Village of Floral Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted Floral Park Village Board 5-4-1943; amended in its entirety 8-14-1984 by L.L. No. 5-1984. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Auctioneering — See Ch. 12.
Junk dealers — See Ch. 49.
Except as may be otherwise provided herein, 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 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 of Floral Park without a license previously issued pursuant to this chapter.
Application for a license as provided in this chapter shall be in writing and addressed to the Clerk of the Village of Floral Park and shall contain the following information:
A. 
Name, address and purpose of the cause for which the license is sought.
B. 
Names and addresses of the officers and directors of the organization, firm, society, association, company or corporation.
C. 
Time for which permission is sought and localities and places of activity.
D. 
Legal and tax status of any organization, firm, society, association, company or corporation so applying.
E. 
Whether or not any commissions, fees, wages or emoluments are to be expended in connection with such activity.
F. 
Such other information as the Board of Trustees may require.
All applications must be accompanied by a twenty-five-dollar processing fee payable to the Clerk, Village of Floral Park.
Upon receiving such application, the Clerk shall present the same to the Board of Trustees at its next regular meeting. The Board of Trustees shall approve the application of all bona fide applicants who have complied with the above provisions.
Any license approval granted by the Board of Trustees is subject to the following restrictions:
A. 
All activity must be conducted on weekdays only between the hours of 10:00 a.m. and 4:00 p.m., or during such other reasonable hours as may be established by the Board of Trustees.
B. 
Any organization, society, association, company or corporation licensed under this chapter shall not have more than 10 individuals engaged in the activity at any one time.
C. 
The license shall be effective for no more than 30 consecutive days.
D. 
The Board of Trustees shall not grant permission for applicants' activity with respect to those persons who have advised the Board of Trustees in writing that they do not desire noncommercial solicitation.
Any person not desiring noncommercial solicitation upon the person's private property may advise the Board of Trustees by written notice objecting to any or all such solicitation or distributions. Such notice shall include the name of the person filing; the address of the property affected; the date of such filing; a statement specifically identifying the organizations or institutions which the person filing objects to permitting entrance onto his private residential property for the purpose of solicitation or distribution; or that all such solicitation or distribution is objected to.
All persons soliciting donations or contributions or proselytizing pursuant to this chapter shall, at all times during such period, carry an identification card issued by the organization, society, association, company or corporation licensed to conduct the solicitation. Each identification card shall be displayed on the outer garment and shall plainly show the name of the person who is soliciting, his or her photograph and the person, organization, society, association, company or corporation on whose behalf such solicitation is being made.
Any and all licenses which may be granted by the Board of Trustees pursuant to any part of this chapter may, for cause, be suspended by the Mayor 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 a license.
B. 
Violation of any of the restrictions imposed on the issuance of such license or on the conduct of any solicitations so licensed.
Except as proceeded in § 47-10, it shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle or solicit orders for the purchase or sale of goods, wares, merchandise or other commodities in the streets or public places of the Village of Floral Park or by going from house to house within the Village or by maintaining at any fixed point or place on the streets, highways or public places in the Village of Floral Park any wagon, cart, automobile, vehicle or stand for the purposes of hawking or delivering goods, wares or merchandise therefrom.
[Amended 10-1-2002 by L.L. No. 8-2002]
The provisions of § 47-9 shall not prohibit a duly licensed ice cream vending vehicle from selling ice cream products in the streets of the Village, provided that a license therefor is obtained as hereinafter provided:
A. 
Every applicant for such a license is required to submit to the Village Clerk a written application supplying under affidavit the following information: that he is a citizen of the United States, has never been convicted of a felony or misdemeanor, is a fit and desirable person and is capable of properly conducting the trade or occupation desired. If satisfied that the applicant possesses the required qualifications, the Village Clerk shall, upon receipt of the license fee, issue a license to the applicant upon payment of the license fee of $200. Such license shall be issued annually and shall expire on the 31st day of December next succeeding the date of issuance thereof.
B. 
Every such licensee using an ice cream vending vehicle shall have and keep the number of his license painted in conspicuous figures on a metallic sign on a conspicuous place on the 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. All licenses shall be displayed in a conspicuous place within the vending vehicles.
C. 
The vending vehicle shall, at all times, be kept in a safe operational condition, including fully operational horn, safety lights and safety arm with stop sign. Upon request, the licensee agrees to allow the vehicle to be inspected by the Floral Park Police Department.
D. 
It shall be unlawful to stop for the purposes of selling without the warning lights, safety arm and stop sign activated and all amplified sound or noise terminated until the vehicle leaves the location.
E. 
Vending shall only take place from the side or rear of the vehicle, away from moving traffic and as near as possible to the curb or edge of the roadway.
F. 
There shall be no vending to a person standing in the roadway.
G. 
The driver of a vending vehicle shall not back up the vehicle to make or attempt a sale.
H. 
The driver of a vending vehicle shall not permit any person under 16 years of age nor any unauthorized person to ride in or on the vehicle.
I. 
The vending vehicle shall not be stopped within 50 feet of any street intersection or 500 feet of any school or the Village Recreation Center; in a metered parking area; or within 50 feet of any district designated as B-1, B-2 or B-3 under the Zoning Code of the Incorporated Village of Floral Park.[1]
[Amended 11-5-2003 by L.L. No. 7-2003]
[1]
Editor's Note: See Ch. 99, Zoning.
J. 
No vending vehicle shall operate before 10:00 a.m. or after 10:00 p.m. in the Village.
K. 
In addition to the penalties specified in § 47-13, any person found to be in violation of any provisions of this section shall be subject to punishment by a fine not to exceed $250 and revocation of the vendor's license.
[Amended 5-6-2003 by L.L. No. 4-2003]
This chapter shall not apply to persons for whom exemption is made by any special provision of law from any of the provisions of this chapter, provided they are not engaged in commercial transactions or the solicitation of funds. This chapter also shall not apply to any duly organized religious corporation, lodge, benevolent or fraternal order, political organization; nor to a local community group or organization such as the Boy Scouts, Girl Scouts, or other such youth organization, or to any political party or candidate. In the event such organizations or individuals are involved in commercial transactions or the soliciting of funds, special permission shall first be obtained from the Board of Trustees for soliciting or canvassing.
[Amended 5-6-2003 by L.L. No. 4-2003]
If any section, subsection or provision of this chapter or the application of such section, subsection or provision to any person or circumstances shall be held invalid, illegal or unconstitutional, the validity of the remainder of this chapter and the applicability of such section, subsection or provision to other persons or circumstances shall not be affected thereby.
[Amended 5-6-2003 by L.L. No. 4-2003]
Any person violating any provision of this chapter shall be liable for the forfeit and pay a penalty as provided in § 32-14 of Chapter 32 hereof. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this chapter or any provision thereof shall be and hereby is declared a disorderly person as provided in § 32-1 of Chapter 32 hereof.