It shall be unlawful for any person or company, association,
or partnership engaged in itinerant trading to solicit the sale of
or hawk, peddle, vend, sell or dispose of any goods, wares or merchandise
of any description in or upon the public streets, roads or highways
or public places of the Village of North Haven, or to enter upon any
private residential property in the Village, by calls, canvassing,
or soliciting from house to house within the Village, for the purpose
of peddling or soliciting without having first obtained a license
therefor as hereinafter provided.
As used in this chapter, the following words shall have the
meanings indicated:
HAWK
To peddle or offer for sale by calling aloud or by going
from door to door; to carry wares about for sale; peddle.
HAWKER
One who offers goods for sale by shouting his wares in the
street or going from door to door; peddler.
Upon the filing of the application as provided in the preceding
section, the Village Clerk shall, upon approval of such application,
issue a license to the applicant specifying the trade or occupation
authorized.
Every such licensee using any vehicle in conducting business
shall have and keep the number of his license painted in conspicuous
figures on a metallic sign on a conspicuous place on the driver's
side of such vehicle; and if any person uses or employs more than
one vehicle for such business, he shall procure a separate license
for each of such vehicles. Every licensed peddler, solicitor or canvasser
not using a vehicle shall, at all times while engaged in peddling,
hawking or soliciting, wear on the front of his outermost garment
a badge provided by the Village Clerk which shall contain the number
of the license and the date when it expires.
Upon receiving such application, the Mayor shall present the
same to the Board of Trustees at its next regular meeting, and the
Board of Trustees shall thereupon investigate or cause an investigation
to be made of the person, organization, firm, society, association,
company or corporation for which a license to solicit donations in
public is sought and the time and locality in which it is desired
to make such solicitation; and if the Board shall, after such investigation,
be satisfied that the purpose of the solicitation is not fraudulent
or misleading and would not be detrimental to the best interests of
the Village and the public, the Mayor or such Village officer designated
by him shall issue a license signed by the Mayor or such designated
officer.
The Board of Trustees may place reasonable restrictions on the
granting of any such license, to include, but not be limited to, the
hours of solicitation, the number of persons soliciting, the locality
of such solicitation, and the period for which such license is granted.
Specifically, the following restrictions shall apply:
A. A licensed hawker, peddler or solicitor shall not permit any cart,
wagon, or vehicle owned or operated or controlled by him to stand
or remain stationary, nor shall be sell or offer for sale therefrom
or from any pack or container any goods, wares, or merchandise of
any kind, within the lines of any street, highway, or sidewalk in
the Village of North Haven for a longer period than 15 minutes, or
within 1,500 feet of any public market or store engaged in the business
of selling the same goods, wares, and merchandise offered by the licensee,
or in front of any premises if the owner or lessee thereof objects
thereto.
B. Vehicle requirements:
(1) Motor vehicles vending ice cream, ices or other merchandise shall
be parked at the curb, at least 200 feet from all intersecting streets.
(2) Such vehicles shall contain six blinker lights, at least five inches
in diameter, continuously blinking, two lights at the roof height
and two lights at fender level of the vehicle and at least two blinker
lights at the roof level in the front, to give proper warning to other
vehicles of its presence at the curb.
(3) All vending vehicles shall be equipped with a backup alarm system
in proper working order.
(4) No peddler or solicitor shall have any exclusive right to any location
in any street or on any public property, nor shall any peddler or
solicitor be permitted to occupy any stationary location in any street
or any public property. No person may peddle or solicit in any congested
place or area when or where such activity may impede or inconvenience
the public or add to the congestion of such place or area. For the
purpose of this section, the judgment of any peace officer or police
officer, exercised in good faith, shall be deemed conclusive as to
the existence of congestion and as to whether the public is impeded
or inconvenienced.
(5) Due to the traffic congestion on all state or county roads in the
Village of North Haven during the hours set forth herein, no person
shall park any vehicle, cart, wagon or trailer between the hours of
9:00 a.m. and 5:00 p.m. upon any state or county road in the Village,
or within 25 feet of the paved portion thereof, or within 200 feet
from the point where any state or county road intersects any other
road or highway, for the purpose of peddling, selling or soliciting
the sale of goods, wares, food products or merchandise.
C. It shall be unlawful:
(1) For any peddler, canvasser or solicitor to enter or attempt to gain
entry or admission to any premises posted with any sign, the purpose
of which is to prevent, prohibit or avoid peddling or soliciting thereat.
(2) For any person to solicit, canvass or peddle within 200 feet of any
place used or occupied as a public or private school, school grounds,
church, synagogue or place of worship, firehouse or public building,
or to permit his cart, wagon or vehicle to stand on any street or
public place within 200 feet of such property.
The Board of Trustees may establish such regulations as it may
deem necessary in effectuating the purposes and objects of this chapter.
All persons are forbidden, in any residential zone or district, from offering for sale any goods, wares or merchandise, except farm or garden produce raised and produced on premises owned and occupied by such persons and at which such farm or garden produce is offered for sale. This section does not apply to activities commonly referred to as "yard sales," which are in Chapter
90 of this Code.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.