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.