duty
of all duly authorized peace officers and of any police officer of
the Village of Sag Harbor to enforce the provisions of this section,
to make arrests or issue appearance tickets or other legal process
for offenses against the provisions of this section and to report
to the Board of Trustees all offenses observed, whether or not any
criminal prosecution is based thereon. The Board of Trustees shall
record all reports of offenses and convictions for offenses against
this section.
[Amended 5-25-1978 by L.L. No. 4-1978; 8-8-2017 by L.L. No. 11-2017]
A.
All persons in violation of § 197-1B(1) of this Chapter 197 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
(1)
Upon failure of a person to appear or answer on or before the return
period or any subsequent adjourned date, such person shall be subject
to the following surcharges, in addition to the prescribed fines:
(a)
If the aforementioned fine shall not be paid within 15 days
from the date summons was issued, a late penalty equal to 1/2 the
original fine shall be added to the fine; and
(b)
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
(c)
If the fine is still not paid within 90 days from the date the
summons was issued, an additional penalty of $100 shall be added to
all other fines and penalties previously assessed.
B.
Any person, firm or corporation violating any other provisions of
this chapter shall, upon conviction thereof, be subject to a fine
not exceeding the sum of $250 for any offense, and each day that a
violation continues shall be deemed to constitute a separate offense.
