[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 10-15-2019 by L.L. No. 5-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 238, Peddling
and Soliciting, adopted 6-18-1974 by L.L. No. 2-1974 as Art. 11 of
the 1974 General Ordinances.
Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation,
or their agents or representatives, to proselytize, canvass, solicit
business, take orders for goods or services or to distribute handbills,
pamphlets or other written material or solicit donations or contributions
of money or property or financial assistance of any kind upon the
streets, upon private property, by house-to-house canvass or in public
places in the Village of Oyster Bay Cove without a license previously
issued pursuant to this chapter.
Application for a license as provided in this chapter shall
be in writing and addressed to the Village Clerk and shall contain
the following information:
A.
Name, address and purpose of the cause for which the license is sought.
B.
Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C.
Length of time for which the right to do business is desired.
D.
Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E.
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F.
The name, address, date of birth, personal photograph(s) and complete
driver's license information or other satisfactory means of identification
of the person or persons who shall be conducting the solicitation
or otherwise peddling, soliciting or canvassing.
G.
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
H.
If a vehicle or vehicles are to be used in the solicitation, a description
of same, including year, make and model, together with a license plate
number, registration certification information and liability insurance
information or other satisfactory means of identification. Such information
shall be presented for inspection, upon demand, by any Oyster Bay
Cove Village Code Enforcement Officer or Oyster Bay Cove Village police
officer.
I.
Such other information as the Board of Trustees may require.
All applications must be accompanied by a $25 processing fee
payable to the Village of Oyster Bay Cove. Upon approval of the license,
a fee of $200 payable to the Village of Oyster Bay Cove is required.
Upon receiving such application, the Village Clerk shall present
the same to the Board of Trustees at its next regular meeting. The
Board of Trustees shall approve the application of all bona fide applicants
who have complied with the above provisions. The Board of Trustees
may deny the application for any of the following reasons:
A.
An investigation reveals that the applicant falsified information
on the application.
B.
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances
or any violent act against persons or property.
C.
The applicant is a person against whom a judgment or administrative
agency determination has been entered or a conviction obtained within
the five years immediately preceding the date of the application based
upon fraud, deceit or misrepresentation.
D.
The solicitation involves the sale of illegal substances or services.
E.
The applicant does not possess any applicable licenses required by
the United States, the State of New York, the County of Nassau or
the Town of Oyster Bay.
Any license approval granted by the Board of Trustees is subject
to the following restrictions:
A.
Payment by the applicant of the license fee of $200.
B.
All activity must be conducted on weekdays and Saturdays only between
the hours of 9:00 a.m. and dusk (i.e., 30 minutes after sunset).
C.
Solicitation shall not take place at any household or premises which has a "no solicitation" sign posted on or near the front door of the household nor shall any solicitation take place at any household or premises that provides notice to the Village as outlined in § 238-6.
D.
The license shall be effective for no more than one calendar year
from the date of issuance, and all licenses shall terminate on December
31 in the year in which it was issued. There shall be no proration
of fees over the calendar year.
E.
The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees in writing that they do not desire solicitation.
Any person not desiring solicitation upon the person's
private property may advise the Board of Trustees by written notice
objecting to any or all solicitation or distributions. Such notice
shall include the name of the person filing; the address of the property
affected; the date of such filing; a statement specifically identifying
the organizations or institutions which the person filing objects
to permitting entrance onto his private residential property for the
purpose of solicitation or distribution; or that all such solicitation
or distribution is objected to. The Village Clerk shall maintain a
list of those residents who have filed a written notice of objection
and shall furnish any person/entity that is issued a license to solicit
with a copy.
All persons soliciting donations or contributions or proselytizing
pursuant to this chapter shall, at all times during such period, carry
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the solicitation. Each
identification card shall be displayed on the outer garment and shall
plainly show the name of the person who is soliciting, his or her
photograph and the person, organization, society, association, company
or corporation on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees
pursuant to any part of this chapter may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
If any section, subsection or provision of this chapter or the
application of such section, subsection or provision to any person
or circumstances shall be held invalid, illegal or unconstitutional,
the validity of the remainder of this chapter and the applicability
of such section, subsection or provision to other persons or circumstances
shall not be affected thereby.
