[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
Manor as indicated in article histories. Amendments noted where applicable.]
[Derived from Section 24 of the General Code of Ordinances]
In order that the use of the village streets may be properly regulated,
the good government of the village maintained and the health, safety and general
welfare of its inhabitants preserved and promoted, the use of the streets
of the village for the sale of merchandise shall be limited to those persons
licensed as peddlers by the village. It shall be unlawful for any person,
except the lawful holder of a peddler's, hawker's, huckster's
or solicitor's license issued by the village to him and then in full
force and effect and while the same or the license number identifying it is
displayed conspicuously upon the vehicle or receptacle from which merchandise
is sold or upon the person of such peddler, hawker, huckster or solicitor
at any time to sell, peddle or hawk personal property, produce, garden truck,
food or other merchandise of any sort whatsoever in the streets of the village
or solicit orders or subscriptions for future delivery.
All such licenses and the continuance thereof in effect shall be conditioned
upon the obedience of such license holder to the following rules. It shall
be unlawful for any licensee:
A. To misrepresent maliciously or fraudulently the quality,
character or quantity of any article offered for sale, or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B. To allow the vehicles or receptacles used by him to be
in an unclean or unsanitary condition or the foodstuffs or eatables offered
for sale to remain uncovered or unprotected from dirt, dust and insects.
C. To blow a horn, ring a bell or use any other noisy device,
or shout or call to attract public attention to his wares, or shout or cry
out his wares.
D. To stand or permit the vehicle used by him to stand in
one place in any public place or street for more than five minutes, or in
front of any premises for any time if the owner or lessee thereof or of any
part of thereof objects.
E. To permit any vehicle used by him to stop on or remain
on any crosswalk.
F. To sell any confection, beverage or ice cream within
250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
G. To solicit orders from pedestrians or occupants of automobiles.
H. To create or maintain any booth, cart, automobile or
stand or place any barrel, crate, box or other obstacle upon any street or
public place for the purpose of selling or exposing for sale any goods, wares
or merchandise.
The above regulations shall also apply to every honorably discharged
member of the armed forces of the United States who has been issued a license
by the County Clerk in accordance with the provisions of § 32, Subdivision
8, of the General Business Law.
[Adopted 11-24-1997 by L.L. No. 3-1997]
In order to maintain the peace and good order of the Village of Pelham
Manor; to protect the peace and tranquillity of the residential neighborhoods
of the village; to protect the residents of the village from annoyance by
preventing unwelcome interference with their privacy, with their rest and
with the enjoyment of their homes; to assist in the prevention of crime in
the residential neighborhoods of the village; to reduce the risk of safety
hazards occasioned by unrestricted soliciting on or about the streets of the
village; to prevent breaches of the peace on the streets and at the residences
within the village; and to protect the health, comfort and convenience of
the residents of the village by regulating the time, place and manner in which
solicitation is permitted, and, in order to do so, to facilitate the investigation
of solicitors coming into the village, establish the conditions under which
they shall operate within the village, and to make such investigation and
regulation possible and, in part at least, to defray the cost thereof, it
shall be unlawful for any person to act as a solicitor, except in compliance
with this article.
No person shall act as a solicitor without having been granted a certificate
of registration as such pursuant to this section or, if the person has been
granted a certificate of registration, in violation of the terms and conditions
thereof. As used in this section, the term "solicitor" shall mean any person
who goes from door-to-door or otherwise approaches persons within the village
for the purpose of making surveys for research purposes, analysis or opinion
polls; distributing information; recruiting supporters; obtaining signatures
on petitions; advocating for a particular cause; or soliciting contributions
for any person or organization.
Any person desiring to be granted a certificate of registration to act
as a solicitor shall submit an application therefor to the Chief of Police,
in accordance with the terms of this section.
A. The application shall be made on a form provided by the
Chief of Police, and shall state:
(1) The full name, and any former name, of the applicant;
(2) The complete permanent home and local address of the
applicant and telephone number at each such address;
(3) The name, address and telephone number of the entity,
organization or person at the direction of which or on behalf of which the
applicant intends to solicit;
(4) The applicant's height, weight, date of birth, color
of hair and color of eyes;
(5) The names of the streets on which the applicant requests
permission to solicit;
(6) The date or dates on which the applicant requests permission
to solicit; and
(7) If a vehicle is to be used in connection with the proposed
soliciting, the make, model, year, color and license plate number of such
automobile, and the name, address and telephone number of the person who will
be driving the vehicle.
B. The application shall be accompanied by the following
documentation:
(1) Two photos showing the full face and shoulders of the
applicant, not less than two inches by two inches in size, taken not more
than 60 days prior to application.
(2) Proof that the applicant is a citizen or lawful resident
of the United States of America.
(3) If a vehicle is to be used in connection with the proposed
soliciting:
(a) A copy of the valid driver's license of the person
who will be driving the vehicle;
(b) A statement signed by the person who will be driving
the vehicle authorizing the village to investigate such person's driving
record;
(c) A photograph of the vehicle, not less than two inches
by two inches in size, taken not more than 60 days prior to the date of the
application;
(d) A copy of the valid registration certificate for the
vehicle; and
(e) A valid certificate evidencing that the vehicle is insured
as required by the laws of the State of New York.
(4) A statement that the applicant:
(a) Has read and understood this article.
(b) Agrees to notify the Chief of Police promptly of any
change in the information set forth in the application.
(c) Recognizes that any material misstatement of fact in
or omission from the application may result in immediate revocation of the
certificate of registration which may be issued pursuant to this section.
C. The application and accompanying documentation required
pursuant to this section shall be submitted to the Chief of Police not less
than 45 days prior to the first date on which the applicant proposes to solicit.
The Chief of Police shall either grant or deny the application for a
certificate of registration within five business days of the date on which
a completed application and all of the documentation required pursuant to
this section are received.
A. The Chief of Police shall not deny an application for
a certificate of registration as a solicitor except upon finding that:
(1) The applicant has failed to submit the documentation
required pursuant to this article;
(2) The applicant has made a material false statement or
has submitted false documentation in connection with the application;
(3) The applicant has willfully failed to comply with the
conditions of a certificate of registration previously issued pursuant to
this section; or
(4) Fewer than six months have elapsed since the applicant
was last denied registration pursuant to this section or had such registration
revoked, and the applicant cannot establish to the satisfaction of the Chief
of Police that the reason for the denial or revocation no longer exists.
B. Each certificate of registration as a solicitor granted
pursuant to this section shall be subject to, and no person shall solicit
except in accordance with, the following terms and conditions:
(1) A certificate of registration shall not be assignable.
Any holder of such certificate who permits it to be used by any other person
and any person who uses a certificate granted to any other person shall each
be guilty of a violation of this section.
(2) Every solicitor shall carry the certificate of registration
with him at all times while soliciting and shall exhibit the same upon demand.
(3) The certificate of registration shall be valid for a
period of two months or for the date or dates on which the applicant proposes
to solicit as stated on the application, whichever is shorter.
(4) No solicitor shall place a table on any sidewalk for
the purpose of soliciting therefrom or solicit:
(a) On any roadway which is open to vehicular traffic;
(b) In any area other than the specific areas stated in the
application;
(c) While sitting or lying on a sidewalk; or
(d) Within 50 feet of a financial institution automated teller
machine.
(5) No solicitor shall solicit before 9:00 a.m. or after
7:00 p.m. or one-half hour after sunset, whichever shall be later.
(6) No solicitor shall enter or attempt to enter any residence
without an express invitation from the occupant of such residence.
(7) No solicitor shall knowingly enter upon any property identified on the list maintained by the Chief of Police pursuant to §
151-11 of this article, or where there is displayed to public view any sign containing the words "No Solicitors," "No Soliciting," or other wording, the purpose of which purports to be to prohibit soliciting on the premises.
(8) No solicitor shall remain on a premises or continue to
solicit thereon after being asked by the resident, owner or other person in
charge thereof to leave the premises or to cease soliciting thereon, respectively.
(9) No solicitor shall:
(a) Touch the solicited person without the solicited person's
consent;
(b) Use words which are offensive and inherently likely to
provoke an immediate reaction;
(c) Threaten the person solicited with physical harm by word
or gesture, which such conduct would make a reasonable person fearful of the
threatened harm;
(d) Come closer than three feet to a person solicited;
(e) Block or impede a person's passage; or
(f) Follow a person after such person declines a solicitation.
(10) The solicitor shall notify the Chief of Police, in writing,
of any change of control in the ownership, management, name or location of
the entity, organization or person at the direction of which or on behalf
of which the applicant intends to solicit within 10 days thereof.
The Chief of Police may revoke a certificate of registration issued
pursuant to this section if such certificate was granted in violation of this
section or the registrant has failed to comply with the terms and conditions
of the certificate of registration or has otherwise violated this section.
Notice of such revocation and the reason or reasons therefor, in writing,
shall be provided to the registrant by the Chief of Police either by delivering
the same personally to the registrant or by mailing the same to the registrant's
address as set forth in the application. If the certificate of registration
is revoked by reason of the registrant's failure to comply with the terms
and conditions thereof, the certificate of registration shall be suspended
immediately upon the personal delivery of the notice of revocation, or, if
the notice of revocation is mailed, three days from the date of mailing. The
registrant shall be entitled to a hearing with respect to such revocation,
provided that the registrant requests such a hearing, in writing, within 30
days of receiving the notice of revocation. The hearing shall be held within
five days of receipt of the request therefor. Upon revocation, the certificate
issued pursuant to this section shall be surrendered to the Chief of Police.
Any person aggrieved by any determination of the Chief of Police made
pursuant to this section shall have the right to appeal such determination
to the Village Manager by filing a notice of such appeal, stating the grounds
upon which the appeal is based, within 30 days of receipt of notice of the
determination of the Chief of Police. The determination of the Village Manager
shall be rendered within 10 days of receipt of the notice of appeal and shall
be subject to judicial review in accordance with applicable law.
Whenever a certificate issued under the provisions of this article shall
be lost or destroyed, the Chief of Police shall issue a duplicate in lieu
thereof under the original application upon the filing with him by the registrant
of an affidavit setting forth the circumstances of the loss and the actions
taken to recover the original certificate. The registrant shall pay a fee
for such replacement of a lost certificate in the amount provided in the schedule
of fees.
The Chief of Police shall maintain a list of the addresses of those
village residents who desire that solicitors not enter upon their property,
and shall provide a copy of such a list to each solicitor the time a certificate
of registration is granted.
Nothing contained in this article shall be read to subject the village
or its officials, agents, attorneys or employees to liability for damages
or otherwise arising out of or related to the conduct of any activity by a
person to whom a certificate of registration is granted pursuant to this section.