Village of Westbury, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 11-19-1992 by L.L. No. 9-1992 (Ch. 16 of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Dealers in secondhand merchandise — See Ch. 198.
Commercial handbills — See Ch. 139.
Licenses and permits — See Ch. 157.
Peddling in recreation areas — See Ch. 194, § 194-8.
No person shall hawk, solicit or peddle, as such conduct is hereinafter defined, in any public place or private premises within the Village of Westbury, except in conformity with the provisions of this chapter applicable to peddlers and solicitors.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
CANVASS AND CANVASSER
Shall be considered as synonymous with the terms "solicit" and "solicitor."
COMPANY
Any associations of individuals, partnerships, associations, firms, corporations, societies or any other groups or organizations.
PEDDLE
To go from house to house, from store to store, from place to place or from street to street or to stand in a fixed or stationary position, or any combination thereof, to sell and make immediate delivery or offer for sale and delivery any goods, wares, merchandise or provisions in possession of the seller at any place within the Village of Westbury, other than from a fixed place of business. The word "peddle" shall also mean any solicitation for the sale or offer of sale of merchandise or the furnishing or offer to furnish, for a monetary consideration, of towing or other services at or near the place of a motor vehicle accident.
PEDDLER
Any person or any company that peddles, as herein defined, whether directly or indirectly, and whether in person or through another person or employee, and shall include a hawker and a huckster.
PEDDLING VEHICLE
A vehicle, as defined in the Vehicle and Traffic Law of the State of New York, particularly designed or used for the sale at the vehicle of food, beverages, ice cream and other items intended for human consumption or for the sale of merchandise at the vehicle or for services rendered or to be rendered in, on or at the vehicle as, for example, in the sharpening of tools and lawn mowers.
PERSON
Any natural person or any association of individuals, any person, firm, partnership, corporation, company, society, institute or organization of any kind, or any combination thereof.
PRIVATE PREMISES
Any dwelling, house, building or other structure designed or used, either wholly or in part, for private residential or office purposes, whether inhabited, temporarily or continuously uninhabited or vacant and any building or other premises whereon there is prominently displayed to public view a sign with the wording "No Peddlers," "No Solicitors," "No Agents" or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises. The term "private premises" shall include any garage, shed or other structure, yard, grounds, walk, driveway, porch, steps, foyer, vestibule or mailbox belonging to or appurtenant to such dwelling, house, building or other structure.
PUBLIC PLACES
Any and all streets, boulevards, avenues, lanes, parking fields, alleys or other public ways and any and all public parks, squares, spaces, plazas, grounds and buildings.
SOLICIT
To go from house to house, street to street, place to place or store to store to sell or take orders for goods, wares, merchandise or provisions for future delivery or for services to be performed, or for information to be obtained, or to distribute advertising matter, or for the purpose of obtaining contributions of money or of goods, wares or provisions at any place within the Village of Westbury.
SOLICITOR
Any person that solicits, as herein defined, whether directly or indirectly, and whether in person or through another person or employee, and shall also include a "canvasser."
VEHICLE
A motor vehicle or trailer, as defined in the Vehicle and Traffic Law of the State of New York, used to facilitate the transportation, carriage, conveyance, concealment, receipt or possession of any goods, wares, merchandise or provisions of a peddler or solicitor whose business is to sell, lease, distribute or offer to sell, lease or distribute any of those goods, wares, merchandise or provisions in his possession.
VILLAGE CLERK
The Village Clerk of the Village of Westbury.
B. 
Words singular in form may include the plural, and any words plural in form may include the singular; and words in the masculine gender shall include the feminine and neuter genders.
A. 
It shall be unlawful for any person to peddle or solicit within the Village of Westbury without having first obtained a valid license therefor as provided hereunder.
B. 
Every employer who hires a person to peddle or solicit on his behalf shall share the same responsibility with respect to penalties hereunder in the event that the person shall peddle or solicit without having first obtained a valid license.
C. 
It shall be unlawful for any person to use a peddling vehicle to peddle or solicit within the Village of Westbury without first having obtained a valid license therefor as provided hereunder.
Applicants for a license under this chapter must file with the Village Clerk an application in the form of a sworn affidavit, in duplicate, on a form to be supplied by the Village Clerk, which shall give the following information:
A. 
The name and description of the applicant.
B. 
The address of the applicant (local and legal).
C. 
A brief description of the nature of the business and the kind of goods or property to be peddled or solicited.
D. 
A statement as to whether or not the applicant has ever been convicted of any crime, misdemeanor or offense against any municipal ordinance or local law, the nature of the offense and the punishment or penalty assessed therefor.
E. 
Two photographs of the applicant taken not more than 60 days prior to the date of filing of the application, which pictures shall be 1 1/2 inches by 1 1/2 inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.
F. 
For identification purposes, a statement that the applicant is a citizen and whether citizenship was obtained by birth or naturalization; if by naturalization, the date and place where obtained; if the applicant is an alien, he must submit proof of legal entry into the United States of America.
G. 
If the applicant is employed to peddle, solicit or canvass, the name and address of his employer, together with credentials establishing the precise employment relationship.
H. 
In any application for a license or renewal hereunder, a valid certificate of registration and certificate of authority as required by the New York State Department of Taxation and Finance.[1]
[1]
Editor’s Note: Former Subsection I, regarding fingerprint records, and which immediately followed this subsection, was repealed 2-2-2012 by L.L. No. 3-2012.
A. 
Upon receipt of the sworn application, the Village Clerk shall direct the applicant to proceed to a location for the submission of his or her fingerprints to the New York State Division of Criminal Justice Services for an investigation of the applicant to determine if the applicant has a criminal record. The applicant shall bear the expense of processing such fingerprint record.
[Amended 2-2-2012 by L.L. No. 3-2012]
B. 
If the investigation shall establish that the applicant has a police record, the New York State Division of Criminal Justice Services shall forward a report to the Village Clerk. Alternatively, if no police record is found, the Village Clerk shall receive a report from the New York State Division of Criminal Justice.
[Amended 2-2-2012 by L.L. No. 3-2012]
C. 
If the investigation indicates that the applicant would be ineligible under any of the causes stated in § 142-13A hereof, the application shall be denied.
D. 
Upon the return of an application and approval by the Village Clerk, the Village Clerk shall prepare and issue to the applicant his license and tag. The license shall contain:
(1) 
The Seal of the village.
(2) 
The signature of the issuing officer.
(3) 
The name, address and photograph of the licensee.
(4) 
The kind of goods to be peddled or solicited thereunder or the purpose of the license.
(5) 
The amount of fee paid.
(6) 
The license number, the date of issuance and date of expiration of such license, as well as the state license number or other identifying description of the vehicle, if for a vehicular license.
E. 
No license shall be issued by the Village Clerk unless all conditions imposed by this chapter are fully complied with.
F. 
No license shall be issued by the Village Clerk to any minor under 16 years of age.
G. 
The Village Clerk shall keep a record of all licenses issued.
A. 
If the applicant for a peddler's or solicitor's license uses scales or measures in his business, he shall also file with his application for a license a certificate issued by the Nassau County Department of Consumer Affairs that his scales or measures have been tested and sealed.
B. 
If the applicant for a license is to handle food in any form, he will be required to submit with his application evidence that he has complied with the provisions of the Nassau County Public Health ordinances and local laws.
C. 
Any person or any employee of any organization who is required to be registered with the New York State Department of State under the provisions of Article 7-A of the Executive Law of the State of New York relating to the solicitation and collection of funds for charitable purposes must exhibit evidence of this registration to the satisfaction of the Village Clerk.
D. 
Every peddling vehicle licensed pursuant to this chapter shall be equipped in the front and rear with a movable "stop" sign as prescribed in § 375, Subdivision 37, of the Vehicle and Traffic Law of the State of New York and the Regulations of the Commissioner of Motor Vehicles promulgated pursuant thereto.
A. 
Except as provided in Subsection G hereof, each person proposing to peddle or solicit, whether on foot, from a licensed vehicle or otherwise, shall pay the application fee and the annual fees for such license as set from time to time by resolution of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
B. 
A licensee who uses a peddling vehicle in connection with such peddling or soliciting within the village, in addition to the application and license fees required by Subsection A hereof, shall pay an annual fee for each such vehicle in the amount set from time to time by resolution of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
C. 
In the event of loss or destruction of any personal or vehicle license certificate, license plate or license badge issued pursuant to this chapter, the certificate, plate or badge may be replaced by application therefor to the Village Clerk, together with the return of the accompanying certificate, plate or badge, where feasible, and the payment of a fee as set from time to time by resolution of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
D. 
For each vehicle substituted or replaced by another vehicle, the fee shall be as set from time to time by resolution of the Board of Trustees.
[Amended 12-2-1999 by L.L. No. 3-1999]
E. 
The annual fees herein provided for shall be assessed and paid annually on a calendar-year basis. All licenses issued pursuant to this chapter shall expire on the last day of December next following the date of issuance. No reduction or allowance shall be made in fees for licenses issued for a fractional part of a year.
F. 
Annual fees for the application shall not be refundable in the event that the application is denied.
G. 
Any honorably discharged veteran of the armed services of the United States shall be exempt from the provisions of this section. In lieu of a license and license plate, as prescribed herein, the Village Clerk, upon approval of the veteran's application, will issue a badge and permit to said veteran to peddle or solicit within the Village of Westbury, subject to all other provisions of this chapter. If the veteran uses a commercial or suburban vehicle in his trade, the Village Clerk shall issue, at no fee to the veteran, a metal or plastic license plate similar to that hereinabove prescribed, with the addition of the word "veteran" on the plate. This plate will be issued only if the vehicle is registered in the name of and operated by the veteran. If the veteran operates more than one vehicle in his trade, then each vehicle in excess of one shall be licensed upon payment of the proper fee as herein prescribed.
[Amended 2-2-2012 by L.L. No. 3-2012]
A. 
To each person licensed pursuant to this chapter, the Village Clerk shall issue a badge made of durable material which shall bear the word "peddler" or "solicitor," the number of the license and the calendar year for which it was issued, in characters or figures which are permanent or plainly discernible. The badge shall be worn constantly by the licensee on his outer garment in such a way as to be conspicuous during the time the licensee is peddling or soliciting for the purpose for which he has been licensed.
B. 
For each vehicle licensed pursuant to this chapter, the Village Clerk shall issue a license made of durable material which shall bear the word "peddler," the number of the license and the calendar year for which the license is issued, in characters or figures which are permanent or plainly discernible. The license plate shall be attached to the rear of each vehicle in a conspicuous place and shall be kept clear and readable at all times.
C. 
No license, license plate or badge issued pursuant to the provisions of this chapter may be transferred from one person to another person or from one vehicle to another vehicle, nor shall the badge so issued be used or worn at any time by any person other than the one to whom it was issued.
D. 
Every peddler or solicitor licensed pursuant to this chapter shall have his license in his immediate possession at all times when peddling or soliciting and shall display the same upon the demand of any person.
A. 
With the exception of § 142-12B hereof regarding the times of day when soliciting is permitted, any individual, organization, group, association, partnership, corporation or other entity intending to solicit contributions for charitable or religious purchases who or which is exempt from registration pursuant to the provisions of Article 7-A of the Executive Law of the State of New York shall be exempt from the licensing provisions of this chapter, provided that such solicitation is conducted in conformity with the provisions of § 142-10 of this chapter.
B. 
This chapter shall not apply to persons engaged in the distribution of a newspaper published at stated intervals for the purpose of conveying news to its subscribers or buyers.
C. 
The provisions of this chapter, including those which relate to the time of day that soliciting is permitted, shall not apply to agents or personnel representing any private or public utility or transportation corporations incorporated under the laws of the State of New York.
D. 
This chapter shall not apply to any person who keeps, maintains or operates a store, market, shop or similar permanent place of business whereby he operates, runs or uses a cart, wagon, truck or other vehicle for the purpose of delivering goods, wares, merchandise or provisions bought or ordered at his place of business, nor to any person solely engaged in the business of delivering goods, wares, merchandise or provisions for or on behalf of one or more places of business.
E. 
The provisions of this chapter shall not apply to the peddling of fruit, fish or farm produce by professional farmers or fishermen, except that the exemptions contained in this subsection shall not be available to farmers or other persons who buy goods for resale along with the sale of their own produce nor shall it be available to any helper or employee of a person thus exempt, other than a member of his immediate family.
A. 
Any individual, organization, group, association, partnership, corporation or other entity, or any combination of them, conducting or engaging in any fundraising activity, drive or campaign, wherein solicitors are used or employed to call in person upon homes or businesses located within the Village of Westbury for such purpose, whether registered with the Secretary of State or exempt from such registration pursuant to Article 7-A of the Executive Law of the State of New York, shall file with the Village Clerk at least five days prior to the commencement of such solicitation, a sworn statement signed by such individual or by a duly authorized officer or representative of such organization, group, association, partnership, corporation or other entity, or any combination of them, containing the following information:
(1) 
The name, address and telephone number of the individual or entity filing such statement.
(2) 
The period during which such solicitation is intended to take place in the Village of Westbury.
(3) 
The names and resident addresses of each solicitor authorized by such individual or entity to engage in charitable or religious fundraising solicitation within the Village of Westbury.
(4) 
The name, address and telephone number of a representative of the individual or entity filing such statement who may be contacted by the Village Clerk in case of any complaint or inquiry by any person with respect to such solicitation.
B. 
Each individual solicitor engaged in charitable or religious fundraising solicitation within the Village of Westbury shall identify himself or herself and shall carry with him or her a true copy of the sworn statement referred to in Subsection A above and shall exhibit the same to any person upon request.
C. 
The Village Clerk shall keep on file as a public record all sworn statements filed pursuant to Subsection A hereof for a period of not less than three years.
[Amended 2-2-2012 by L.L. No. 3-2012]
A. 
No peddler, solicitor or distributor shall peddle, solicit or distribute or suffer any vehicle used by him in connection therewith to stand or remain on any public way or public property:
(1) 
Within 500 feet of any grounds occupied by a school during or within one hour before or after school hours.
(2) 
Within 300 feet of any place of worship, public park or cemetery.
(3) 
Within 100 feet of any street intersection.
(4) 
In front of any premises after notice that the owner or lessee thereof objects to his so doing.
(5) 
In any one place, or within 300 feet thereof, for longer than 10 consecutive minutes or more than 10 minutes out of any 60 consecutive minutes.
(6) 
In any congested area where his operation is likely to impede pedestrian or vehicular traffic. The judgment of any restrictions on use of public ways; the determination of parking enforcement officers and attendants and other employees of the Village as the Mayor may hereafter designate from time to time pursuant to § 1-18C, exercised in good faith, that an area is congested and the peddler's or solicitor's operation is likely to impede pedestrian or vehicular traffic shall be deemed conclusive on such issues.
B. 
Any vehicle used by a peddler or solicitor must stand parallel to the curb or edge of any street or public way on which it is used and within six inches of said curb or edge.
A. 
It shall be unlawful for any person to enter upon private premises for the purpose of peddling or soliciting where there is posted, painted or otherwise affixed or displayed in plain view a "no peddlers" or "no solicitors" sign.
B. 
It shall be unlawful for any person to enter upon private premises for the purpose of peddling or soliciting except between 9:00 a.m. of any day or after 1/2 hour before sunset of any day or after the hour of 7:00 p.m. of any day, whichever shall first occur, except upon the invitation of the householder or person in charge of such private premises.
A. 
Licenses issued under the provisions of this chapter may be revoked by the Village Clerk, after notice and hearing, for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on his, her or its business as a peddler or solicitor.
(3) 
Any offenses against this chapter.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the inhabitants of the Village of Westbury.
(6) 
The peddling of any goods or property not described in the application for a license herein or the peddling of any goods or property which are dangerous or injurious to the purchaser, especially to a child.
B. 
Notice of the hearing for the revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for the hearing.
Any person aggrieved by the action of the Village Clerk in the denial of an application for a license, as provided in this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in this chapter, shall have the right to appeal to a review board composed of at least two members of the Board of Trustees of the Village of Westbury designated for this purpose by the Mayor. An appeal shall be taken by filing, within 14 days after notice of the action complained of has been mailed to the appellant's last known address, a written statement setting forth in full the grounds for appeal. The Mayor shall set a time and place for a hearing on the appeal, and notice of the hearing thereon shall be mailed to the appellant at his last known address at least five days prior to the date set for the hearing. The decision and order of the review board on any appeal shall be final and conclusive.
A. 
Any itinerant peddler or solicitor offering rides or transportation on any vehicle equipped or outfitted as an amusement device, including but not limited to vehicles more commonly known as "carousels," "whips" or "fire engines," shall be required to furnish documentary evidence that such peddler or solicitor has obtained:
(1) 
Public liability insurance in the amounts of $500,000 for injuries, including wrongful death, to any person, subject to the same limit for each person in an amount not less than $1,000,000 on account of one accident.
(2) 
Property damage insurance in an amount not less than $50,000 on account of any one accident, and in an amount not less than $100,000 on account of all accidents.
B. 
In the event that the insured party decides to cancel any of said insurance policies, he shall thereupon give 10 days' written notice of cancellation to the Village Clerk, and his license shall be revoked simultaneously with the date of cancellation.
[Amended 2-2-2012 by L.L. No. 3-2012]
It shall be the duty of all duly authorized restrictions on use of public ways; the determination of parking enforcement officers and attendants and other employees of the Village as the Mayor may hereafter designate from time to time to enforce the provisions of this chapter, to issue appearance tickets or other legal process for offenses against the provisions of this chapter and to report to the Village Clerk all offenses observed, whether or not any criminal prosecution is based thereon. The Village Clerk shall record all reports of offenses and convictions for offenses against this chapter.
Any person, as defined in this chapter, committing an offense against this chapter or any section or provision hereof shall be guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each separate day of violation shall constitute a separate offense.
Nothing herein contained shall be construed to modify, infringe upon or impair the provisions of the Building Zone Ordinance of the Village of Westbury[1] relating to permitted uses in each of the zoning districts.
[1]
Editor's Note: See Ch. 248, Zoning.