[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.]
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.
CANVASS AND CANVASSER
COMPANY
PEDDLE
PEDDLER
PEDDLING VEHICLE
PERSON
PRIVATE PREMISES
PUBLIC PLACES
SOLICIT
SOLICITOR
VEHICLE
VILLAGE CLERK
As used in this chapter, the following terms shall
have the meanings indicated:
Shall be considered as synonymous with the terms "solicit"
and "solicitor."
Any associations of individuals, partnerships, associations,
firms, corporations, societies or any other groups or organizations.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
[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.
