[HISTORY: Adopted by the Board of Trustees of the Village
of Florida 11-13-2019 by L.L. No. 7-2019. Amendments noted where applicable.]
A.Â
Unless otherwise authorized, permitted, or exempted pursuant to the
terms and provisions of this chapter, the practice of being in and
upon a private residence within the Village by solicitors is prohibited
and is punishable as set forth in this chapter.
B.Â
Additionally, no person, regardless of whether they are registered
under this chapter, shall engage in the following acts within the
Village:
(1)Â
Promote, influence, or attempt to promote or influence a property
owner, occupant, or tenant to list for sale, sell, or remove from
a lease real property by referring to race, color, sexual orientation,
ethnicity, or religious affiliation of neighbors, prospective buyers
or other occupants or prospective occupants of real property.
(2)Â
Induce directly or indirectly, or attempt to induce directly or indirectly,
the sale or listing for sale of real property by representing that
the presence or anticipated presence of persons of any particular
race, religion or religious sect, or national origin in the area has
resulted in or may result in:
(a)Â
The lowering of real property values.
(b)Â
A change in the racial, religious, or ethnic composition of
the block, neighborhood, or area in which the real property is located.
(c)Â
An increase in criminal or antisocial behavior in the area.
(d)Â
A decline in the quality of the schools serving the area.
(3)Â
Make any representation or misrepresentation concerning the listing
or sale, or the anticipated listing or sale, of any real property
in any residentially zoned areas for the purpose of inducing or attempting
to induce the sale or listing for sale of other real property in such
area.
(4)Â
Make any representation to any prospective purchaser or seller that
any block, neighborhood or area has, will or might undergo an adverse
change with respect to the religious, racial, or ethnic composition
of the block, neighborhood or area for the purpose of encouraging
the sale or discouraging the purchase of real property in a particular
area.
(5)Â
Place, canvass, distribute, or otherwise deliver any letter, sign,
note, pamphlet, advertisement, flyer, leaflet, placard, or other written
material, to or upon a private residence purporting an offer for sale
or purchase for any real property that is not in fact then offered
for sale by the owner of said real property.
(6)Â
Advertise for sale or rental of real property which is nonexistent
or which is not actually for sale or rental.
(7)Â
Engage in, hire, or conspire with others to commit acts or activities
of any nature, the purpose of which is to encourage or discourage
the sale or purchase of real property related to religious, racial,
or ethnic composition of the block, neighborhood or area.
(8)Â
Solicit or canvass any person whose name and property address is
included on the list maintained by the Village Clerk of persons requesting
that they not be canvassed or solicited.
(9)Â
To engage in any economic reprisal or any other form of intimidation
against any person because that person has filed a complaint, testified,
assisted or participated in any manner in any investigation, proceeding
or conference under the terms of this chapter.
(10)Â
To aid, abet, incite, compel or coerce any person to engage in any
of the practices forbidden by this chapter or to obstruct or prevent
any person from complying with the provisions of this chapter.
(11)Â
Refer, directly or indirectly or by implication, to race, color,
creed, ethnicity, or sexual orientation in any advertisement or other
solicitation offering real property for sale or rental.
(12)Â
Solicit or attempt to solicit the sale or rental or the listing for
sale or rental of real property without furnishing in written form
to the owner or occupier of such real property the name of the person
or organization soliciting such sale, rental or listing.
For the purposes of this chapter, the following definitions
shall apply:
The Village Board of Trustees shall be responsible for receiving
the information from the Village and appellant regarding the denial
or suspension of a certificate and issuing a decision as required
by this chapter.
The person or entity appealing the denial or suspension of
a certificate, either personally as an applicant or registered solicitor,
or on behalf of the applicant or registered solicitor.
An individual who is at least 18 years of age and not a corporation,
partnership, limited-liability company, or other lawful entity who
applies for a certificate permitting door-to-door solicitation.
An original or copy, dated no older than 180 days prior to
the date of the application, of either:
A temporary, annual, or renewal certificate permitting door-to-door
solicitation in the Village applied for or issued pursuant to the
terms of this chapter.
Includes any person, joint venture, partnership, limited
liability company, corporation, association, group, or other entity:
That is:
A benevolent, educational, voluntary health, philanthropic,
humane, patriotic, religious or eleemosynary, social welfare or advocacy,
public health, environmental or conservation, or civic organization;
For the benefit of a public safety, law enforcement, or firefighter
fraternal association; or
Established for any charitable purpose.
That is tax exempt under applicable provisions of the Internal
Revenue Code of 1986, as amended, and qualified to solicit and receive
tax deductible contributions from the public for charitable purposes.
"Charitable organization" includes a chapter, branch, area,
or office, or similar affiliate or any person soliciting contributions
within the state for a charitable organization that has its principal
place of business outside the Village or State of New York.
A person claiming or appearing to be at least 18 years of
age and of sufficiently sound mind and body to be able to engage in
rational thought, conversation, and conduct.
Anything specifically defined in this chapter as requiring
the denial or suspension of a certificate, and any of the following:
The applicant or registered solicitor has been criminally convicted
of any felony within the last 10 years;
The applicant or registered solicitor has been incarcerated
in a federal or state prison within the past five years;
A final civil judgment has been entered against the applicant
or registered solicitor within the last five years indicating that
the applicant or registered solicitor had either engaged in fraud
or intentional misrepresentation;
That a debt of the applicant or registered solicitor was nondischargeable
in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4),
(a)(6) or (a)(19);
The applicant or registered solicitor is currently on parole
or probation to any court, penal institution, or governmental entity,
including being under house arrest or subject to a tracking device;
The applicant or registered solicitor has an outstanding arrest
warrant from any jurisdiction; or
The applicant or registered solicitor is currently subject to
a protective order based on physical or sexual abuse issued by a court
of competent jurisdiction.
Includes a corporation, partnership, limited liability company,
or other lawful entity, organization, society or association.
The Village Clerk shall be responsible for receiving from
an applicant or registered solicitor the completed application and
either granting, suspending, or denying the applicant's certificate.
A legible sign that states "No Soliciting," "No Solicitors,"
"No Salespersons," or "No Trespassing," or words of similar import
visible as one approaches the front door of a residence.
Any actually held belief or information for, against, or
in conjunction with any political, social, environmental, or humanitarian
belief or practice.
Any person who has been issued a current certificate by the
Village.
The process used by the Village licensing officer to accept
a completed application and determine whether or not a certificate
will be denied, granted, or suspended.
Any sincerely held belief or information for, against, or
in conjunction with, any theistic, agnostic, or atheistic assumption,
presumption or position, or religious doctrine, dogma, or practice,
regardless of whether or not the belief or information is endorsed
by any other person or public or private entity.
Any living unit contained within any building or structure
that is occupied by any person as a dwelling consistent with the zoning
laws of the Village, together with the lot or other real property
on which the living unit is located. This does not include the sidewalk,
public street or public rights-of-way.
That person or entity associated with an applicant or solicitor,
or on whose behalf or benefit the applicant or solicitor is acting,
that is responsible to provide the following to an applicant or solicitor,
and the competent individual in a residence to whom a sale of goods
or services is made or attempted to be made by means of a home solicitation
sale:
Maintaining a state sales tax number, a special events sales
tax number, computing the sales taxes owing from any sale of goods
or services, paying the sales taxes, and filing any required returns
or reports;
Facilitating and responding to requests from consumers who desire
to cancel the sale pursuant to applicable contractual rights or law;
or
Refunding any monies paid or reversing credit card charges to
those persons who timely rescind any sale pursuant to applicable contractual
rights or law.
The conduct and agreement of a solicitor and the competent
individual in a residence regarding a particular good(s) or service(s),
including those that entitles the consumer to rescind the same within
three days under any applicable federal, state, or local law.
Any of the following activities:
Seeking to obtain sales or orders for the exchange of goods,
wares, merchandise or perishables of any kind, for any kind of remuneration
or consideration, regardless of whether advance payment is sought;
Seeking to obtain prospective customers to apply for or to purchase
insurance, subscriptions to publications, or publications;
Seeking to obtain contributions of money or any other thing
of value for the benefit of any person or entity;
Seeking to obtain orders or prospective customers for goods
or services;
Other activities falling within the commonly accepted definition
of soliciting, such as canvassing, hawking, or peddling.
A person(s) engaged in solicitation, including a registered
solicitor. For purposes of this chapter, the following terms shall
be considered synonymous with solicitor: "hawker," "peddler." "itinerant
merchant," "transient vendor," "surveyor" and "door-to-door salesman."
An oral, written, or electronic report:
That is submitted to and documented by the Village;
By any of the following:
A competent individual who is willing to provide law enforcement
or other Village employees with publicly available identification
of their name, address, and any other reliable means of contact;
Village law enforcement or licensing officer; or
Any other regularly established law enforcement agency at any
level of government.
That provides any of the following information regarding a solicitor:
Documented verification of a previously undisclosed disqualifying
status of a solicitor;
Probable cause that the solicitor has committed a disqualifying
status which has not yet been determined to be a disqualifying status;
Documented, eyewitness accounts that the solicitor has engaged
in repeated patterns of behavior that demonstrates failure by the
solicitor to adhere to the requirements of this chapter; or
Reasonable cause that continued licensing of a registered solicitor
creates exigent circumstances that threaten the peace, health, safety,
or general welfare of any individuals or entities within the Village.
The written form provided to the applicant by the Village
wherein the applicant agrees that the Village may obtain a name/date
of birth BCI background check on the applicant for licensing purposes
under this chapter, and which contains applicant's notarized
signature.
A.Â
The following are exempt from registration under this chapter:
(1)Â
Persons specifically invited to a residence by a competent individual
prior to the time of the person's arrival at the residence.
(2)Â
Persons soliciting in good faith for the benefit of any bona fide
fraternal, educational, religious, or charitable organization who
shall have otherwise been certified or otherwise been duly qualified
as required by law or by any governmental body or agency having jurisdiction
over such conduct.
(3)Â
Persons delivering goods to a residence pursuant to a previously
made order, or persons providing services at a residence pursuant
to a previously made request by a competent individual.
(4)Â
Persons advocating or disseminating information for, against, or
in conjunction with any religious belief or political position regardless
of whether goods, services, or any other consideration is offered
or given, with or without any form of commitment, contribution, donation,
pledge, or purchase.
(5)Â
Persons representing a charitable organization. The charitable exemption
shall apply to students soliciting contributions to finance extracurricular
social, athletic, artistic, scientific or cultural programs, provided
that the solicitation has been approved in writing by the school administration,
and that such student solicitors carry current picture student identification
from the educational institution for which they are soliciting.
(6)Â
Any veteran of the Armed Forces of the United States holding a peddlers
license provided for in Article 4 of the General Business Law.
(7)Â
Farmers and truck gardeners or their employees who sell or deliver
products grown or raised on their own farms and gardens.
(8)Â
Individuals seeking signatures for purposes of running for political
office, referendum or other similar petitions required under law.
(9)Â
Persons otherwise exempt from registration pursuant to local, state
or federal law.
B.Â
All persons and organizations soliciting funds solely for the charitable
or other purposes who are exempted from the registration requirements
under this chapter shall in any event maintain and keep records identifying
all persons soliciting funds within the Village, regardless of their
exemption, and such records shall contain at least the name and the
address of the person soliciting, the areas solicited and the date
or dates of solicitation. Said records shall be made available for
inspection by the Chief of Police upon request.
A.Â
All solicitors who are not otherwise exempt from registration as
set forth in this chapter or New York State Law shall obtain a registration
certificate from the licensing officer.
B.Â
The licensing officer shall provide a standard application form for
use for the registration of solicitors. Upon request to the licensing
officer, or as otherwise provided, any person or entity may obtain
in person, by mail, or facsimile, a copy of this application form.
Each application form shall require disclosure and reporting by the
applicant of the following information, documentation, and fee:
(1)Â
Review of written disclosures. An affirmation that the applicant
has received and reviewed the disclosure information required by this
chapter.
(2)Â
Contact information.
(a)Â
Applicant's true, correct and legal name, including any
former names or aliases used during the last 10 years;
(b)Â
Applicant's telephone number, home address and mailing
address, if different;
(c)Â
If different from the applicant, the name, address, and telephone
number of the responsible person or entity (including identification
of the members of any limited liability company, majority shareholder
of any corporation, all general partners of a partnership, and the
owner of any sole proprietorship); and
(d)Â
The address by which all notices to the applicant required under
this chapter are to be sent.
(3)Â
Proof of identity. An in-person verification by the licensing officer
of the applicant's true identity by use a valid photographic
identification such as a driver's license, government issued
ID, passport or school ID;
(4)Â
Proof of registration. The applicant shall provide proof that either
the applicant, or the responsible person or entity, has registered
with all required regulatory authorities, if any;
(5)Â
Sales tax number. The applicant shall provide a sales tax number
for either the applicant, or for the responsible person or entity
for which the applicant will be soliciting, if applicable;
(6)Â
Marketing information.
(a)Â
The goods or services offered by the applicant, including any
commonly known, registered or trademarked names;
(8)Â
The applicant shall be required to affirm or deny that he or she
has not been the subject of an event identified as a disqualifying
status under this chapter.
(9)Â
Fee.
(10)Â
Execution of application. The applicant shall execute the application
form, stating upon oath or affirmation, under penalty of perjury,
that based on the present knowledge and belief of the applicant, the
information provided is complete, truthful and accurate.
The application form shall be accompanied by written disclosures
notifying the applicant of the following:
A.Â
The applicant's submission of the application authorizes the
Village to verify information submitted with the completed application;
B.Â
The applicant consents to the Village, including its police department,
consulting any available sources for information on the applicant,
including but not limited to databases for any outstanding warrants,
protective orders, or civil judgments;
C.Â
The fee that must be submitted by applicant with a completed application;
D.Â
To the extent permitted by New York State and/or federal law, the
applicant's BCI background check shall remain a confidential,
protected, private record not available for public inspection;
E.Â
The Village will maintain copies of the applicant's application
form, proof of identity, and identification badge. These copies will
become public records available for inspection on demand at the Village
offices whether or not a certificate is denied, granted, or renewed;
F.Â
The Village will maintain the information and criteria for disqualifying
status, denial, or suspension of a certificate under the provisions
of this chapter, the public disclosure for which will be subject to
New York State Freedom of Information Law;[1]
[1]
Editor's Note: See McKinney's Public Officers Law
§ 84 et seq.
G.Â
That a request for a temporary certificate will be granted or denied
within five days of a completed application being submitted.
The licensing officer shall review the completed application
submitted by the applicant and issue a certificate in accordance with
the following:
A.Â
Temporary certificate.
(1)Â
A temporary certificate shall be issued allowing the applicant to
immediately begin door-to-door solicitation upon the following conditions:
(a)Â
Applicant's submission of a completed application;
(b)Â
Applicant's submission of the required fee;
(c)Â
Applicant establishes proof of identity;
(d)Â
The applicant's representations on the application form
do not affirmatively show a disqualifying status;
(e)Â
The BCI does not affirmatively show a disqualifying status;
and
(f)Â
The applicant has not previously been denied a certificate by
the Village or had a certificate revoked for grounds that still constitute
a disqualifying status under this chapter.
(2)Â
A temporary certificate will automatically expire after 25 calendar
days from issuance, or upon grant or denial of an annual certificate,
whichever period is shorter.
B.Â
Annual certificate. Within 25 calendar days of the issuance of a
temporary certificate, the Village shall:
(1)Â
Take any and all actions it deems appropriate to verify the truthfulness
and completeness of the information submitted by the applicant, including
but not limited to those disclosed with the application form.
(2)Â
Issue written notice to the applicant and the responsible person
or entity, if any, that the applicant either:
C.Â
Renewal certificate. An annual certificate shall be valid for one year from the date of issuance of the temporary certificate and shall expire at midnight on the anniversary date of issuance. Any annual certificate that is not suspended, revoked, or expired may be renewed upon the request of the registered solicitor and the submission of a new completed application and payment of the fee, unless any of the conditions for the denial, suspension or revocation of a certificate are present as set forth in § 88-10 or a disqualifying status is present.
A.Â
Certificate form. Should the licensing officer determine that the
applicant is entitled to a certificate, the licensing officer shall
issue a certificate to the applicant. The certificate shall list the
name of the registered solicitor and the responsible person or entity,
if any, and the date on which the certificate expires. The certificate
shall be dated and signed by the license officer. The certificate
shall be carried by the registered solicitor at all times while soliciting
in the Village.
B.Â
Identification badge. With both the temporary and annual certificates,
the Village shall issue each registered solicitor an identification
badge that shall be worn prominently on his or her person while soliciting
in the Village. The identification badge shall bear the name of the
Village and shall contain:
(1)Â
The name of the registered solicitor, and the name of the responsible
person or entity, if any;
(2)Â
Address and phone number of the registered solicitor, or the address
and phone number of the responsible person or entity;
(3)Â
A recent photograph of the registered solicitor; and
(4)Â
The date on which the certificate expires.
The licensing officer shall maintain and make available for
public inspection a copy or record of every completed application
received and the certificate or written denial issued by the Village.
The applicant's BCI background check shall remain a confidential,
protected, private record not available for public inspection. The
licensing officer may furnish to the head of the Village's law
enforcement agency a listing of all applicants, those denied, and
those issued a certificate.
Certificates shall be issued only in the name of the applicant
and shall list the responsible party or entity, if any. The certificate
shall be nontransferable. A registered solicitor desiring to facilitate
or attempt to facilitate solicitation sales with different goods or
services; or responsible person or entity, from those designated in
the originally submitted completed application, shall submit a written
change request to the licensing officer. A new certificate based on
the amended information shall issue for the balance of time remaining
on the solicitor's previous certificate before the amendment
was filed. Before the new certificate is given to the registered solicitor,
the registered solicitor shall obtain a revised identification badge
from the Village, after payment of the fee for the identification
badge.
A.Â
Denial. Upon review, the licensing officer shall refuse to issue
a certificate to an applicant for any of the following reasons:
(1)Â
Denial of temporary certificate.
(a)Â
The application form is not complete;
(b)Â
The applicant fails to:
[1]Â
Establish proof of identity, provide a BCI, or pay the fees;
[2]Â
The completed application or BCI indicates that the applicant
has a disqualifying status; or
[3]Â
The applicant has previously been denied a certificate by the
Village, or has had a certificate revoked for grounds that still constitute
a disqualifying status under this chapter.
(2)Â
Denial of annual certificate.
(a)Â
The information submitted by the applicant at the time of the
granting of the temporary certificate is found to be incomplete or
incorrect;
(b)Â
Since the submission of the completed application, the applicant
is subject to a previously undisclosed or unknown disqualifying status;
(c)Â
Failure to pay all fees;
(d)Â
Since the submission of the application, the Village has received
a substantiated report regarding the past or present conduct of the
applicant;
(e)Â
Since the submission of the application, the Village or other
governmental entity has either criminally convicted or obtained a
civil injunction against the applicant for violating this chapter
or similar federal, state, or municipal laws in a manner rising to
the level of a disqualifying status; or
(f)Â
Since the submission of the application, a final civil judgment
has been entered against the applicant indicating that:
(3)Â
Denial of annual certificate renewal.
(a)Â
The information submitted by the applicant when seeking renewal
of a certificate is found to be incomplete or incorrect;
(b)Â
Since the submission of the renewal application, the applicant
is subject to a previously undisclosed or unknown disqualifying status;
(c)Â
Failure to pay all fees;
(d)Â
Since the submission of the application or granting of a certificate,
the Village has received a substantiated report regarding the past
or present conduct of the solicitor;
(e)Â
The Village or other governmental entity has either criminally
convicted or obtained a civil injunction against the applicant for
violating this chapter or similar federal, state, or municipal laws
in a manner rising to the level of a disqualifying status; or
(f)Â
Since the submission of the application, a final civil judgment
has been entered against the applicant indicating that:
B.Â
Suspension or revocation. The Village shall either suspend or revoke
a certificate when any of the reasons warranting the denial of a certificate
occurs and/or for any violation of this chapter.
C.Â
Notice of denial or suspension. Upon determination of the licensing
officer to deny an applicant's completed application or to suspend
a registered solicitor's certificate, the Village shall cause
written notice to be sent to the applicant or registered solicitor
by certified mail return receipt requested to the address set forth
in the application. The notice shall specify the grounds for the denial
or suspension, the documentation or information the Village relied
on to make the decision, the availability of the documentation for
review by applicant upon three business days' notice to the Village,
and the date upon which the denial or suspension of the certificate
shall take effect. It shall further state that the applicant or registered
solicitor shall have 10 business days from the receipt of the notice
of denial or suspension to appeal the same. The denial or suspension
of the certificate shall be effective no sooner than three calendar
days from the date the notice is sent. The denial or suspension shall
remain effective unless and until the order is rescinded, overturned
on appeal, or determined by a court to be contrary to equity or law.
Failure to timely appeal the suspension of a certificate automatically
results in its revocation.
An applicant or registered solicitor whose certificate has been
denied or suspended shall have the right to appeal to the Village
Board of Trustees. Any appeal must be submitted by either the applicant,
the responsible person or entity, or legal counsel for either who
documents the relationship with the applicant or responsible person
or entity; or is licensed or authorized by the State of New York to
do so, and makes the assertion of an agency relationship. The following
procedures and requirements shall apply:
A.Â
Any appeal must be submitted in writing to the Village Clerk with
a copy to the license officer within 10 business days of the date
of the decision from which the appeal is taken. Such appeal shall
describe in detail the nature of the appeal, the action complained
of and the grounds for appeal.
B.Â
Upon request of the applicant or registered solicitor, within two
business days, the Village will make available any information upon
which it relied in making the determination to either deny or suspend
the certificate.
C.Â
The Village Board of Trustees shall review, de novo, all written
information submitted by the applicant or registered solicitor to
the licensing officer, any additional information relied upon by the
licensing officer as the basis for denial, suspension or revocation,
and any additional information supplied by the Village, applicant
or registered solicitor. Any additional information submitted by any
party to the appeal to the Village Board of Trustees shall be simultaneously
submitted to the opposing party. If desired, any party shall have
three business days to submit rebuttal documentation to the appeals
officer regarding the additional information submitted by the opposing
party.
D.Â
The Village Board of Trustees will render a decision no later than 30 calendar days from the date all of the information noted in Subsections A, B and C is received.
(1)Â
The denial or suspension of the certificate shall be reversed by
the Village Board of Trustees if, upon review of the written appeal
and information submitted, the Village Board of Trustees finds that
the licensing officer made a material mistake of law or fact in denying
or suspending the applicant or registered solicitor's certificate.
(2)Â
If the written appeal and information submitted indicates that the
licensing officer properly denied or suspended the certificate of
the applicant or registered solicitor, the denial or suspension of
the certificate shall be affirmed and constitute a determination that
any suspended certificate is revoked.
(3)Â
The decision of the appeals officer shall be delivered to the applicant
or registered solicitor by the means designated in the completed application,
or as otherwise agreed upon when the appeal was filed.
E.Â
After the ruling of the Village Board of Trustees, the applicant
or solicitor is deemed to have exhausted all administrative remedies
with the Village and if aggrieved may appeal to the New York State
Supreme Court by means of a special proceeding pursuant to Article
78 of New York Civil Practice Laws and Rules (CPLR) within 30 days
of the Village Board's ruling.
A.Â
No solicitor shall intentionally make any materially false, fraudulent,
or otherwise misleading statement in the course of soliciting.
B.Â
A solicitor shall immediately disclose to the consumer during any
face-to-face solicitation the name of the solicitor; the name and
address of the entity with whom the solicitor is associated; and the
purpose of the solicitor's contact with the person and/or competent
individual. This requirement may be satisfied through the use of the
badge and an informational flyer.
C.Â
No solicitor shall use a fictitious name, an alias, or any name other
than his or her true and correct name.
D.Â
No solicitor shall represent directly or by implication that the
granting of a certificate of registration implies any endorsement
by the Village of the solicitor's goods or services or of the
individual solicitor.
A.Â
Any occupant of a residence may give notice of a desire to refuse
solicitors by displaying a "No Solicitation" sign, which shall be
posted on or near the property line adjacent to the sidewalk or other
entrance area leading upon or to the residence.
B.Â
The display of such sign or placard shall be deemed to constitute
notice to any solicitor that the inhabitant of the residence does
not desire to receive and/or does not invite solicitors.
C.Â
It shall be the responsibility of the solicitor to check each residence
for the presence of any such notice before entering the property of
such residence.
D.Â
The prohibitions of this chapter shall apply also to solicitors who
are exempt or otherwise excluded from registration pursuant to the
provisions of this chapter.
E.Â
In addition and/or alternatively, any person who owns, rents, and/or
otherwise occupies a residence and/or business in the Village who
does not wish to have anyone enter upon and/or call upon the residence
or business to solicit may inform the Village Clerk's Office
of the same in writing and the Village Clerk's Office shall maintain
and make available for public inspection a list of the addresses of
those persons that do not want anyone to enter upon and/or call upon
their residence and/or place of business. A list of addresses of those
persons not wanting solicitors to enter upon and/or call upon their
residence and/or place of business shall be given to each person who
files an application for a solicitation license in the Village.
A.Â
Every person soliciting or advocating shall check each residence
for any "No Soliciting" sign or placard or any other notice or sign
notifying a solicitor not to solicit on the premises, such as, but
not limited to, "No Solicitation" signs. If such sign or placard is
posted, such solicitor shall desist from any efforts to solicit at
the residence or dwelling and shall immediately depart from such property.
Possession of a certificate of registration does not in any way relieve
any solicitor of this duty;
B.Â
It is a violation of this chapter for any person soliciting or advocating
to knock on the door, ring the doorbell, or in any other manner attempt
to attract the attention of an occupant of a residence that bears
a "No Solicitation" sign or similar sign or placard for the purpose
of engaging in or attempting to engage in advocating, a home solicitation
sale, door-to-door soliciting, or soliciting;
C.Â
It is a violation of this chapter for any solicitor, through ruse,
deception, or fraudulent concealment of a purpose, to solicit to take
action calculated to secure an audience with an occupant at a residence;
D.Â
Any solicitor who is at any time asked by an occupant of a residence
or dwelling to leave shall immediately and peacefully depart, and
shall not attempt to persuade the occupant otherwise;
E.Â
The solicitor shall not intentionally or recklessly make any physical
contact with or touch another person without the person's consent;
F.Â
The solicitor shall not follow a person into a residence without
their explicit consent;
G.Â
The solicitor shall not continue repeated soliciting after a person
and/or competent individual has communicated clearly and unequivocally
their lack of interest in the subject, goods or services of the solicitor;
and
H.Â
The solicitor shall not use obscene or lewd language or gestures.
It shall be unlawful for any person, whether licensed or not,
to solicit at a residence before 9:00 a.m. or after 6:00 p.m., unless
the solicitor has express prior written permission from the resident
to do so.
In any home solicitation sale, unless the buyer requests the
solicitor in writing to provide goods or services without delay and
specifically waives the buyer's right to cancel, the seller or
solicitor shall present to the buyer and obtain buyer's signature
to a written statement which informs the buyer of the right to cancel
within the 10th business day after signing an agreement to purchase.
Such notice of buyer's right to cancel shall be in the form required
by the Village.
Any fee called for by this chapter shall be established by resolution
of the Village Board.
Any person found guilty of violating any term or provision of
this chapter shall be guilty of a misdemeanor and shall be punished
by a fine not to exceed $250 for the first offense, $500 for the second
offense within 18 months and $1,000 and/or a jail sentence of not
to exceed six months for the third offense within 18 months.
A.Â
The Police Department of the Village of Florida and/or the enforcement
official as may be designated, is charged with enforcing the provisions
of this chapter and shall have the power, right and authority to issue
an appearance ticket, as the same is defined in Article 150 of the
Criminal Procedure Law of the State of New York, for the violation
of any section of this chapter.
B.Â
Any persons claiming to be aggrieved by an alleged unlawful practice
forbidden by this chapter may, by himself or by his attorney at law,
make, sign and file a complaint directly with the Police Department,
or with the Village Clerk, who shall forward the complaint to the
Police Department for investigation.