[HISTORY: Adopted by the Board of Trustees of the Village
of Elmsford 12-12-2022 by L.L. No. 5-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 248,
Peddling and Soliciting, adopted 12-15-1930, as amended.
In order to promote the peace, comfort, safety and well-being
of the inhabitants of the Village of Elmsford and to protect these
inhabitants from unwanted intrusions upon the privacy of their homes
and home lands, the practice of going in and upon private lands and
residences in the Village of Elmsford by solicitors, peddlers, hawkers,
itinerant merchants or transient vendors of merchandise or services
who are not otherwise permitted to enter upon private lands and residences
by applicable law, not having been requested or invited so to do by
the owner or occupants of such private lands or residences, for the
purpose of soliciting orders on a commercial basis for the sale of,
or disposing of, goods, wares and merchandise and/or disposing of
and/or peddling or hawking the same is declared to be a violation
of this chapter. For purposes of this chapter, a canvasser or solicitor
shall also be deemed to be one who is not in the business of selling
goods but who makes surveys for research purposes, analysis, opinion
polls, rating data and any such similar work which, of its nature,
involves a door-to-door or place-to-place activity, and shall include
persons going from door to door or place to place for the purpose
of contributions or donations for any persons or organization.
No person shall by foot, animal, vehicle or other means go in or upon any private land or residence within the Village of Elmsford for the purpose of soliciting an invitation or request for any of the purposes set forth in § 248-1 hereof, except for children 17 years of age or younger, with or without an accompanying adult, who are a) offering sales of cookies, cakes, coupons, or other fundraising items as part of an annual fund drive for a local school, team, or recognized civic organization; or b) offering snow shoveling or plowing services shortly after a storm or any other minor chores, including but not limited to car washing or lawn mowing, for which children may be typically compensated from time to time.
A.
No person shall hawk, peddle or vend services, goods, wares or merchandise,
nor shall any person canvass or solicit subscriptions or orders for
immediate or future delivery of any such goods, wares or merchandise
within the Village of Elmsford, without first having obtained a license
therefor upon written application to the Village Administrator. Such
application shall be made to the Village Administrator upon a form
provided by the Village Administrator, setting forth the following
information:
(1)
Name, residence address, cell phone number, and email address of
the applicant.
(2)
Name and address of the applicant's employer or, if self-employed,
the applicant's business name and address.
(3)
The applicant's place or places of residence for the past five
years.
(4)
The applicant's business or businesses for the past five years
with address or addresses.
(5)
The applicant's age, height, weight, color of eyes and color
of hair.
(6)
Two color photographs, two inches by two inches, of the applicant
taken not more than 60 days prior to the date of filing of the application,
showing the full face and shoulders of the applicant.
(7)
Whether or not the applicant has ever been convicted of a felony,
misdemeanor, or violation of any municipal ordinance (other than traffic
violations) and, if so, a statement setting forth in each instance
the offenses, in what courts and a description of the sentences imposed.
(8)
Whether any license previously issued to the applicant for hawking,
peddling, or soliciting for orders was ever revoked and, if so, a
statement setting forth in each instance the licensing authority,
the date of revocation and the reason therefor.
(9)
If the applicant is employed by or under contract with another person,
firm or corporation, the name and address of such person, together
with appropriate evidence of the employment or contract and the applicant's
relationship and authority to represent the person.
(10)
If the applicant proposes to use or operate a vehicle in connection
with his proposed activities in the Village, a description of the
vehicle, together with registration data thereof, and the operator's
license number of the person operating the vehicle.
(11)
If the applicant proposes to distribute any literature or materials,
a copy of same shall be provided with the application.
(12)
A brief description of the services, goods, wares, and merchandise
proposed to be sold, offered for sale or disposed of, the place of
production, manufacture, publication or printing thereof, as the case
may be, and the place from which any such goods, wares and merchandise
are proposed to be forwarded to a prospective vendee within the Village.
(13)
The applicant's fingerprints, on condition that the same
be taken by the Elmsford Police Department at the time the application
is submitted, shall be submitted with the application.
B.
Notwithstanding the provisions of § 248-3A above, an ice-cream truck which is duly licensed by the Town of Greenburgh, which license is in full force and effect, shall not require a separate license from the Village of Elmsford in order to operate within the Village bounds. Such license shall be displayed on the truck and/or made available for examination by an enforcing officer as designated in § 248-12 hereof. Ice-cream trucks shall not operate in or upon Village parks or stop within 250 feet of any public or parochial school on school days during school hours.
Each applicant shall pay a permit fee to the Village for a license
for peddling and soliciting, as set forth in the Master Fee Schedule
adopted by the Village Board, as same may be amended from time to
time.
A license shall be issued only to and in the name of a natural
person. Every such license shall be personal to the licensee and shall
not be transferable.
The Village Administrator may deny the application of any person
only on one or more of the following grounds:
A license shall be valid to and including the 31st day of December
in the same calendar year as the date of the license, unless previously
suspended or revoked as provided by law.
No licensee shall use duress or abusive language, nor in any
manner harass or intimidate any occupant or owner of a residence during
the course of any solicitation. Each licensee shall, regardless of
whether he shall have a prior express invitation or not, exhibit his
license to the owner or occupant prior to entry in or upon a residence,
whether or not required to do so by such owner or occupant.
Notwithstanding any other provisions of this chapter to the
contrary, no person shall hawk, peddle or vend or solicit orders for
any services, goods, wares or merchandise within the Village before
the hour of 9:00 a.m. or after 9:00 p.m., or at any time on Sunday
and federal holidays.
A.
The Village Administrator shall maintain a "Do Not Solicit" list
of residents who do not wish to allow registrants under this chapter
upon their property. The "Do Not Solicit" list shall contain only
the street address of the property and no personal ownership information.
B.
All residents shall be permitted to have their property listed on
the "Do Not Solicit" list by submitting a written or electronic request
to the office of the Village Administrator.
C.
On an annual basis, the Village Administrator shall remove from the
"Do Not Solicit" list any property for which ownership shall have
changed subsequent to the time of listing.
D.
Every licensee under this chapter shall be provided a copy of the
then current "Do Not Solicit" list. Where more than one individual
will be engaged in canvassing or soliciting activities on behalf of
an organization, group, company, or other entity, it shall be the
obligation of that entity to provide true copies of the "Do Not Solicit"
list to each such individual. No canvasser or solicitor shall enter
onto or into any property that is listed on the "Do Not Solicit" list.
E.
No canvasser or solicitor shall enter onto or into any property on
which there is a sign or signs posted stating "No Solicitors" or conveying
a similar message forbidding the entry of any person onto the property.
It shall be the responsibility of registered canvassers and solicitors
to check each residence for the presence of any such notice.
F.
Being listed on the "Do Not Solicit" list or the presence of such
a sign shall constitute sufficient notice to any registered canvasser
or solicitor of the intent of the occupant of the residence to be
free from such solicitation or canvassing.
G.
It shall constitute a violation of this chapter for any canvasser or solicitor to go upon any premises and ring a doorbell, knock, or make or create any sound designed to attract the attention of the occupant with the purpose of gaining access to the occupant or entering onto or into the premises for the purpose of engaging in soliciting or canvassing where the premises is included on the "Do Not Solicit" list or has posted notice in the manner described in Subsection E of this section.
Any police officer, peace officer, constable, or code enforcement
officer of the Village of Elmsford may require any person peddling,
hawking, vending or soliciting, and who is not known by such officer
to be duly licensed, to produce his license, and any police officer
shall enforce the provisions of this chapter against any person found
to be violating the same.
The Chief of Police shall report to the Village Administrator
all convictions for violation of this chapter. The Village Administrator
shall maintain a record for each license issued and record the reports
of violations therein. No person shall be entitled to apply for a
license under this chapter who shall have been previously convicted
of a violation of this chapter.
The license of any licensee under the terms of this chapter
may be suspended by the Village Administrator upon verified complaint
pending a hearing by the court before which such person shall be tried
for any violation of this chapter. Upon such suspension, the licensee
shall surrender his license to the Village Administrator immediately
and the Village Administrator shall retain same pending such hearing
and determination. The Village Administrator shall give notice of
such suspension, in writing, setting forth the grounds of such suspension
and the date of a prompt hearing thereon, such notice to be mailed
to the address of the licensee at the address shown on the license
or by delivering same to such licensee personally.
After a prompt public hearing thereon, at which the licensee
shall have an opportunity to be heard, the Board of Trustees may revoke
any license issued under the authority of this chapter for any reason
for which an application could be denied or for violation of any provision
of this chapter or upon the proven complaint of any person of any
unlawful conduct by the licensee.
Any person aggrieved by denial of a license under the terms
of this chapter shall have the right of appeal to the Board of Trustees.
Such appeal shall be taken by filing with the Board of Trustees, within
14 days after the denial of the license, a written statement setting
forth fully the grounds for the appeal. The Board of Trustees shall
then hold a public hearing on such appeal.
Any person violating any provision of this article shall, upon
conviction, be punished in the discretion of the court by a fine of
not more than $500 and/or revocation of any license granted hereunder.
As used in this article, the following terms shall have the
meanings indicated:
Approaching or speaking to a person, or following a person before,
during or after soliciting, asking or begging, if that conduct is
intended or is likely to cause a reasonable person to i) fear bodily
harm to oneself or to another, damage to or loss of property, or the
commission of any offense, as defined in § 10 of the Penal
Law, upon oneself or another, or ii) otherwise be intimidated into
giving money or other thing of value, or iii) suffer unreasonable
inconvenience, annoyance or alarm;
Intentionally touching or causing physical contact with another
person or an occupied vehicle without that person's consent in
the course of soliciting, asking or begging;
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact; or
Using violent or threatening gestures toward a person solicited.
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 comprised of one or more automated teller machines
and any adjacent space which is made available to banking customers
after regular banking hours.
Any banking corporation organized under or subject to the
provisions of Article 3 of the New York State Banking Law.
Any person duly licensed by the Superintendent of Banks to
engage in the business of cashing checks, drafts, or money orders
for consideration pursuant to the provisions of Article 9-A of the
Banking Law.
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, any street, highway,
parking lot, plaza, transportation facility, school, place of amusement,
park, playground, and any hallway, lobby and other portion of an apartment
house or hotel not constituting a room or apartment designed for actual
residence.
Includes using the spoken, written, or printed word, or bodily
gestures, signs or other means with the purpose of obtaining an immediate
donation of money or other thing of value or soliciting the sale of
goods or services.
A.
No person shall solicit, ask, or beg in an aggressive manner in any
public place.
B.
No person shall solicit, ask, or beg within 10 feet of any entrance
or exit of any bank or check cashing business during its business
hours or within 10 feet of any automated teller machine during the
time it is available for customers' use; provided, however, that
when an automated teller machine is located within an automated teller
machine facility, such distance shall be measured from the entrance
or exit of the automated teller machine facility; provided further
that no person shall solicit, ask, or beg within an automated teller
machine facility where a reasonable person would or should know that
he or she does not have the permission to do so from the owner or
other person lawfully in possession of such facility. Nothing in this
subsection shall be construed to prohibit the lawful vending of goods
and services within such areas.
C.
No person shall approach an operator or other occupant of a motor vehicle while such vehicle is located on any street for the purpose of either performing or offering to perform a service in connection with such vehicle or otherwise soliciting the sale of goods or services, if such approaching, performing, offering, or soliciting is done in an aggressive manner, as defined § 248-18; provided, however, that this subsection shall not apply to services rendered in connection with the lawful towing of such vehicle or in connection with emergency repairs requested by the operator or other occupant of such vehicle.
The provisions of this article shall not apply to any unenclosed
automated teller machine located within any building, structure, or
space whose primary purpose or function is unrelated to banking activities,
including but not limited to supermarkets, airports and school buildings,
provided that such automated teller machine shall be available for
use only during the regular hours of operation of the building, structure
or space in which such machine is located.
Any violation of the provisions of this article shall constitute
a misdemeanor punishable by imprisonment for not more than 16 days
or by a fine not to exceed $100, or by both.
