[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 5-12-1975 by L.L. No. 12-1975. Amendments noted
where applicable.]
This chapter is adopted to regulate the distribution
of certain materials, peddling, soliciting and related activities
within the Village. The licensing of persons engaged in the above-mentioned
activities is required so that the identity of persons going door
to door or distributing materials within the Village may be established,
so that general regulations may be more effectively enforced, for
the protection and maintenance of the health, safety and welfare of
the inhabitants of the Village and to prevent dishonest business practices
and dishonest solicitation of funds in the Village.
As used in this chapter, the following words
shall have the meanings indicated:
Any person who distributes or causes to be distributed on
any street or public place within the Village any newspaper, periodical,
book, magazine, handbill, circular, card or pamphlet or printed material
of any kind.
All goods, wares, food, meat, fish, ice cream, fruit, vegetables,
magazines, periodicals, printed material, farm products, services
and orders or contracts for services, home improvement or alterations,
and anything that may be sold or distributed by peddlers, solicitors
or distributors as used herein.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
carrying or transporting merchandise for the purpose of selling and
delivering the merchandise to customers. The word "peddler" shall
also include the words "hawker" and "huckster."
Any individual, firm, partnership, corporation, organization,
club, association, or any principal or agent thereof.
Any person, whether a resident of the Village or not, who
goes from house to house, from place to place or from street to street,
traveling by foot, automotive vehicle or any other type of conveyance,
soliciting, taking or attempting to take orders for the sale of merchandise
or services of any kind for future performance or delivery, whether
or not such individual has, carries or exposes for sale a sample of
the merchandise or services, and whether or not he is collecting advance
payments on such sales or orders, or who engages in any of the foregoing
activities from a stationary location on any street or other public
place. The word "solicitor" shall also include the word "canvasser."
Any person who goes from door to door as described above for the purpose
of soliciting and/or collecting funds from a stationary location on
any street or other public place.
Any person engaging in the activities commonly referred to
as "transient merchant" or "itinerant vendor" who merchandises or
sells with the intent to close out or discontinue such business within
a period of one year from the date of commencement, and occupies a
room, building, tent, lot or other premises for the purpose of selling
merchandise.
It shall be unlawful for any peddler, solicitor, distributor or transient merchant to sell, offer for sale or distribute merchandise, printed material or services within the Village without first applying for and obtaining a license therefor pursuant to the provisions of Chapter 36, Licensing.
In addition to the information required in § 36-3 of Chapter 36, Licensing, the following information shall also be provided:
A.
The length of time for which the license is desired.
B.
If a vehicle is to be used, a description of such
vehicle and its license number.
C.
The place where the merchandise or services to be
sold or offered for sale are manufactured or produced; where such
goods or property are located at the time such application is filed
and the proposed method of delivery.
No person or license holder shall:
A.
Peddle, solicit or distribute merchandise, except
from 8:00 a.m. to one hour after sunset, unless specifically having
been invited into a house by the occupant or having made an appointment
with a person previously.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Have exclusive right to any location in the public
streets or operate in any congested area where his operations might
impede or inconvenience the public.
D.
Leave at a property or house or in any public place
circulars, samples or other matter, except newspapers, which shall
be defined as a periodical with a paid circulation of at least ninety
percent (90%) of its total circulation, except when handed to a person
or house occupant.[2]
E.
[3]Conduct himself in such a manner as to become objectionable
to or annoy an occupant of any house.
[3]
Former Subsection E of the 1981 Code, which regarded entrance upon the land of any Village resident without express invitation, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This local law also redesignated former Subsections F, G, H, I and J as Subsections E, F, G, H and I, respectively.
F.
Shout, cry out, blow a horn, ring a bell or use any
sound-making or amplifying device upon any of the streets, parks or
public places of the Village or upon private premises where sound
of sufficient volume is emitted or produced therefrom to be capable
of being plainly heard upon the streets, avenues, parks or other public
places of the Village, or upon private premises therefrom, for the
purpose of attracting attention to any merchandise or services.[4]
G.
Distribute obscene merchandise or printed material
or that which advocates unlawful conduct.
I.
Peddle, solicit or sell, in the Incorporated Village
of Bayville, outside of permanent buildings. This provision is intended
to prohibit peddling, soliciting or selling from trucks, temporary
stands, vans, autos or other motor vehicles, except by special permit,
but shall not be applicable to permanently established nurseries or
vending machines.
The following persons are exempt from the payment
of a fee, and in the discretion of the Board of Trustees, the investigation
procedures upon compliance with all other provisions of this chapter
and submission of applicable identification and documents to support
his claim to exemption:
A.
Any charitable or religious society that shall conduct
sales of personal property when the proceeds therefrom shall be applied
to the payment of the expenses thereof and to the charitable or religious
object for which the society exists.
B.
Any person possessing a peddler's license issued in
conformity with New York State General Business Law § 32.
D.
Any person engaged in the delivery of goods, wares
or merchandise or other articles or things, in the regular course
of business, to the premises of persons who had previously ordered
the same or were entitled to receive the same by reason of prior agreement.
E.
Any school, political or civic organization, benevolent
society, service club or nonprofit organization which is located in
or has a substantial membership from the Village.
F.
Any person
or individual that is merely proselytizing for either religious or
political purposes, distributing religious or political handbills
at no cost, or exercising the right to anonymous religious or political
speech without soliciting any funds and without selling any goods
or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuance of
an offense for each day (24 hours) shall be deemed a distinct and
separate violation.
