Village of Massena, NY
St. Lawrence County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massena 10-2-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Garage sales — See Ch. 176.
Handbills, notices and billboards — See Ch. 180.
Noise — See Ch. 200.
Peace and good order — See Ch. 204.
Peddling and soliciting — See Ch. 210.
Special events — See Ch. 242.
Transient merchants — See Ch. 276,
As used in this chapter, the following terms shall have the meanings indicated:
A. 
Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent.
B. 
Following the person being solicited, if that conduct is:
(1) 
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(2) 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
C. 
Continuing to solicit within five feet of the person being solicited after the person has made a negative response, if continuing the solicitation is:
(1) 
Intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(2) 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
D. 
Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one's constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to this Code, shall not constitute obstruction of pedestrian or vehicular traffic.
E. 
Intentionally or recklessly using obscene or abusive language or gestures:
(1) 
Intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(2) 
Words intended to or reasonably likely to intimidate the person into responding affirmatively to the solicitation.
F. 
Approaching the person being solicited in a manner that:
(1) 
Is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or
(2) 
Is intended to or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
AUTOMATED TELLER MACHINE
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.
AUTOMATED TELLER MACHINE FACILITY
The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
BANK
Any banking corporation.
CHECK-CASHING BUSINESS
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 the banking laws.
PUBLIC AREA
An area to which the public or a substantial group of persons has access and includes, but it not limited to, alleys, bridges, buildings, driveways, parking lots, parks, playgrounds, plazas, sidewalks and streets open to the general public and the doorways and entrances to buildings and dwellings and the grounds enclosing them.
SOLICIT
To request an immediate donation of money or other thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication.
It shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services:
A. 
In an aggressive manner in a public area;
B. 
In any public transportation vehicle, or bus or bus station or stop;
C. 
Within 15 feet of any entrance or exit of any bank or check-cashing businesses or within 15 feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check-cashing business without the consent of the owner or the other person legally in possession of such facilities; 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;
D. 
On private property of an owner, tenant, or lawful occupant who has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or
E. 
From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle's windows, or for blocking, occupying, or reserving a public parking space, or directing the occupant to a public parking space; provided, however, that this subsection shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle.
A. 
A violation of this chapter may be punished by a fine not to exceed $100 or by imprisonment for a term not to exceed 30 days, or by both. If the person has been convicted of a violation of this chapter within the previous period of one year, the person shall be fined not more than $250 or imprisoned for not more than 90 days, or both.
B. 
In lieu of, or in addition to the penalty provided in this section, a person in violation of this chapter may be required to perform community service work as described by the court.