[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-8-1992, approved 7-9-1992[1]]
[1]
Editor's Note: This ordinance repealed former Art. I,
Peddling, adopted 11-13-1957 as Ch. 31 of the General Ordinances of
the City of Mount Vernon, approved 11-15-1957, as amended. This ordinance
also provided that it shall take effect 1-1-1993.
The purpose of the article is to prevent dishonest business
practices by providing for the registration and regulation of the
conduct of peddlers. Inasmuch as the primary purposes of the public
streets, sidewalks and other public ways is for use by vehicular and
pedestrian traffic, reasonable regulation of peddling on public ways
is necessary to protect the public health, safety and welfare of the
City and its inhabitants. Therefore, this article is meant as an expression
of the police power of the City and is established for the public
health, safety and welfare of the City and its inhabitants.
[Amended 11-26-2013,
approved 11-27-2013]
As used in this article, the following words shall have the
meanings indicated:
A building or store in which or where business is transacted
dealing in goods, wares and merchandise, on a regular, continuing,
ongoing basis.
Any raw, cooked or processed edible substances, beverages,
ingredients, ice or water used or intended for use or for sale in
whole or in part for human consumption.
The business of selling or offering food for sale at retail
in a public space engaged in by a food vendor.
A person who hawks, peddles, sells or offers food for sale
at retail in any public space.
A person or entity who or which sells goods, wares, food
or merchandise at a special event from various locations on public
streets or sidewalks in the City or in a City park.
Any vehicle used for the displaying, storing, preparing and
cooking or transporting of articles for sale, by a peddler or food
vendor which is required to be licensed and registered by the State
Department of Motor Vehicles. The term is to include trailers, trucks,
automobiles and motorcycles.
Any person, either principal or agent, who in any public
way, or by traveling from house to house or established place of business
to established place of business, on foot or on or from any animal,
bicycle, boat or motor vehicle, sells or barters, offers for sale
or barter or exposes for sale or barter any goods, wares or merchandise.
All areas legally open to public use, including but not limited
to public streets, sidewalks, roadways, highways, parkways and alleys.
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle or trailer, which may be moved with or without
the assistance of a motor and which does not require registration
by the department of motor vehicles.
Any occasion, including but not limited to fairs, shows,
exhibitions, City-wide celebrations, and festivals, taking place within
a specifically defined area of the City for a period of time not to
exceed three days.
Any table, bench, booth, rack, handcart, pushcart, bicycle
or any other fixture or device which is not required to be licensed
and registered by the state department of motor vehicles, and is used
for the display, storage, preparation or transportation of articles,
offered for sale by a peddler or food vendor.
To hawk, peddle, sell or offer to sell food at retail in
a public space, delivered immediately upon consummation of purchase.
[Amended 11-26-2013,
approved 11-27-2013]
It shall be unlawful for any person to engage in the business of peddler or food vendor, as defined in § 194-2 of this article, within the City of Mount Vernon without having in force a license therefor as herein provided.
Nothing contained in this article shall be deemed to apply to
any of the following:
A.
A sale conducted pursuant to order of any court.
B.
The peddling of meats, fish, fruit and farm produce by farmers and
persons who produce such commodities on their own land, provided that
they have otherwise complied with any licensing and health and safety
requirements of any other competent governmental body or agency and
the sale takes place from a stationary location owned or leased by
the seller.
C.
Any person selling newspapers or periodicals or distributing free
samples from his or her person.
D.
The activities of a religious organization governed by Article III
of this chapter.
A.
Written application. Any person desiring a license as herein provided
shall file with the City Clerk a written application therefor, duly
verified by the applicant upon blank forms provided by the City Clerk.
A license may be taken out only by such person and not in the name
of a firm, corporation, association, club, etc. Such application shall
include but not be limited to the following information:
(1)
The name, address, date of birth, social security number and motorist
identification number of such person and the name of the corporation,
firm, association, club, partnership or any other organization represented
by such person.
(2)
A certificate of authority which is issued by the State of New York
for the purpose of certifying that the possessor of said certificate
is authorized to collect and retain sales tax in accordance with the
laws of the State of New York. A photostatic copy of said certificate
of authority shall be made and attached to the written application.
(3)
A description of the type of goods, wares, food or merchandise which
the applicant intends to sell.
[Amended 11-26-2013,
approved 11-27-2013]
(4)
If applicable, a description of the motor vehicle or pushcart which
the applicant intends to use in carrying out the proposed business
or occupation, the name of the owner of such vehicle and a copy of
the registration of such vehicle and insurance coverage.
[Amended 11-26-2013,
approved 11-27-2013]
(5)
Any County Health Department permit number, if a food vendor.
(6)
Whether applicant has ever been convicted of a crime and, if so,
under what name, with a listing of such convictions, including crime,
jurisdiction, date and sentence imposed.
B.
Photographs and fingerprints. Each application for a license required by this article shall be accompanied by a photograph of the applicant, in quadruplicate, passport size, taken within 30 days prior to such application, as well as the fingerprints of both hands, of the person applying for the license and of each assistant and employee who shall engage in peddling or food vending within the City. The taking and processing of fingerprints shall be as directed by the Commissioner of Public Safety. Said fingerprints shall be submitted to the New York State Division of Criminal Justice Services or other appropriate agency for processing and investigation. All costs incurred for this process must be paid by the applicant. The fee for the processing of fingerprints is mandated by the State of New York and § 126-2.2A of the Code of the City of Mount Vernon. No application for a peddling or food vending license shall be approved, nor any license issued under the provisions of this article, until the commanding officer of the Bureau of Criminal Investigation in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of a felony or misdemeanor involving violence, dishonesty or deceit.
[Amended 11-26-2013,
approved 11-27-2013]
C.
Insurance coverage. In addition to filing a written application with
the City Clerk, any person desiring to procure a license shall provide
proof of financial responsibility consisting of a policy or certificate
of insurance. Said certificate shall be for comprehensive general
liability insurance, which includes products and completed operations
coverage, in an amount of $1,000,000. The City of Mount Vernon, New
York, shall be named as an additional insured on said certificate.
If a motor vehicle is used in the conduct of peddling or food vending
business, then a certificate of automotive liability insurance must
also be provided evidencing, at a minimum, the statutory limits of
coverage required by the Vehicle and Traffic Law.
[Amended 11-26-2013,
approved 11-27-2013]
D.
Bond. An application for a license shall be accompanied by a bond
in the sum of $2,500, which bond shall be approved as to form and
surety by the Corporation Counsel. Said bond shall be conditioned
for the due observance of all ordinances of the City of Mount Vernon
and laws of the State of New York relative to peddling and food vending,
including but not limited to all provisions of the New York State
and Westchester County Sanitary Codes.
[Amended 11-26-2013,
approved 11-27-2013]
E.
The maximum number of such licenses which may be in effect shall
be 20 and no new licenses shall be issued in excess of such maximum
number.
[Added 11-26-2013, approved 11-27-2013]
A.
Provided that such person has completed the application for a license and has met all other requirements as set forth in this article, there shall be no fee for such license, other than the fingerprint processing charge, for an honorably discharged member of the armed forces of the United States, or surviving spouse of the same, who is the holder of a license issued pursuant to § 32 of the General Business Law of the State of New York.
B.
A person who is 65 years of age or over shall be exempt from the
fee for a license to peddle or vend as herein provided to the extent
of 50% thereof, provided that such person is actually engaged in peddling
or food vending business within the City of Mount Vernon and is the
owner and operator of the business using or employing a motor vehicle,
pushcart or stand. Said exemption shall not include any fingerprint
processing charge and is contingent upon such person completing the
application for a license and meeting all other requirements as set
forth in this article.
[Amended 11-26-2013,
approved 11-27-2013]
A.
The City Clerk, with such assistance from the Police Department as
may be reasonably necessary, shall investigate all applicants and
shall thereafter issue or deny such license to the applicant. No license
shall be issued for a period greater than one year. The date of issuance
and expiration of such license, as well as the purpose for which it
has been issued, shall be set forth on the face thereof.
B.
Authorizations to grant and refuse license.
(1)
The City Clerk is hereby authorized to issue licenses under his hand,
to be sealed with the Corporate Seal and countersigned by the Mayor,
to such persons to peddle goods, wares or merchandise or vend food
within the limits of the City, if the applicant complies with all
application requirements and is found to have no nonconformity rationally
related to activity as a peddler or food vendor.
[Amended 11-26-2013,
approved 11-27-2013]
(2)
The City Clerk shall deny issuance of a license to any person who
fails to comply with all application requirements and/or to any person
who has been convicted of a felony or misdemeanor involving violence,
dishonesty or deceit and shall give written notice to the applicant
setting forth the reason or reasons for said denial.
[Amended 11-26-2013,
approved 11-27-2013]
All renewal applications shall be processed as new applications.
The City Clerk shall review each application for renewal to determine
that the applicant is in full compliance with the provisions of this
article. If the City Clerk finds that the application meets the above
requirements, the City Clerk shall issue a new license pursuant to
the provisions of this article.
[Amended 6-26-2002, approved 6-27-2002; 11-26-2013, approved 11-27-2013]
The City Clerk shall collect the following peddling and food
vending application or renewal fees:
A.
For each license to any person to peddle goods, wares or merchandise
or to any person who is in the food vending business when using or
employing a motor vehicle or pushcart: the sum of $600 per year.
B.
For each license to any person to peddle goods, wares or merchandise
when using or employing a stand or carrying his or her merchandise:
the sum of $250 per year.
C.
For each license for an itinerant vendor who sells goods, wares,
food or merchandise: the sum of $225.
A.
Any license issued to a peddler or food vendor shall be carried with
said peddler or food vendor at all times when he or she is engaged
in the business of peddling or vending and shall be exhibited to any
person upon request. If said peddler sells food or beverages, the
health permit must also be displayed.
[Amended 11-26-2013,
approved 11-27-2013]
B.
In addition to such license, the City Clerk shall issue an identification
badge to every peddler or food vendor, who shall display such badge
so that the badge may be easily read while doing business. If a badge
becomes damaged or obscured, such peddler or food vendor shall return
it to the City Clerk for replacement. The City Clerk shall be required
to collect from each person to whom a badge is so issued the sum of
$10.
[Amended 6-26-2002, approved 6-27-2002; 11-26-2013, approved 11-27-2013]
C.
For each license issued employing a stand or motor vehicle, the City
Clerk shall issue two license decals containing the licensee's
number and date of expiration of the license; said license decals
are to be placed conspicuously on both sides of the stand or vehicle.
D.
Licenses and license decals shall be used only by the licensee to
whom they were issued, or the authorized assistant or employee of
said licensee, and may not be transferred to any other person. Identification
badges shall only be used by the person to whom they were issued.
A.
Licensed peddlers and food vendors shall not:
[Amended 11-26-2013,
approved 11-27-2013]
(1)
Enter upon private or public property for the purpose of peddling
before the hour of 7:00 a.m. or after the hour of 7:00 p.m. on any
day except:
(2)
Resort to deceptive acts or practices, physical abuse, threats, intimidation
or harassment in the course of conducting business or offer for sale
any provision, food or merchandise that is unfit or otherwise harmful
to the user or consumer thereof.
(3)
Peddle or vend on private or public property which has displayed
a sign bearing words "No Peddling" or words of the like intent, nor
shall any licensee remain on the premises after the owner or occupant
thereof shall have requested the licensee's departure therefrom.
(4)
Have an exclusive right to any location in the public way, nor be
permitted to stand or remain in one place in any public way for more
than 30 consecutive minutes without moving a minimum of 200 feet.
(5)
Be permitted to operate in a congested area where such operation
would increase traffic congestion or delay, constitute a hazard to
life or property, interfere with an abutting property owner or obstruct
access to emergency vehicles.
(6)
Create, erect, maintain or place any stand, pushcart or obstruction
upon any public way for the selling or exposing for sale any goods,
wares, food or merchandise which shall restrict the flow of vehicular
or pedestrian traffic.
(7)
Permit any stand, pushcart or vehicle used in such business to stand
or remain:
(8)
Use any sound-amplifying device, including but not limited to any
loudspeaker, public address system, radio, sound amplifier or similar
device, to attract public attention.
(9)
Sell food, drink, ice cream or confections of any kind for immediate
consumption, unless the licensee has a litter receptacle available
for public use which shall be clearly marked and maintained, nor shall
any peddler leave any location without first picking up, removing
and thereafter disposing of all trash or refuse remaining from any
sales.
(10)
Exhibit, display, offer for sale or sell any goods, wares or
merchandise on the following public ways:
(a)
Fourth Avenue between First Street and Third Street.
(b)
Gramatan Avenue, Broad Street, and Grand Street.
(c)
Fleetwood Avenue, Prospect Avenue and Sanford Boulevard.
(d)
Fifth Avenue between First Street and Third Street.
(e)
Third Street.
(f)
First Street between Second Avenue and Eleventh Avenue.
(g)
Any areas designated as "residential" on the Mount Vernon Zoning
Map.
B.
No peddler or food vendor shall be allowed to sell within 250 feet
of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
[Amended 11-26-2013,
approved 11-27-2013]
C.
Each license shall include the right to use only one stand, pushcart
or motor vehicle in carrying out the business for which the person
is licensed; provided, however, that said stand, pushcart or motor
vehicle:
[Amended 11-26-2013,
approved 11-27-2013]
(1)
Displays thereon the full name and location, by street and number,
of the licensee's place of business, in plain letters and figures
not less than 2 1/2 inches in length, painted on the both sides
thereof; and
(2)
Displays the license decals to be issued by the City Clerk, containing
the licensee's number and date of expiration of said license
in a conspicuous place on both sides of such stand, pushcart or motor
vehicle.
D.
Such license shall not be interpreted or construed to supersede any
and all applicable laws, ordinances, rules and regulations.
E.
No vending vehicle or pushcart or any other item related to the operation
of a food vendor's business shall touch, lean against or be affixed
permanently or temporarily in any building or structure including,
but not limited to, lamp posts, parking meters, mail boxes, traffic
signal stanchions, fire hydrants, tree boxes, benches, bus shelters,
refuse baskets or traffic barriers.
[Added 11-26-2013, approved 11-27-2013]
F.
All items relating to the operation of a food vending business shall
be kept in or under the vending vehicle or pushcart, except that samples
of the nonperishable items sold may be displayed on the vending vehicle
or pushcart. No items relating to the operation of a food vending
business other than an adjoining acceptable waste container shall
be placed upon any public space adjacent to the vending vehicle or
pushcart, and no food shall be sold except from an authorized vehicle
or pushcart.
[Added 11-26-2013, approved 11-27-2013]
G.
No vending pushcart shall be located against display windows of fixed
location businesses, nor shall they be within 15 feet of an entranceway
to any building, store, theatre, movie house, sports arena or other
place of public assembly.
[Added 11-26-2013, approved 11-27-2013]
H.
Each food vendor who vends from a pushcart or vehicle in the roadway
shall obey all traffic and parking laws, rules and regulations as
now exist or as may be promulgated, but in no case shall a food vendor
vend so as to restrict the continued maintenance of a clear passageway
for vehicles. Any vendors using portable heating units, propane tanks,
sternos, charcoal grills or any open flames must have a portable fire
extinguisher as per the New York State Fire Code, and must be first
approved by the Mount Vernon Fire Department for an additional fee
of $100.
[Added 11-26-2013, approved 11-27-2013]
I.
No person shall sell, give or otherwise transfer any food to an unlicensed
food vendor for resale.
[Added 11-26-2013, approved 11-27-2013]
J.
Motorized, moving ice cream trucks shall not be included among the licensed peddlers and food vendors restricted to areas set forth in Subsection A(10). However, such ice cream trucks shall not be permitted to remain stationary within park areas of the City unless by written authorization of the Mount Vernon Recreation Department.
[Added 11-26-2013, approved 11-27-2013]
A.
Licenses issued under the provisions of this article may be suspended
or revoked by the City Clerk of the City of Mount Vernon for cause,
after giving written notice to the licensee, including but not limited
to the following:
(1)
Fraud, misrepresentation or false statement in the application for
the license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying out the licensee's trade, business or occupation.
(3)
Any violation of this article.
(4)
Conviction of any crime involving moral turpitude while holding a
peddler's or solicitor's license from the City of Mount
Vernon.
(5)
Carrying out of the licensed business, trade or occupation in an
unlawful manner, or in such a way as to breach the peace or to constitute
a menace to the health, welfare or safety of the public.
(6)
Conducting the business of peddling contrary to the conditions of
the license.
(7)
Cancellation of Health Department authorization for a food or beverage
vending unit due to uncorrected health or sanitation violations.
B.
Any license issued pursuant to this article is good only for the
purposes stated thereon, and a change of product being sold without
written consent from the City Clerk shall constitute cause for revocation
of said license, and the licensee shall thereby be guilty of violating
this article; no application for a further license may be made by
said licensee for a period of one year from the date of revocation.
Any person aggrieved by the decision of the City Clerk in regard to the denial of application for a license as provided for in § 194-7 of this article or in connection with the suspension or revocation of a license as provided for in § 194-12 of this article shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk a written statement of appeal setting forth the grounds for the appeal within 14 days after the notice of decision by the City Clerk has been mailed to such person's last known address as indicated on the application or license. The City Council shall set the time and place for a hearing on such appeal to be held no later than 30 days after the written statement of appeal is filed with the City Clerk, and notice of such hearing shall be given to such person no later than 10 days prior to the hearing date. The City Council shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the determination of the City Clerk should not be upheld. At the conclusion of the hearing, the City Council shall make a final and conclusive decision. This decision shall be immediately appealable to a court of competent jurisdiction.
Any license issued pursuant to this article shall automatically
expire on the first day of May next following the date of its issuance.
A.
Any license issued pursuant to this article shall not be transferable nor assignable. In the event that a licensee shall permit any other person to possess or use such license other than the authorized assistant or employee of said licensee, such licensee shall be guilty of violating this article and said license shall be revoked by the City Clerk pursuant to § 194-12 herein; no further application for a license may be made by said licensee for a period of one year from the date of revocation.
B.
No vehicle,
trailer or pushcart used to vend food in a public place shall be assignable
or transferable with a license, permit or plate that has been used
under this article.
[Added 11-26-2013, approved 11-27-2013]
The City Clerk, in accordance with the laws of the State of
New York, shall keep an accurate record of all licenses issued pursuant
to this article.
It shall be the duty of any police officer or Code Enforcement
Officer of the City of Mount Vernon to require any person seen peddling
who is not known by such officer to be duly licensed to produce the
appropriate identification and to enforce the provisions of this article
against any person found to be violating the same.
A.
Any person who shall violate any of the provisions of this article
shall, upon conviction thereof, be punished by a fine not to exceed
$250 or by imprisonment not to exceed 15 days, or both.
B.
Any person who fails to produce a proper license, identification
badge or applicable license decals issued pursuant to this article
or in any other way violates the provisions of this article may have
his or her merchandise seized and impounded by the City until the
termination of any action against said person to recover the fine
therefor and thereafter until the fine imposed by the court has been
paid. Such seizure and impoundment of any merchandise shall be at
said person's risk. Should said person fail to pay the fine imposed
by the court as the same shall be assessed, all merchandise seized
and impounded shall be forfeited to the City, subject to public sale.
Notice of the sale, specifying the date, place and hour of the sale,
shall be served upon said person personally or by registered mail,
addressed to him or her at his or her last known post office address
and published not less than 10 days before the sale. The publication
of the notice of sale shall be made in a newspaper or newspapers designated
by the City Clerk having general circulation in the City and county
where such merchandise was seized and impounded. The proceeds of the
sale shall first be applied in payment of the fine and expenses of
sale and any remainder shall be forfeited to the City.
All ordinances, laws or parts of ordinances or laws in conflict
with this article are hereby repealed.
The provisions of this article are declared to be severable,
and if any section, sentence, clause or phrase of this article shall
for any reason be held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect
the validity of the remaining sections, sentences, clauses and phrases
of this article, but they shall remain in effect, it being the legislative
intent that this article shall stand notwithstanding the invalidity
of any part.
[Adopted 12-10-1969 as Ch. 4-A of the General Ordinances, approved 12-11-1969]
It shall be unlawful for any person to enter upon private residential property in the City of Mount Vernon without prior consent of the occupant for the purpose of canvassing, vending or soliciting orders for any merchandise, device, books, periodical or printed matter whatsoever: or for the purpose of soliciting alms, or for a subscription or contribution to any church, charitable or public institution whatsoever; or for the purpose of distributing any handbills, pamphlets, tract, notice or advertising matter, except where expressly provided for in Chapter 145 of the Code of the City of Mount Vernon; or for the purpose of selling or distributing any ticket or chance whatsoever, without first having obtained a license from the office of the City Clerk and without the prior consent of the occupant of the premises, except that no license shall be required:
B.
For the soliciting of orders for, or the vending or offering for
sale of, meats, fish, fruit or farm products by farmers or other persons
who produce the same.
C.
Of any person who has been a bona fide resident of the City of Mount
Vernon for at least six months last past, or of any person who has
maintained a place of business in the City of Mount Vernon for at
least six months prior thereto, or his duly authorized representative.
A.
Each application for a license required by this article must be filed
with the City Clerk of the City of Mount Vernon and must be accompanied
by the required license fee. Such application shall be on a form provided
by the City Clerk and must be sworn to before a notary public and
contain, among other things, the following information concerning
the applicant:
(1)
Applicant's name, residence, place of residence for past three
years previous, date and place of birth, height, color of eyes and
hair, whether a citizen of United States, and if naturalized, the
place and date of securing such citizenship.
(2)
Names and addresses of past employers for the past five years.
(3)
Name and address of present employer and name and address of immediate
supervisor.
(4)
Whether single or married.
(5)
All felonies or misdemeanors with which applicant has been charged
and the disposition of each such charge.
(6)
What, if any, licenses for peddling or vending issued by any state,
municipality or other such authority have previously been held by
applicant.
(7)
All instances in which any such licenses may have been revoked or
suspended and the details thereof.
(8)
Any other information of similar nature that may reasonably be required.
B.
No license shall be issued to a person who has been convicted of
a felony or to a person convicted of a misdemeanor involving theft
or moral turpitude.
[Amended 4-13-1989; approved 4-13-1989]
Each application for a license required by this article shall
be accompanied by a photograph, in duplicate, in passport size, and
also the fingerprints of both hands of the person applying for the
license and of each assistant and employee who shall be so engaged
within the City. If the applicant be a corporation, such photograph
and fingerprints of each agent or employee who shall be so engaged
within the City shall be submitted with the application. The fingerprints
shall be placed upon cards provided by the Commissioner of Public
Safety and shall be taken under his/her supervision by a senior police
officer, and at such a place as the Commissioner shall designate.
The Commissioner of Public Safety shall have the authority to submit
the fingerprints of the applicant, together with the required fees,
to the Division of Criminal Justice Services or other appropriate
agency for processing and investigation. No application for a soliciting
license shall be approved nor any license issued under the provisions
of this article until after the commanding officer of the Bureau of
Criminal Identification in the Department of Public Safety has reviewed
and examined the criminal history record information disseminated
by the Division of Criminal Justice Services. No license shall be
granted to any applicant who has been convicted of any felony or any
misdemeanor involving violence, dishonesty or deceit.
[Amended 9-26-2012, approved 9-27-2012]
If the applicant satisfactorily meets the foregoing requirements
for the issuance of a license required by this article, the City Clerk
shall issue to the applicant a license upon the payment of a fee of
$200 for a term of one year.
[Amended 9-26-2012, approved 9-27-2012]
The City Clerk shall also issue to each person receiving a license
a pocket card containing the photograph of the licensee, assistant
or employee, as the case may be, the name and residence address of
such licensee, assistant or employee and the name of the employer
licensed hereunder, if any, and bearing the notation that such card
is a license to canvass, vend or solicit and an imprint of the Official
Seal of the City of Mount Vernon affixed thereto. The City Clerk shall
be required to collect from each person to whom such card is so issued
the sum of $5.
No person shall canvass, vend or solicit under a license issued
pursuant to this article except during the hours from 9:00 a.m. to
6:00 p.m. on Monday through Saturday of each week, other than legal
holidays.
Should an owner, tenant or manager of private property display
a sign prohibiting canvassing or soliciting, the permit granted hereunder
shall not authorize the permittee to enter upon such property. Further,
no permittee should engage in any unconsented touching of another
person or interfere with the pedestrian or vehicular traffic flow
while conducting his or her solicitation. Disregard of such prohibitions
shall result in revocation of the permit.
Any person who shall violate, neglect or refuse to comply with
any of the provisions of this article shall, upon conviction thereof,
be punished by a fine of not exceeding $250 or by imprisonment not
exceeding 15 days, or both.
Should some or any one provision under this article be held
unconstitutional by a court, nothing herein shall affect the validity
of the remaining provisions.[2]
[1]
Editor's Note: This section, formerly § 194-40, was renumbered as § 194-29 6-26-2002, approved 6-27-2002.
[2]
Editor's Note: Former Art. III, Religious Organizations,
adopted 5-23-1979 as Ch. 4-B of the General Ordinances of the City
of Mount Vernon, as amended, which immediately followed this article,
was repealed 6-26-2002, approved 6-27-2002.
