[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Placid as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-1-1993 by L.L. No. 4-1993]
As used in this article, the following terms shall have the
meanings indicated:
Any person traveling by foot, wagon or automotive vehicle
from street to street, house to house or place to place, carrying
or transporting food products, beverages, dairy products and ice cream
offering same for sale; except persons engaged in the peddling of
meats, fish, fruit and farm produce by farmers and persons who produce
such commodities.
Any business conducted in an open lot, from a stationary
motor vehicle, car, truck, tent, wagon, cart, public room or any temporary
structure for the exhibit and sale of food, food products, beverages,
dairy products and ice cream to the public.
It shall be unlawful to engage in any transient business or
for hawkers and peddlers to engage in business in the Village of Lake
Placid without a license issued by the Village of Lake Placid and
then only in compliance with the provisions of this article.
Licenses shall be issued by the Code Enforcement Officer of
the Village of Lake Placid upon a determination that the applicant
is fit and proper, that all conditions of licensing have been complied
with, that the operation of the business shall not be likely to disturb
the peace and order of the Village or be immoral, illegal or improper
and upon payment of the applicable fee.
Proof of Department of Health approval and any other required
approval shall be presented at the time of application as well as
proof of insurance naming the Village of Lake Placid as additional
insured in an amount and form as determined to be adequate and appropriate
by the Village Board.
Each licensee licensed under the article shall operate the licensed
business so as not to block vehicular or pedestrian movement or access
and shall provide a trash receptacle. All trash, debris, food, equipment,
carts, vehicles shall be removed each day at the end of business.
Any applicant denied a license by the Code Enforcement Officer
may appeal to the Village Board by written appeal within 30 days of
denial by the Code Enforcement Officer.
Any violation of this article shall be punishable by fine in
the amount of $250. Each day that the violation continues shall be
deemed an additional violation. The Code Enforcement Officer and the
Village of Lake Placid Police Department shall be empowered to enforce
the terms of this article by issuing appearance tickets to any person
alleged to be in violation of this article.
[Adopted 11-6-2006 by L.L. No. 6-2006]
This legislation is adopted in order to protect persons from
threatening, intimidating or harassing behavior, to keep public places
safe and attractive for use by all members of the community and to
maintain and preserve public places where all of the community can
interact in a peaceful manner. This legislation is also intended to
provide for the free flow of pedestrian and vehicular traffic on streets
and sidewalks in the Village of Lake Placid to promote tourism and
business and preserve the quality of life. The Village Board finds
that aggressive acts associated with solicitation tend to interfere
with the free flow of pedestrian and vehicular traffic and intimidate
persons in public places, and can lead to disruption and disorder
in public places. Aggressive acts can also cause persons to avoid
public places and lead to declining patronage of commercial establishments
and tourism. The Village Board further finds that solicitation in
certain public places is inconsistent with the use of those places,
is inherently intimidating, targets persons who are captive audiences
or constitutes an invasion of privacy as persons are not able to simply
move on if they do not wish to speak to the person soliciting. Solicitation
in proximity to bank entrances or check-cashing businesses or automated
teller machines is inherently intimidating and should be restricted.
By this legislation, the Village Board intends to promote the health,
safety and welfare of the citizens and visitors to the Village of
Lake Placid.
Whenever the following words and phrases are used in this section,
they shall have the following meanings:
Intentionally or recklessly making any physical contact with
or touching another person in the course of solicitation, or approaching
within an arm's length of the person, except with the person's
consent;
Following the person being solicited, if that conduct is:
Continuing to solicit within five feet of the person being solicited
after the person has made a negative response, if continuing the solicitation
is:
Intentionally or recklessly blocking safe or free passage of
the person being solicited or requiring the person, or the driver
of the vehicle to take evasive action to avoid physical contact with
the person making the solicitation;
Intentionally or recklessly using words:
Approaching the person being solicited in a manner that is:
A device, linked to a financial institution's account
records, which is able to carry out transactions, including, but not
limited to, account transfers, deposits, cash withdrawals, balance
inquiries, and mortgage and loan payments.
The area composed of one or more automated teller machines,
and any adjacent space which is made available to banking customers
after regular banking hours.
All banks, trust companies, private bankers, savings banks,
industrial banks, safe deposit companies, savings and loan associations,
credit unions and investment companies as defined in § 2
of the New York State Banking Law.
Any individual, partnership, unincorporated association or
corporation duly licensed by the New York State Superintendent of
Banks to engage in business pursuant to the provisions of Article
IX-a of the New York State Banking Law.
Any area or building owned, leased, operated or controlled
by or on behalf of any government, municipality, public authority
or public corporation in the Village of Lake Placid which is generally
accessible to the public, including, but not limited to, any street,
including the sidewalk portion thereof, park, playground, recreation
area, cemetery, school or school grounds, building, facility, driveway,
parking lot or parking garage, and the doorways and entrances to buildings
and dwellings.
Includes, without limitation, the spoken, written, or printed
word or such other acts or bodily gestures as are conducted in furtherance
of the purposes of immediately obtaining money or any other thing
of value.
A.
No person shall solicit prior to sunrise or following sunset.
B.
No person shall solicit in an aggressive manner in a public place.
C.
No person shall solicit within 20 feet of an automated teller machine
or an entrance or exit of an automated teller machine facility during
the time the automated teller machine is available for customer use;
or within 20 feet of an entrance or exit to a banking organization
or licensed casher of checks during its business hours.
D.
No person shall solicit when either the person soliciting or the
person being solicited is in a bus shelter or at a bus stop.
E.
No person shall solicit in a parking lot.
F.
No person on a sidewalk or alongside a roadway shall solicit from
any occupant of a motor vehicle that is on a street or other public
place.
A violation of this section shall be a "violation" as that term
is defined in the Penal Law. A person convicted of violating this
section shall be fined not less than $25 nor more than $250, and,
in addition, for a second conviction within 12 months of a preceding
conviction, may be imprisoned for a term not longer than 15 days.
In lieu of a fine, the court may impose an appropriate alternative
sentence; provided, however, that an alternative sentence shall not
be an unconditional discharge.
Any arrest or conviction under this article shall be disclosed
to government social service agencies who request notification of
such events.
