[HISTORY: Adopted by the Board of Trustees
of the Village of Russell Gardens 1-20-1964 by Ord. No. 23. Other
amendments noted where applicable.]
GENERAL REFERENCES
Auctions and garage sales — See Ch. 8.
[Amended 6-26-1979 by L.L. No. 8-1979]
It shall be unlawful for any person, without
a license previously applied for and issued to such person, to:
A.
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, or by going from house to house within
the said Village.
B.
Throw, cast, distribute or give away any bills, circulars,
cards, pamphlets or tracts of any commercial nature whatsoever in
or upon any street, avenue, highway, sidewalk or public place, or
any vehicle thereon, or by going from house to house within the Village
to effect any of such purposes.[1]
C.
Solicit in the streets or public places of the Village,
or by going from house to house within the said Village, gifts, contributions
or subscriptions of any kind whatsoever.
A.
Every license required by this chapter shall be in
writing and shall be signed by the Mayor or Village Board, or any
other Village officer so designated, in writing, by the Mayor or Village
Board, and shall be effective for a period specified therein, not
exceeding one year from the date thereof. No such license shall be
issued until the licensee named therein shall have duly applied therefor,
in writing, and paid a license fee as established in a Miscellaneous
Fee Schedule adopted by resolution of the Board of Trustees. The fee
schedule may be amended from time to time by like resolution and shall
be available in the office of the Village Clerk.
[Amended 6-26-1979 by L.L. No. 8-1979; 6-4-1991 by L.L. No.
7-1991; 12-5-2019 by L.L. No. 18-2019]
B.
The Mayor shall conduct or cause to be made such investigation
of the application as he shall deem necessary to verify the information
contained therein and to make a proper determination as to the advisability
of issuing the license. No license shall be issued to any applicant
who, in the judgment of the Mayor, is likely to disturb the peace
and order of the Village, nor shall any license be granted which may
adversely affect the health, safety or welfare of the Village and,
in addition thereto, licenses may be refused for any of the following
findings concerning the applicant:
[Amended 6-26-1979 by L.L. No. 8-1979]
(1)
Misrepresentation or materially incorrect information
contained in the application.
(2)
Conviction of a crime involving moral turpitude.
(3)
Prior violation of a peddling or soliciting ordinance.
(4)
Previous fraudulent acts or conduct.
(5)
Record of breaches of solicited contracts.
(6)
Concrete evidence of bad character.
C.
Any applicant who shall have been refused such license
by the Mayor may apply to the Village Board therefor at a meeting
thereof, and the same may be granted or refused by the Board. The
Mayor may suspend any issued license, for any reasonable cause, until
the next meeting of the Village Board, and thereupon the said license
may be revoked or continued by the Board.
[Added 10-4-2012 by L.L. No. 3-2012[1]]
Any license approval granted by the Board of Trustees is subject
to the following restrictions.
A.
All activity must be conducted between the hours of 9:00 a.m. and
3:00 p.m., Mondays through Fridays only.
B.
Any organization, society, association, company or corporation licensed
under this section shall not have more than three individuals engaged
in the activity within the Village at any one time.
C.
The license granted hereunder shall be effective for no more than
10 days.
D.
All persons conducting any activity on behalf of any organization,
society, association, company or corporation licensed under this section
shall, at all times during such period, carry and prominently display
an identification card issued by the organization, society, association,
company or corporation licensed to conduct the activity. Each identification
card shall plainly show the name of the person conducting the activity,
his or her photograph and the name of the person, organization, society,
association, company or corporation on whose behalf such activity
is being conducted.
E.
No person conducting any activity on behalf of any organization, society, association, company or corporation shall enter upon the premises or property of any residents of the Village who have expressed a desire in writing not to be visited, canvassed, proselytized or solicited by such persons, organizations, societies, associations, companies or corporations and whose addresses have been provided pursuant to § 34-4.
[Added 10-4-2012 by L.L. No. 3-2012]
The Village Clerk shall maintain a list of residents within
the Village who have expressed in writing a desire not to be visited
by any person, organization, society, association, company or corporation
or their agents or representatives for the purpose of proselytizing,
canvassing or distributing handbills, pamphlets or other written material
or soliciting donations or contributions of money or property or financial
assistance of any kind. Upon the issuance of any license hereunder,
any person, organization, society, association, company or corporation
shall be provided with a copy of the list of these Village residents
who have expressed in writing a desire not to have any such person,
organization, society, association, company or corporation or their
agents or representatives enter upon their property. Every person,
organization, society, association, company or corporation licensed
under this chapter shall agree not to visit the premises so enumerated
in the list provided to it by the Village.
A.
No person shall, within the limits of any residence
district of the Village of Russell Gardens, enter upon the property,
or any part thereof, of any person, or seek admission thereto, for
the purpose of selling or offering for sale or soliciting orders for
the sale of any goods, wares or merchandise, or for the purpose of
soliciting subscriptions for any book, publication, paper, magazine
or periodical, or for the purpose of seeking employment, or for the
purpose of soliciting orders for work, labor or services to be performed
within or without the Village, without the previous consent or permission
of the owner or occupant thereof. No person, whether the holder of
a license issued pursuant to this chapter or not, shall, by any trick
or device, or by any false or misleading statement or representation,
obtain or attempt to obtain admission to such residence property,
or any part thereof, for any of the foregoing prohibited purposes,
or for any purpose not sanctioned or approved by the owner or occupant
of said residential premises.
B.
It shall be unlawful for any person to intrude, trespass
or enter upon any lot, piece or parcel of land in the Village of Russell
Gardens, by foot or with or in an automobile or otherwise, and/or
remain thereon or therein, without first having procured authorization
therefor from the owner or his duly authorized representative.
The Mayor or Acting Mayor, or the Village Board,
may waive the payment of the license fee hereinbefore provided in
the case of licenses for the purpose of soliciting funds, gifts or
contributions for charitable, religious, educational, Village or any
Village Association purposes.
[Added 6-26-1979 by L.L. No. 8-1979]
Nothing herein contained shall be construed
so as to limit or restrict the right of free speech or the distribution
of political or religious literature.
