[Adopted 6-3-1931 (Ch. 23, Art. I, of the 1972 Code)]
As used in this article, the following terms shall have the
meanings indicated:
HAWKING OR PEDDLING
Engaging in either:
A.
The business of selling or attempting to sell or soliciting
orders for the sale of any property or any services by going from
house to house, place of business to place of business or any combination
thereof; or
B.
Soliciting contributions for any person, organization, entity
or any other purpose by going from house to house, place of business
to place of business or any combination thereof.
Hawking and peddling through or in the streets, highways or
public places of or in the Incorporated Village of Malverne without
a permit is prohibited. Such permit shall be for one year from the
date thereof and may be issued by the Mayor, who is hereby empowered
to issue such permit to the person applying therefor, which permit
shall not be transferable, and to specify therefor in the name of
the Village the permit fee as set from time to time by resolution
adopted by the Board of Trustees, which is the fee hereby fixed therefor.
Every such permit shall be countersigned by the Clerk and shall have
endorsed thereon the receipt of said Clerk, showing payment to him
of such fee.
No person, corporation or association shall keep or maintain
at any fixed point on the streets, highways or public places in the
Village of Malverne any wagon, cart, automobile, vehicle or stand
for the purpose of hawking or peddling therefrom.
[Added 7-10-2002 by L.L. No. 2-2002]
The Board of Trustees of the Incorporated Village of Malverne
hereby finds that consumer fraud in door-to-door solicitation, including
the theft of mail from mailboxes of residents, is an activity that
must be prevented so as to protect the health, safety and welfare
of the residents of the Village.
[Amended 2-14-1968]
Any person who shall violate any provision of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.
[Adopted 5-15-1940 (Ch. 23, Art. II, of the 1972 Code)]
Soliciting orders for goods, wares and merchandise or other
commodities in the streets or public places or by going from house
to house in the Incorporated Village of Malverne, or the distribution
or peddling of handbills containing advertising matter in the streets
or public places, or by going from house to house in the Incorporated
Village of Malverne, without a permit obtained as hereinafter provided,
is hereby prohibited.
Such permit shall be issued in the name of the Incorporated
Village of Malverne upon application therefor and payment of a fee
to the Village Clerk as set from time to time by resolution adopted
by the Board of Trustees and shall be for a period of one year from
the date thereof and shall be signed by the Mayor and countersigned
by the Clerk. Such permit shall not be transferable and shall be carried
at all times by the permittee when performing the acts permitted under
said permit and must be exhibited by the permittee at any time upon
request of any person. The acts permitted thereunder shall only be
performed between the hours of 10:00 a.m. and 5:00 p.m.
[Added 2-14-1968]
Every holder of a permit issued by the Village Clerk under the
authority of this article shall be required to carry such permit with
him while engaged in the business or activity permitted within the
corporate limits of the Village of Malverne. He shall produce such
permit at the request of any official of said Village or of any resident
of said Village with whom he wishes to conduct his business or activity.
Every such permittee shall restrict his activity within the Village
of Malverne to the hours between 10:00 a.m. and 5:00 p.m., prevailing
time, on Mondays through Saturdays and shall notify the police officer
on duty at least once in every week in which he plans to conduct said
activity and before commencing his selling or soliciting activity.
Such notification shall include a statement of the general area of
the Village of Malverne in which the permittee intends to conduct
said activity and a schedule of dates and times when said activity
shall be conducted. The permittee shall notify the police officer
on duty of any change in area or time of solicitation, should such
changes be made during the week.
[Added 2-14-1968]
No peddler, canvasser or solicitor shall conduct, or attempt
to conduct, his business at any residence or any property on which
is posted a sign expressly prohibiting such activity.
[Added 2-14-1968]
It shall be the duty of any police officer of the Village of
Malverne to enforce the provisions of this article and require any
person seen peddling, soliciting or canvassing, who is not known by
such officer to be duly permitted, to produce his permit.
[Added 2-14-1968]
Any person who shall violate any provision of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.