[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 12-26-1979 by L.L. No. 13-1979 (Ch. 29 of the 1965
Code). Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the distribution
of certain materials, peddling, soliciting and related activities
within the Village of Sleepy Hollow. The registration of persons engaged
in the above-mentioned activities is required so that the identity
of persons going door to door or distributing materials within the
Village may be established, the rights of legitimate businesses may
be protected, general regulations may be more effectively enforced,
the health, safety and welfare of the inhabitants of the Village may
be protected and maintained and dishonest business practices and dishonest
solicitation of funds in the Village may be prevented.
For the purpose of this chapter, the following words, as used
herein, shall be considered to have the meanings herein ascribed thereto:
A building or store in which a person transacts business
and deals in the goods, wares and merchandise he hawks, peddles or
solicits.
Except as hereinafter expressly provided, any person, either
principal or agent, who, in any public street or public place, or
in an open area on private property adjacent to a public way, or by
going from house to house or place of business on foot or on or from
any animal or vehicle standing in a street, sells or barters, offers
for sale or barters or carries or exposes for sale or barter any goods,
wares or merchandise, except as hereinafter exempted.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind.
Includes any one or more of the following activities:
Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs or services of any kind, character or description whatsoever
for any kind of consideration whatsoever.
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or character.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type of publication.
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any charitable
or nonprofit association, organization or project.
[Amended 1-22-2013 by L.L. No. 1-2013]
Nothing in this chapter shall be held to apply to any sales conducted pursuant to statute or by order of any court; to any person selling personal property at wholesale to dealers in such articles; to merchants having an established place of business within the Village where there are employees for soliciting orders from customers and delivering the same; to farmers and persons who produce such commodities; to any honorably discharged member of the United States Armed Forces who has procured a license as provided by the General Business Law of the State of New York; or to persons soliciting or collecting for any bona fide charitable organization having a permanent office within a radius of 50 miles of the Village of Sleepy Hollow; or to any religious, civic, or philanthropic organization which has a tax exemption as a charitable institution, pursuant to Section 501, as amended, of the Internal Revenue Code. All persons named above shall be subject to restrictions hereinafter delineated in §§ 299-7, 299-8, 299-9, 299-10 and 299-16.
Every person desiring to engage in soliciting, hawking and peddling,
as herein defined, from persons in residences within this municipality
is hereby required to make written application for a certificate of
registration as hereinafter provided. Such certificate shall be carried
by the solicitor, hawker or peddler.
A.
Application for a certificate of registration shall be made upon
a form provided by the municipality. The applicant shall truthfully,
under penalty of perjury, state in full the information requested
on the application as follows:
(1)
Name and address of present place of residence and length of residence
at such address; also the business address if other than the present
address.
(2)
Address of place of residence during the past three years if other
than present address.
(3)
Age of applicant.
(4)
Physical description of applicant.
(5)
Name and address of the person, firm or corporation or association
by whom or which the applicant is employed or represents and the length
of time of such employment or representation.
(6)
Name and address of employer during the past three years if other
than the present employer.
(7)
Description sufficient for identification of the subject matter of
the soliciting in which the applicant will engage.
(8)
Period of time for which the certificate is applied.
(9)
Date or approximate date of the latest previous application for a
certificate under this chapter, if any.
(10)
Whether or not a certificate of registration issued to the applicant
under this chapter has ever been revoked.
(11)
Whether or not the applicant has ever been convicted of a violation
or a felony under the laws of the state or any other state or federal
law of the United States.
(12)
Whether or not the applicant or representative has ever been
denied a peddling, hawking or soliciting certificate of registration
or has had a certificate revoked; if so, from where, when and why.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.
All statements made by the applicant upon the application or in connection
therewith shall be under oath.
C.
The applicant shall submit to fingerprinting and photographing by
the Police Department of the municipality in connection with the application
for the certificate.
D.
The Chief of Police shall cause to be kept in his office an accurate
record of every application received and acted upon, together with
all other information and data pertaining thereto, and all certificates
of registration issued under the provisions of this chapter and of
the denial of applications. Applications for certificates shall be
numbered in consecutive order as filed, and every certificate issued
and any renewal thereof shall be identified with the duplicate number
of the application upon which it was issued.
E.
No certificate of registration shall be issued to any person who
has been convicted of the commission of a crime under the laws of
the state or any other state or federal law of the United States;
to any person who has been denied other permits for good cause; to
any person who has been convicted of a violation of any provisions
of this chapter; or to any person whose certificate of registration
issued hereunder has previously been revoked as herein provided or
who has a history of complaints from this or other communities.
A.
Any certificate of registration issued hereunder shall be revoked
by the Chief of Police if the holder of the certificate is convicted
of a violation of any of the provisions of this chapter or has made
a false material statement in the application or otherwise becomes
disqualified for the issuance of a certificate of registration under
the terms of this chapter. Immediately upon such revocation, written
notice thereof shall be given by the Chief of Police to the holder
of the certificate in person or by certified United States mail addressed
to his or her residence set forth in the application.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.
Immediately upon giving of such notice, the certificate of registration
shall become null and void.
C.
The certificate of registration shall state the expiration date thereof.
Every person desiring to secure the protection provided by the
regulations pertaining to soliciting, hawking and peddling contained
in this chapter shall comply with the following directions. Notice
of the determination by the occupants of giving invitation to solicitors,
hawkers or peddlers or the refusal of invitation to solicitors, hawkers
or peddlers to any residence shall be given in the following manner:
A.
A weatherproof card, approximately three inches by four inches in
size, shall be exhibited upon or near the main entrance door to the
residence, indicating the determination by the occupant and containing
the applicable words as follows: "Only Solicitors Registered in Sleepy
Hollow Invited" or "No Solicitors Invited."
B.
For the purpose of uniformity, the cards shall be provided by the
Village Clerk to persons requesting same, at the cost thereof.
[Amended 1-22-2013 by L.L. No. 1-2013]
C.
Such card so exhibited shall constitute sufficient notice to any
solicitor of the determination by the occupant of the residence of
the information contained thereon.
A.
It shall be the duty of every solicitor, hawker and peddler, upon
going onto any premises in the municipality upon which a residence
is located, first to examine the notice provided in this chapter,
if any is attached, and to be governed by the statement contained
on any notice. If the notice states "Only Solicitors Registered in
Sleepy Hollow Invited," then the solicitor, hawker or peddler not
possessing a valid certificate of registration, as herein provided,
shall immediately and peacefully depart from the premises, and if
the notice states "No Solicitors Invited," then the solicitor, hawker
or peddler, whether registered or not, shall immediately and peacefully
depart from the premises.
[Amended 1-22-2013 by L.L. No. 1-2013]
B.
Any solicitor who has gained entrance to any residence, whether invited
or not, shall immediately and peacefully depart from the premises
when requested to do so by the occupant.
It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence for the purpose of securing an audience with the occupant thereof and engaging in soliciting, hawking or peddling, as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of § 299-8 of this chapter.
[Amended 1-22-2013 by L.L. No. 1-2013]
It is hereby declared to be unlawful and shall constitute a
nuisance for any person, whether registered under this chapter or
not, to go upon any premises and ring the doorbell upon or near any
door or create any sound in any other manner calculated to attract
the attention of the occupant of such residence for the purpose of
securing an audience with the occupant thereof and engaging in soliciting,
hawking or peddling, as herein defined, prior to 9:00 a.m. or after
7:00 p.m., year round.
[Amended 1-22-2013 by L.L. No. 1-2013]
A.
Upon receipt of an application for a certificate of registration
under this chapter, the original shall be referred to the Chief of
Police of the Village of Sleepy Hollow, who shall cause such investigation
of the applicant's business and moral character to be made as
he deems necessary for the protection of the public good. If, as a
result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the Chief of Police
shall endorse on such application his disapproval and his reasons
for the same and notify the applicant that his application is disapproved
and that no certificate shall be issued. If, as a result of such investigation,
the character and business responsibility of the applicant are found
to be satisfactory, the Chief of Police shall endorse on the application
his approval and return such application to the Village Clerk who,
upon receiving payment of the prescribed fees, shall issue a certificate.
Such certificate shall contain the signature and seal of the issuing
office and shall show the name and address of said certificate holder,
the kind of goods to be sold thereunder, the amount of the fee paid,
the date of issuance and the length of time the same shall be operative.
B.
A certificate shall not be assignable. Any holder of such certificate
who permits it to be used by any other person and any person who uses
such certificate granted to any other person shall be guilty of a
violation of this chapter. Such certificate shall automatically expire
on January 1 following the date of issuance thereof, but such certificate
may provide for an earlier expiration date. No applicant to whom a
certificate has been refused or who has had a certificate which has
been revoked shall make further application until a period of at least
six months shall have elapsed since the last previous rejection or
revocation, unless he can show that the reason for such rejection
or revocation no longer exists. Every certificate holder, while exercising
his certificate, shall carry the certificate with him and shall exhibit
same upon demand to any police officer or citizen.
C.
No certificate shall be granted to a person under 18 years of age.
[Amended 8-16-1994 by L.L. No. 11-1994]
The fee for an application for certification pursuant to this chapter shall be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of Chapter 200, Fees. This application fee shall be nonrefundable and shall not be credited to any certificate fee. The fee for each certificate issued pursuant to this chapter shall be established and determined by the Board of Trustees from time to time and set forth in the fee schedule included at the end of Chapter 200, Fees.
[Amended 1-22-2013 by L.L. No. 1-2013]
Any certificate holder using a motor vehicle may employ not
more than two persons to assist in selling and delivering the wares,
but such person shall so act only while accompanying a peddler, hawker
or solicitor holding a valid certificate of registration.
[Amended 1-22-2013 by L.L. No. 1-2013]
Every vehicle used by a hawker, peddler or solicitor holding
a valid certificate of registration in or about his business shall
have the name of the certificate holder and his address plainly, distinctly
and legibly painted in letters and figures at least two inches in
height in a conspicuous place on the outside of each side of every
such vehicle, and such name and address shall be kept so painted plainly
and distinctly at all times while such vehicle is in use during the
continuance of the certificate.
[Amended 1-22-2013 by L.L. No. 1-2013]
A.
Causes. Certificates issued under the provisions of this chapter
may be revoked by the Chief of Police of the Village of Sleepy Hollow,
after notice and hearing, for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for the certificate.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as a peddler.
(3)
Any violation of this chapter.
(4)
Conviction of any crime, misdemeanor or violation of any local law
of the Village of Sleepy Hollow.
(5)
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 public.
(6)
A complaint received by the Village in violation of a "no soliciting"
sign on a private residence or business.
B.
A notice of hearing for revocation of a certificate shall be given
in writing, setting forth specifically the grounds of the complaint
and the time and place of the hearing. Such notice shall be personally
served or mailed by first class mail to the certificate holder at
his last known address at least five days prior to the date set for
the hearing.
Any person aggrieved by the action of the Chief of Police in
the denial or revocation of a certificate shall have the right of
appeal to the Board of Trustees. Such appeal shall be taken by filing
with the Board, within 10 days after the notice of revocation or denial
is mailed or served, whichever is shorter, a written statement setting
forth fully the grounds for appeal. The Board of Trustees shall set
a time and place for a hearing of such appeal, and notice of such
hearing shall be forwarded to said person at his last known residence,
as indicated in his application, by mailing such notice by first class
mail at least five days prior to the hearing. The decision of the
Board shall be final and conclusive.
[Amended 1-22-2013 by L.L. No. 1-2013]
Prior to the issuance of any certificate, the applicant shall
file with the Chief of Police a bond running to the Village in the
amount of $2,000, with good and sufficient surety, in such form as
shall be approved by the Village Attorney or his designated representative.
Said bond shall remain in force for the term of the certificate and
shall be conditioned to indemnify and pay the Village for any penalties
or costs incurred in the enforcement of any of the provisions of this
chapter and to indemnify and reimburse any purchaser of personal property
from the holder of the certificate in a sum equal to at least the
amount of any payments such purchaser may have been induced to make
through the misrepresentation as to the kind, quality or value of
the personal property, whether said misrepresentation was made by
the certificate holder or said certificate holder's agents, servants
or employees either at the time of making the sale or through any
advertisement printed or circulated with reference to such personal
property or any parts thereof.
A.
A hawker,
peddler or solicitor holding a valid certificate of registration shall:
[Amended 1-22-2013 by L.L. No. 1-2013]
(1)
Not falsely or fraudulently misrepresent the quantity or quality
of any article offered for sale or offer for sale any unwholesome,
tainted or diseased provisions or merchandise.
(2)
Keep the vehicles and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
(3)
Not stand or permit the vehicle used by him to stand in one place
in any public place, street or on a private lot adjacent to a public
street for more than 10 minutes or in front of any premises for any
time if the owner or lessee of the premises objects.
(4)
Not create or maintain any booth or stand or place any barrels, boxes,
crates or other obstructions upon any street or in an open lot adjacent
to a street or public way for the purpose of selling or exposing for
sale any goods, wares or merchandise.
B.
No peddler
shall:
[Added 10-28-1985 by L.L. No. 5-1985]
(1)
Sell from a location on private property without the issuance of
a certificate of occupancy from the Building Department of the Village
of Sleepy Hollow, and a site plan.
(2)
Peddle within 200 feet of any church or place of worship or any place
occupied exclusively as a public or private school, nor shall he or
she permit his or her vehicle, if any, to stand on any public highway
within said distance of school or church property.
(3)
Sell from any point within 500 feet of any established place of business
selling substantially similar merchandise.
(4)
Sell within the Village recreation areas without the written permission
of the Village Board of the Village of Sleepy Hollow.
(5)
Operate between the hours of 7:00 p.m. and 9:00 a.m.
[Amended 1-22-2013 by L.L. No. 1-2013]
[Amended 1-22-2013 by L.L. No. 1-2013]
All orders taken by solicitors holding a valid certificate of
registration who demand, accept or receive payment or deposit of money
in advance of final delivery shall be in writing, in duplicate, stating
the terms thereof and the amount paid in advance, and one copy shall
be given to the purchaser at the time the deposit of money is paid
to the solicitor.
[Amended 1-22-2013 by L.L. No. 1-2013]
It shall be the duty of the Chief of Police to keep a record
of all applications and of all certificates granted under the provisions
of this chapter, giving the number and date of each certificate, the
name and residence of the person holding the certificate, the amount
of the fee paid, the term of the certificate and also the date of
revocation of all certificates revoked.
[Amended 1-22-2013 by L.L. No. 1-2013]
Each violation of this chapter or of any regulation, order or
rule promulgated hereunder shall be punishable by a fine not exceeding
$500 for each offense, and each day a violation continues shall constitute
a separate offense.
