[HISTORY: Adopted by the Board of Trustees of the Village
of Westhampton Beach 3-3-2016 by L.L. No. 1-2016;[1] amended in its entirety 4-4-2019 by L.L. No. 3-2019. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 123.
Outdoor sales and displays — See Ch. 140.
Trespassing — See Ch. 172.
[1]
Editor's Note: This local law also repealed former Ch.
128, Peddling and Soliciting, adopted 4-8-1988 by L.L. No. 5-1998,
as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be considered as synonymous with the terms "solicit"
and "solicitor." A person who attempts to make personal contact with
a resident at his/her residence without prior invitation or appointment
from the resident for the primary purpose of:
Attempting to enlist support for or against a particular religion,
philosophy, ideology, political party, issue or candidate, even if
incidental to such purpose the canvasser accepts the donation of money
for or against such cause; or
Distributing a handbill or flyer advertising a noncommercial
event or service.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States, in accordance with federal statute or regulation,
and any newspaper filed and recorded with any recording officer as
provided by general law and, in addition thereto, any periodical or
current magazine regularly published with not less than four issues
per year and sold to the public.
To go from house to house, from store to store, from place
to place or from street to street or to stand in a fixed or stationary
position, or any combination thereof, to sell and make immediate delivery
or offer for sale and delivery any goods, wares, merchandise or provisions
in possession of the seller at any place within the Village of Westhampton
Beach other than from a fixed place of business.
A person who peddles, as defined herein. A "peddler" does
not include a person who distributes handbills or flyers for a commercial
purpose, advertising an event, activity, good or service that is offered
to the resident for purchase at a location away from the residence
or at a time different from the time of the visit. Such a person is
a "solicitor."
A vehicle, as defined in the Vehicle and Traffic Law of the
State of New York, designed or used for the sale at the vehicle of
food, beverages, ice cream and other items intended for human consumption
or for the sale of merchandise at the vehicle or for services rendered
or to be rendered in, on or at the vehicle as, for example, in the
sharpening of tools and lawn mowers.
Any dwelling, house, building or other structure designed
or used either wholly or in part for private residential purposes,
whether inhabited, temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, steps,
vestibule or mailbox belonging to or appurtenant to such dwelling,
house, building or other structure.
Any and all streets, boulevards, avenues, lanes, alleys or
other public ways and any and all public parks, squares, plazas, grounds
and buildings.
A person who goes from house to house, from store to store,
from place to place or from street to street or stands in a fixed
or stationary position, or any combination thereof for the primary
purpose of:
Attempting to obtain a donation to a particular patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
charitable, political or religious purpose, where the organization
for which the person is acting is not exempt from the registration
requirements of Article 7-A of the Executive Law of the State of New
York;
To take orders for goods, wares, merchandise, provisions or
services for future delivery; or
Distributing a handbill or flyer advertising a commercial event
or service.
A.
It shall be unlawful for any person to act as a peddler or solicitor
within the Village of Westhampton Beach without having first obtained
a valid permit therefor, as provided hereunder. A canvasser is not
required to have a permit.
B.
Every employer who hires a person to act as a peddler or solicitor
on his or her behalf shall share the same responsibility with respect
to penalties hereunder, in the event that said person shall peddle
or solicit without having first obtained a valid permit.
Applicants for a permit under this chapter must file with the
Board of Trustees, Village of Westhampton Beach, an application in
the form of a sworn affidavit, in duplicate, which shall give the
following information:
A.
The name and description of the applicant.
B.
The permanent and local address (if any) of the applicant.
C.
A brief description of the nature of the business and the kind of
goods or property to be peddled or solicited. (Copies of the literature
to be distributed may be substituted for this description at the option
of the applicant.)
D.
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor or offense against any municipal ordinance
or local law, and, if applicable, a listing of the applicant's
offenses, misdemeanor and felony convictions for the seven years prior
to the application, the nature of the crime or offense, and the punishment
or penalty assessed therefor.
E.
Two photographs of the applicant taken not more than 60 days prior
to the date of filing of the application, which pictures shall not
be larger than 1 1/2 by 1 1/2 inches, clearly showing the
head and shoulders of the applicant.
F.
Date and place of birth of the applicant.
G.
If the applicant is employed to peddle, the name and permanent address
of his or her employer and/or business offering the event, good or
service, together with credentials establishing the employment relationship.
H.
If the applicant is employed to solicit, the name, permanent address,
and website address of the organization, person, or group for whom
donations are accepted, along with credentials establishing the employment
relationship.
I.
In any application for a permit or renewal hereunder, the applicant
shall produce a valid certificate of registration and certificate
of authority as required by the New York State Department of Taxation
and Finance.
J.
The motor vehicle make, model, year, color, and state license plate
number of any vehicle which will be used by the applicant for peddling
or soliciting.
K.
Any person or any employee of any organization who is required to
be registered with the New York Department of State, under the provision
of Article 7-A of the Executive Law of the State of New York relating
to the solicitation and collection of funds for charitable purposes,
must additionally exhibit evidence of this registration to the satisfaction
of the Board of Trustees.
L.
In addition to the requirements set forth above for a permit for
peddling or soliciting, applicants for a permit involving the use
of a peddling vehicle must additionally supply the Board of Trustees
with the following documentation:
(1)
A copy of the vehicle's registration evidencing that the vehicle
is currently registered to operate in the State of New York.
(2)
A copy of the vehicle's inspection sticker, evidencing that
the vehicle successfully passed a New York State inspection within
the previous 12 months.
(3)
Proof that the vehicle is appropriate for the use intended.
(4)
Proof of liability insurance on the vehicle in the amount of $1,000,000
per occurrence.
A.
Upon receipt of the sworn application, the Village Clerk shall forward
a copy thereof to the Westhampton Beach Village Police Department
for an investigation of the applicant.
B.
If the investigation shall establish that the applicant has a record
of conviction of a crime or there is a pending criminal charge against
the applicant or complaints were lodged against the applicant for
actions under a prior permit issued pursuant to this chapter, the
Westhampton Beach Village Police Department shall prepare a written
report thereof and attach a copy to the application and return both
to the Board of Trustees. The Board of Trustees shall provide the
applicant with a copy of the report, who shall have the right to respond
to the report in writing and to request a hearing before the Board
of Trustees. If no record of conviction of a crime or pending criminal
charge or prior complaint is found, a statement to this effect shall
be attached to the application, and the application shall be returned
to the Village Clerk.
C.
If the investigation establishes that the applicant has been convicted
of a crime, there is a pending criminal charge or prior complaint,
the Board of Trustees shall have the authority to determine after
a hearing that the applicant is nevertheless a fit and proper person
to hold a peddler/solicitor's permit. In that case, the application
shall be favorably received; otherwise it shall be denied. For the
purposes of this section, the term "fit and proper" shall mean that
the crime, pending charge or prior complaint in question does not
indicate that the applicant would pose any risk to the health and
safety of the Village and its residents.
D.
Upon the return of an application to the Village Clerk from the Police
Department where the applicant has had no record of a conviction of
a crime, pending criminal charge or prior complaint, or to the Village
Clerk from the Board of Trustees where the applicant has been convicted
of a crime, there is a pending criminal charge or prior complaint,
but the applicant has nevertheless received approval by the Board
of Trustees, the Village Clerk shall prepare and issue the permit
to the applicant. The permit shall contain the Seal of the Village,
the signature of the issuing officer, the name, address and photograph
of the permittee, the kind of goods to be peddled thereunder or the
purpose of the permit, the amount of fee paid, the permit number,
the date of issuance and date of expiration of such permit, as well
as the state license number or other identifying description of the
vehicle, if for a vehicular license.
E.
The Village Clerk shall notify the applicant in writing of the granting
or denial of the permit.
F.
No permit shall be issued by the Village Clerk unless all conditions
imposed by this chapter are fully complied with to the satisfaction
of the Board of Trustees.
G.
No permit shall be issued by the Village Clerk to any minor under
16 years of age.
H.
The Village Clerk shall keep a record of all permits issued.
I.
All permits will be issued annually on a calendar-year basis. All
permits issued will expire on the last day of the calendar year (December
31) in which issued. No reduction or allowance shall be made in fees
for permits issued for a fractional part of the year.
A.
If the applicant for a peddler's permit uses scales or measures
in his or her business, he or she shall also file with the application
for a permit a certificate issued by the Suffolk County Department
of Consumer Affairs, Weights and Measures Division, that the applicant's
scales or measures have been tested and sealed.
B.
If the applicant for a permit is to handle food in any form, he or
she will be required to submit with his or her application evidence
that the applicant has complied with the provisions of the Suffolk
County Department of Health Services.
C.
Every peddling vehicle permitted pursuant to this chapter selling
ice cream or other goods likely to be purchased by children shall
be equipped in the front and rear with a sign containing lettering
six inches high, inscribed with the legend "Caution. Watch out for
children."
A.
For each person proposing to peddle or solicit, the annual fee shall
be $50.
B.
For each person utilizing a peddling vehicle not exceeding a gross
weight of 5,000 pounds, there shall be an additional annual fee of
$25; for each additional 1,000 pounds of gross weight or major fraction
thereof, the addition to the annual fee shall be $25, up to a maximum
additional fee of $100.
C.
In the event of the damage, loss or destruction of any permit issued
pursuant to this chapter, the permit may be replaced by application
therefor to the Village Clerk, together with the return of the accompanying
permit, where feasible, and the payment of a fee of $10.
D.
For each peddling vehicle substituted or replaced by another vehicle,
the fee shall be $10.
E.
Fees paid for the application for a permit shall not be refundable
in the event the application is denied.
F.
Any honorably discharged veteran of the armed services of the United
States who has obtained a veteran's license from the Suffolk
County Clerk to hawk, peddle, vend or solicit trade pursuant to law
shall be exempt from paying the annual fees and any additional vehicle
permitting fees to the Village but is otherwise subject to all other
provisions of this chapter.
A.
Every peddler or solicitor permitted pursuant to this chapter shall
have his or her permit in his or her immediate possession at all times
when peddling or soliciting and shall display same upon the demand
of any person.
B.
For each vehicle licensed pursuant to this chapter, the Village Clerk
shall issue a license made of durable material which shall bear the
word "peddler" or "solicitor," the number of the permit and the calendar
year for which the license is issued. The license shall be displayed
in the rear window or rear surface of the vehicle in a conspicuous
place and shall be kept clear and readable.
C.
No permit or license issued pursuant to the provisions of this chapter
may be transferred from one person to another person, or from one
peddling vehicle to another.
A.
With the exception of § 128-11 in relation to the time of day peddling and soliciting are permitted, this chapter shall not apply to duly organized religious corporations and religious agencies, educational institutions, fraternal, patriotic, social and alumni organizations and others mentioned as exempt from the provisions of Article 7-A of the Executive Law regarding the registration of a charitable organization with the Department of State (see Executive Law § 172-a), nor to any political organization or any division, branch, part or representative thereof, or to any canvasser.
B.
This chapter shall not apply to persons engaged in the distribution
of a newspaper published at stated intervals for the purpose of conveying
news to its subscribers or buyers.
C.
The provisions of this chapter, including those which relate to the
time of day that peddling and soliciting are permitted, shall not
apply to agents or personnel representing any private or public utility
or transportation corporations incorporated under the laws of the
State of New York.
D.
This chapter shall not apply to any person who keeps, maintains or
operates a store, market, shop or similar permanent place of business
whereby he or she operates a truck or other vehicle for the purpose
of making deliveries of goods, wares, merchandise or provisions bought
or ordered at the person's place of business, nor to any person
solely engaged in the business of delivering goods, wares, merchandise
or provisions for or on behalf of one or more places of business.
Any person required by the provisions of Article 7-A of the
Executive Law of the State of New York to register with the Department
of State must, whether or not otherwise required to be permitted under
the provisions of this chapter, exhibit to the Board of Trustees evidence
of the registration. The Village Clerk shall keep a record of all
persons intending to peddle or solicit within the Village of Westhampton
Beach who have registered under Article 7-A of the Executive Law,
along with a description of the activities for which they have so
registered.
A.
It shall be unlawful for any peddler or solicitor to have any exclusive
right to any location in any street or on any public property.
B.
Any person peddling or soliciting in the Village must act in accordance
with the following prohibitions on the use of public places:
(1)
It shall be unlawful for any person to peddle or solicit within 200
feet of any place used or occupied as or for the purpose of a public
or private school or to permit his or her cart, wagon or vehicle to
stand on any street or public place within 200 feet of such school
property.
(2)
A peddler or solicitor shall not be permitted to stand in one place
for more than 20 minutes.
(3)
A peddler or solicitor shall not be permitted to peddle in any congested
area where his or her operation might impede pedestrian or vehicular
traffic.
C.
For the purpose of this section, the judgment of any peace officer
or police officer exercised in good faith shall be deemed conclusive
as to the existence of congestion and as to whether there is any impediment
of pedestrian or vehicular traffic.
A.
It shall be unlawful for any person to enter or remain upon private
premises for the purpose of peddling or soliciting except upon the
express invitation or permission of the owner, occupant or lessee
where a notice in the form of a sign or sticker has been placed upon
any door or entrance leading into the residence containing the words
"no soliciting" or "no solicitors," which is clearly visible to the
peddler or solicitor.
B.
It shall be unlawful for any person to enter upon private premises
for the purpose of peddling, soliciting or canvassing before the hour
of 9:00 a.m., prevailing time, or later than 1/2 hour after sunset
or 7:30 p.m., prevailing time, whichever is earlier, on any day of
the week, except at the express invitation of the owner or occupant.
C.
It shall be unlawful for any peddler or solicitor to peddle or solicit
for a purpose other than set out in the application upon which the
permit was issued.
A.
Permits issued under the provisions of this chapter may be revoked
by the Board of Trustees, after notice and hearing, for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for permit.
(2)
Fraud, misrepresentations or false statement made in the course of
carrying on the business as a peddler or solicitor.
(3)
Any offense against this chapter.
(4)
Conviction of any crime or misdemeanor.
(5)
Conducting the business of peddling or soliciting in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the inhabitants of the Village of Westhampton Beach.
(6)
The peddling of or soliciting for any goods or property not described
in the application for a permit herein or the peddling of or soliciting
for any goods or properties which are dangerous or injurious to the
purchaser, especially to a child.
B.
Notice of the hearing for the revocation of a permit shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of the hearing. Such notice shall be mailed, postage
prepaid, to the permittee at the address shown on the application
at least five days prior to the date set for the hearing. The decision
and order of the Board of Trustees shall be final and conclusive.
It shall be the duty of all duly authorized peace officers and
of any police officer of the Village of Westhampton Beach to enforce
the provisions of this chapter, to make arrests or issue appearance
tickets or other legal process for offenses against the provisions
of this chapter and to report to the Board of Trustees all offenses
observed, whether or not any criminal prosecution is based thereon.
The Board of Trustees shall record all reports of offenses and convictions
for offenses against this chapter.
Any person, as defined in this chapter, committing any offense
against this chapter or any section or provision thereof shall be
guilty of a violation punishable by a fine not less than $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
such fine and imprisonment. Every day the violation continues shall
be deemed to be a separate offense.
It is declared to be the intention of the Village of Westhampton
Beach that the sections, paragraphs, sentences, clauses, phrases and
words of this chapter are severable, and if any section, paragraph,
sentence, phrase or word(s) of this chapter shall be declared unconstitutional
or otherwise invalid, such unconstitutionality or invalidity shall
not affect the remaining paragraphs, sentences, clauses, phrases and
words of this chapter.
