[HISTORY: Adopted by the Board of Trustees
of the Village of Thomaston 3-26-1991 as L.L. No. 4-1991 (Ch. 97 of
the 1980 Code). Amendments noted where applicable.]
A.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle or solicit orders for the purchase or sale of goods, wares, merchandise or other commodities in the streets, in offices of business buildings or in public places of the village, except as provided in § 140-2 of this chapter.
B.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle or solicit orders for the purchase or sale of goods, wares, merchandise or other commodities by going from house to house or building upon public or private property within the village, except as provided in § 140-2 of this chapter.
C.
It shall be unlawful for any person to go from house
to house or building to building upon public or private property within
the village to solicit employment or work or services to be performed.
D.
It shall be unlawful for any person, organization,
society, association, company or corporation or their agents or representatives
to employ any trick or device or, by any false or misleading statement
or representation, to obtain or attempt to obtain admission to the
premises, house or garage of any person or corporation in the village
or to obtain or attempt to obtain the consent or permission of the
owner or occupant of any premises, house or garage within the village
to enter in or upon the same for the purpose of soliciting subscriptions
for any book, publication, paper, magazine or periodical or for the
purpose of seeking employment or for the purpose of soliciting orders
for work, labor or services to be performed within or without the
village.
A.
Upon application made as provided in this section,
a permit may be issued to a person, organization, society, association,
company or corporation or their agents or representatives to hawk,
vend, peddle or solicit orders for the purchase or sale of goods,
wares, merchandise or other commodities in business buildings in the
village. Such hawking, vending, peddling or soliciting shall be permitted
only with such a permit and only subject to the provisions of this
chapter.
B.
Upon application made as provided in this section,
a permit may be issued to a person, organization, society, association,
company or corporation or their agents or representatives to hawk,
vend, peddle or solicit orders for the purchase or sale of goods,
wares, merchandise or other commodities by going from building to
building in a business district within the village. Such hawking,
vending, peddling or soliciting shall be permitted only with such
a permit and only subject to the provisions of this chapter.
C.
Application for a permit as provided in this section
shall be in writing and addressed to the Mayor of the village and
shall contain the following information:
(1)
The name and address of the applicant and the purpose
for which the permit is requested.
(2)
The names and addresses of the owners, officers and
directors of the organization, firm, society, association, company
or corporation seeking such permit. In the event that there is any
change in the owners, officers and directors on or after the date
the permit application is completed or at any time after the permit
is issued and remains in effect, the applicant shall file a written
statement with the Village Clerk within forty-eight (48) hours after
the effective date of such change, informing the village of the identity
of all persons who no longer have such status and all persons who
have acquired such status.
(3)
The days of the week and times of day and the locations
at or during which the applicant proposes to conduct the activities
for which the permit is sought and a full and complete description
of the activities for which the permit is sought.
(4)
Details of the legal status of any organization, entity,
firm, society, association, company or corporation so applying.
(5)
Such other information as the Mayor shall require
in order to evaluate the application and determine whether to issue
the requested permit.
D.
Upon receipt of a complete application and payment
of any permit application fees prescribed therefor by the Board of
Trustees, the Mayor shall evaluate and investigate the application
and, within fifteen (15) days after receipt of the application, the
Mayor shall determine whether to grant or deny the application.
E.
If the Mayor should determine that the applicant is
not of good moral character or that the applicant intends to engage
in activity which is unreasonable or unnecessary or contrary to the
public health, safety or general welfare, the Mayor shall deny the
permit application.
F.
If the Mayor should determine that the applicant is
of good moral character and that the activities which the applicant
intends to engage in are reasonable and necessary and are in keeping
with the public health, safety and general welfare, the Mayor shall
approve the permit application and, upon payment of any required permit
fee, issue the requested permit. The Mayor may impose reasonable conditions
on the activities to be conducted pursuant to the permit, including
hours and places of operation, where the Mayor deems such conditions
reasonable and appropriate to protect the public health, safety and
general welfare and to minimize any adverse effects which such activities
may have upon owners or occupants of property in the village.
G.
Any person aggrieved by any determination of the Mayor
pursuant to this section may appeal that determination to the Board
of Trustees of the village, provided that such appeal is taken, in
writing, within thirty (30) days after the filing of the determination
in the office of the Village Clerk.
H.
Any permit issued pursuant to this section shall be
valid until May 31 of the year next following the year in which the
permit was issued. Thereafter, such permit may be renewed by the Mayor
for a period until the next succeeding May 31 upon submission by the
permit holder of the same information as is required of an applicant
for an initial permit and upon the same procedure as is applicable
to the issuance of an initial permit.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to proselytize, canvass or to distribute handbills, pamphlets or other written material or to solicit donations or contributions of money or property or financial assistance of any kind upon the streets, in the offices of business buildings, upon private property, by house-to-house canvass or in public places in the village without a permit previously issued pursuant to this chapter or to enter upon the premises of any village resident who has noted objection to such entry and whose address has been provided to such person, organization, society, association, company or corporation or their agents or representatives pursuant to § 140-5.
A.
Application for a permit as provided for in this section
shall be in writing and addressed to the Mayor of the village and
shall contain the following information:
(1)
The name, address and purpose of the cause for which
the permit is sought.
(2)
The names and addresses of the officers and directors
of the organization, firm, society, association, company or corporation
seeking such permit.
(3)
The time for which permission is sought and the localities
and places of activity.
(4)
The legal and tax status of any organization, firm,
society, association, company or corporation so applying. This information
shall demonstrate that the permit applicant is a not-for-profit entity
registered with the New York State Charities Registration Bureau or
that the activity sought to be engaged in by the applicant is in connection
with an election campaign or otherwise constitutes discourse protected
by the First Amendment to the United States Constitution.
(5)
Whether or not any commissions, fees, wages or emoluments
are to be expended in connection with such activity.
(6)
Such other information as the Board of Trustees may
require.
B.
All applications must be accompanied by a processing
fee established by the Board of Trustees, payable to the Village Clerk.
C.
Upon receiving such application, the Mayor shall act
upon the same within fifteen (15) days. The Mayor shall approve the
application of all bona fide applicants who have complied with the
above provisions.
D.
Any permit approval granted by the Mayor is subject
to the following restrictions:
(1)
All activity must be conducted between the hours of
9:00 a.m. and 9:00 p.m.
(2)
Any organization, society, association, company or
corporation to which a permit is issued pursuant to this section shall
not have more than four (4) individuals engaged in the permitted activity
within the village at any one (1) time.
(3)
Any permit granted hereunder shall be effective for
no more than ten (10) days.
(4)
All persons conducting any activity on behalf of any
organization, society, association, company or corporation permitted
under this section shall, at all times during such period, carry and
prominently display an identification card issued by the organization,
society, association, company or corporation. Each identification
card shall plainly show the name of the person conducting the activity,
his or her photograph and the name of the person, organization, society,
association, company or corporation on whose behalf such activity
is being conducted.
(5)
No person conducting any activity on behalf of any organization, society, association, company or corporation shall enter upon the premises of any residents of the village who have expressed a desire, in writing, not to be visited, canvassed, proselytized or solicited by such persons or corporations and whose addresses have been provided pursuant to § 140-5.
(6)
Such other conditions as the Mayor may deem appropriate
to protect the public health, safety and general welfare and the owners
and occupants of property in the village, so long as such conditions
shall not unduly interfere with the exercise by any person of any
right or privilege granted by the Constitutions of the United States
or the State of New York.
Any and all permits which may be granted by
the Mayor pursuant to this chapter may, for cause, be suspended by
the Mayor without notice for a period not to exceed forty-five (45)
days and may be revoked by the Board of Trustees after notice and
hearing for any of the following causes:
The Village Clerk shall maintain a list of residents
within the village who have expressed, in writing, a desire not to
be visited by any person, organization, society, association, company
or corporation or their agents or representatives for the purpose
of proselytizing, canvassing or distributing handbills, pamphlets
or other written material or soliciting donations or contributions
of money or property or financial assistance of any kind. Upon the
issuance of any permit hereunder, any person, organization, society,
association, company or corporation shall be provided with a copy
of the list of these village residents who have expressed, in writing,
a desire not to have any such person, organization, society, association,
company or corporation or their agents or representatives enter upon
their property. Every organization, society, association, company
or corporation issued a permit under this chapter shall agree not
to visit the premises so enumerated in the list provided to it by
the village.
