[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 2-17-1981
by L.L. No. 4-1981.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Licensing provisions — See Ch. 86.
[1]
Editor's Note: Peddler and solicitor regulations were adopted as Art. VII of L.L. No. 4-1981, which law relates as well to Ch. 48, Boardinghouses and Rooming Houses; Ch. 68, Food-Handling Establishments; Ch. 71, Garage Sales; Ch. 82, Junk Dealers; Ch. 86, Licensing and Business Regulations; Ch. 92, Parking Field Businesses; Ch. 109, Secondhand Dealers; and Ch. 124, Theaters.
For the purpose of this chapter, the following terms shall have the
following meanings:
Shall be considered as synonymous with the terms "solicit" and "solicitor."
Any association of individuals, partnership, firm, corporation, society
or any other organization.
To go from house to house, from store to store, from street to street
or from place to place, or to remain in a stationary position other than in
a fixed place of business, or any combination thereof, and to sell or offer
to sell any goods, wares or merchandise.
Any person, corporation, firm or other entity who peddles.
To go from house to house, from store to store, from street to street
or from place to place, or to remain in a stationary position other than in
a fixed place of business, or any combination thereof, and to sell or offer
to sell any services to be performed, or for the purpose of obtaining contributions
of money or other items having value or for the obtaining of information.
Any person, corporation, firm or other entity who solicits.
No person shall peddle or solicit within the Village without obtaining
a valid license therefor as provided in this chapter.
Applicants for a license under this chapter shall file with the Village Clerk, in addition to the information required pursuant to § 86-3, the following:
To each person licensed the Village Clerk shall issue a tag which shall
bear the word "peddler" or "solicitor," the number of the license, the calendar
year for which the license is issued, in figures plainly discernible, and
a photograph of the licensee. Such tag shall be worn constantly by the licensee
on his outer garment in such a way as to be conspicuous during such time as
said licensee is conducting the licensed activity.
Every peddler or solicitor shall have his license and that of any vehicle
being used by him in his immediate possession at all times when peddling or
soliciting and shall display the same upon demand.
No license or tag issued under the provisions of this chapter shall
be transferred from one person to another person or from one vehicle to another
vehicle, nor shall the tag so issued be used or worn at any time by any person
other than the one to whom it was issued.
A.
It shall be unlawful for any peddler or solicitor to
have any exclusive right to any location in any public highway or on any public
property. Each licensee shall comply with the following prohibitions:
(1)
It shall be unlawful for any person to peddle or solicit
within 200 feet of any place used or occupied as a public or private school
or house of worship.
(2)
A peddler or solicitor shall not be permitted to stand
in one place for more than 15 minutes.
(3)
A peddler or solicitor shall not be permitted to stop
his vehicle for the purposes of peddling or soliciting within 200 feet of
a previous stop made for such purposes.
(4)
A peddler or solicitor shall not be permitted to peddle
or solicit in any area where such peddling or soliciting may impede pedestrian
or vehicular traffic.
(5)
It shall be unlawful for any peddler or solicitor to
peddle or solicit any business whatsoever at the scene of an accident.
B.
Hours. It shall be unlawful for any person to enter upon
private property for the purpose of peddling or soliciting before the hour
of 9:00 a.m., prevailing time, of any day, or after 1/2 hour before sunset,
or after the hour of 7:00 p.m. of any day, prevailing time, except upon the
express invitation of the householder or occupant.
C.
It shall be unlawful for any peddler or solicitor to
enter or attempt to enter any premises posted with any sign, the purpose of
which sign is to prevent, prohibit or avoid peddling or soliciting thereat.
If the applicant for a peddler's or solicitor's license uses scales
or measures in the licensed activity, he shall also file with the application
for license a certificate issued by the Nassau County Sealer of Weights and
Measures that his scales or measures have been tested and sealed.
A.
Vehicle licenses: when required. No person shall peddle
or solicit from any vehicle without first obtaining from the Village a vehicle
license therefor.
B.
Sticker required. For each vehicle licensed pursuant
to this chapter, the Village Clerk shall issue a sticker which shall bear
the word "peddler" or "solicitor," the number of the sticker and the calendar
year for which such sticker is issued. Said sticker shall be attached to the
rear of each vehicle in a conspicuous place so that it may not be removed
and shall be kept clean and legible at all times.
A.
Any vehicle which is used for peddling or soliciting
and travels the various streets within the Village making frequent, intermittent
or unscheduled stops on the streets or shoulders of the streets for peddling
or soliciting purposes, in addition to any other equipment required by law,
shall be equipped with:
(1)
Convex mirrors mounted on the front and rear of the vehicle
so that the driver, in his normal seated position, can see the area in front
of the vehicle obscured by the hood and an area in the rear extending across
the vehicle and four feet to the rear of the bumper.
(2)
Signal lamps mounted at the same level and as high and
as widely spaced laterally as practicable. These lamps shall be five to seven
inches in diameter and shall display two simultaneously flashing yellow lights
to the front and two simultaneously flashing red lights to the rear, both
of which are visible at 500 feet in normal sunlight upon a straight, level
highway.
(3)
A swing arm that can be extended horizontally from the
left side of the vehicle, made of any material approved by the Hempstead Police
Department. That part of the swing arm that is attached to the vehicle itself
shall be 7 3/16 inches in height, and when extended outward and to the
side of the vehicle, shall extend to a length of 18 inches and flared to a
height of 18 inches. Located at the upper and lower corners of the eighteen-inch
sign are required flashing yellow lights visible from both the front and rear
view. These lights shall be four inches in diameter and shall flash simultaneously.
The background of the sign shall be painted yellow and shall be reflective.
The lettering shall be painted black. In the middle, in letters five inches
in height, shall be painted the word SLOW. Just above the word SLOW shall
be painted in two-inch letters the word CHILDREN. Just below the word SLOW
shall be painted in two-inch letters the word CROSSING. The sign shall be
lettered and painted on both sides so that it will be visible from both the
front and rear. The bottom of said sign shall be at a height of not less than
five feet above the level of the street.
B.
It shall be unlawful for the operator of any vehicle as defined in Subsection A above to be stopped on the highway for the purpose of peddling or soliciting without activating the special flashing lights, extending the swing arm required and complying with each of the requirements of Subsection A above. The special lights and swing arm shall not be used when the vending vehicle is in motion nor at any time when the vehicle is stopped for a purpose other than peddling or soliciting.
C.
The following restrictions shall apply to any peddling or soliciting from any street-vending vehicle as defined in Subsection A above:
(1)
There shall be no peddling or soliciting on streets where
the speed limit exceeds 30 miles per hour.
(2)
There shall be no peddling or soliciting unless the vending
vehicle is lawfully parked.
(3)
There shall be no peddling or soliciting except from
the side or rear of the vehicle, away from moving traffic and as near as possible
to the curb or edge of the roadway.
(4)
There shall be no peddling or soliciting to a person
standing in the roadway.
(5)
The driver shall not back the vehicle to make or attempt
a sale.
(6)
No person under 16 years of age nor any unauthorized
person shall be permitted to ride in or upon the vehicle.
(7)
There shall be no stopping or standing within 50 feet
of any intersection.
(8)
Any operator shall be required to be annually certified
by the Hempstead Police Department.
(9)
Requirements for operator certification shall be as follows:
(a)
The operator shall be no less than 18 years of age.
(b)
The operator shall be of sound moral character.
(c)
The operator shall have an acceptable driving record
over the past three years. If the license has been in effect for a lesser
period, then it shall be for the total period of license possession, but in
no event less than one year.
(d)
The operator shall be required to take and pass a proper
driver safety training course.
A.
Any bona fide and duly organized charitable, religious,
fraternal, patriotic or political organization, educational institution, civic
association and others mentioned as exempt from the provisions of Article
10-A of the Social Welfare Law, regarding the registration of a charitable
organization with she State Department of Social Welfare, shall be exempt
from the license fee requirements of this chapter. However, the burden of
establishing qualifications for this exemption shall be upon the organization
or institution claiming such exemption. Notwithstanding that such exemption
be granted, an exempt organization, prior to peddling or soliciting, shall
furnish the Village Clerk with the names, residence addresses and telephone
numbers of persons desiring to peddle or solicit within the Village. The total
number of persons engaged in such activities at any one time on behalf of
any one organization shall not exceed 15.
B.
Each representative of the exempt organization who peddles
or solicits on its behalf shall carry upon his person appropriate identification
indicating that he is a representative of the exempt organization and shall
exhibit same upon request.
C.
All other provisions of this chapter except the requirement
of the payment of a fee for the issuance of a license shall apply.
