Village of Thomaston, NY
Nassau County
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Table of Contents
Table of Contents
[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:
A. 
Fraud, misrepresentation or false statement contained in the application for the permit.
B. 
Violation of any of the restrictions imposed on the issuance of such permit or on the conduct of any activity so permitted.
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.
[Added 9-27-1994 by L.L. No. 13-1994]
Any person, firm or corporation committing an offense against any provision of this chapter shall be punishable as provided in the general penalty provisions contained in Chapter 1, General Provisions, Article II, of this Code.