[HISTORY: Adopted by the Board of Trustees of the Village of Suffern 2-8-1971 as Ch. 32 of the 1971 Code; amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]
The purpose of this chapter shall be to preserve the public peace and good order in the Village of Suffern and to contribute to the public welfare and good order of its people by enforcing certain regulations and restrictions on canvassers and solicitors in order to prevent fraud, crime and unethical and dishonest business practices within the Village of Suffern.
As used in this chapter, the following terms shall have the meanings indicated:
- CANVASSER OR SOLICITOR
- Includes itinerant vendors of merchandise who shall go from door to door or place to place in this Village selling, causing to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description whatever. For the purpose of this chapter, a "canvasser" or "solicitor" shall also be deemed to be one who is not in the business of selling goods but who makes surveys for research purposes, analysis, opinion polls, rating data and any other work which of its nature involves a door-to-door or place-to-place activity and shall include persons going from door to door or place to place for the purpose of soliciting contributions or donations for any person or organization.
- Includes magazines, periodicals, books and orders or contracts for a service, home improvement or alterations.
No person shall canvass, solicit or call from door to door or place to place in the Village of Suffern without first registering with the Village Clerk.
Nothing herein contained shall require the licensing of honorably discharged soldiers, sailors or marines of the military and naval services of the United States who have obtained a license from the County Clerk in connection with § 32 of the General Business Law, except that they shall be required to comply with § 200-11 and confine activities to the hours between 9:00 a.m. and 5:00 p.m.
This chapter shall not apply to sales by any member of the Boy Scouts of America, Girl Scouts of America or similar Village-based youth organizations; school groups; churches; fraternal organizations; a duly organized volunteer ambulance or fire company or district or an auxiliary thereof; or other bona fide charity who is acting on behalf of said organization, group, company, district or corporation where the organization shall have provided notice to the Village Clerk at least five days before the first activity on its behalf with the dates of the activity and the name and address of the person in charge.
Political activity shall be exempt from the terms of this chapter.
Each registrant shall, at the time of registering, file with the Village Clerk, on a form to be provided by the Village of Suffern, an application, in writing, which shall give the following information and be signed and affirmed by the applicant under the penalties of perjury:
The name, age and physical description of the applicant.
A complete permanent home and local address of the applicant and the telephone number at such address.
The name and address of the organization or person for whom solicitation is being made and the telephone number at such address.
A description of the nature of the business and the goods, services or wares to be sold and sufficient information to determine the business he is to transact.
The days, dates and route of his business or solicitation in the Village of Suffern, which, unless special permission is granted by the Village Clerk, shall be between the hours of 9:00 a.m. and 5:00 p.m.
A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly conduct offense and where and when so convicted, the nature of the offense and the penalty, if any.
The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation in the Village and the number of his driver's license and the state of issuance.
A separate registration must be made for every solicitor, agent or employee conducting business or soliciting within the Village limits.
Each registrant, upon being so registered, shall be issued a registration certificate by the Village Clerk, upon which shall be impressed the Official Seal of the Village of Suffern and the period for which said certificate shall be valid, but in no event to exceed 30 calendar days from the date of issuance.
Each registrant shall carry the registration certificate at all times when conducting business in the Village and shall exhibit it to any citizen or Village official upon request. At the conclusion of the period for which the registration certificate was issued, said registration certificate shall be returned to the Village Clerk.
The Village Clerk may, at any time for a violation of this chapter or any other ordinance or any law, revoke any registration certificate. When a registration certificate is revoked, no refund of any portion of the registration fee shall be made. Notice of such revocation and the reason therefor shall be in writing and shall be served by the Village Clerk upon the person named in the application or by mailing the same to the address given in the application. A copy of the revocation order shall be part of the Village Clerk's records.
No registration certificate issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.
Every person to whom a registration certificate is issued under the terms of this chapter shall be governed by the following rules and regulations:
He shall not falsely or fraudently misrepresent the quantity, character or quality of any article offered for sale.
He shall not blow a horn, ring a bell or use any other noisy device to attract public attention to his wares or shout or cry out his wares.
He shall not stand or permit the vehicle used by him to stand in any public place or street for more than 10 minutes or in front of any premises for any time if the owner or lessee objects.
He shall not create or maintain any booth or other obstruction upon any street or public place for the purpose of selling or exposing for sale any goods, wares or merchandise.
He shall not sell any merchandise within 250 feet of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.
He shall not enter or attempt to enter the house or apartment of any resident in the Village without an express invitation from the occupant of the house or apartment.
He shall not conduct himself in such a manner as to annoy or harass any person while soliciting within the Village.
The fee for each registration certificate shall be as set by resolution of the Board of Trustees in the Standard Schedule of Fees of the Village of Suffern. All persons involved in canvass or solicitation must obtain his or her individual certificate.
In the event that an application for canvassing or soliciting is incomplete, it shall be disapproved and be returned to the applicant for completion. The applicant may appeal to the Board of Trustees of the Village of Suffern, which shall set a time and place for a hearing, which hearing shall be held within 15 days after a request for an appeal has been filed with the Village Clerk and at which hearing the applicant will be given an opportunity to present his reasons why the registration certificate should be issued. The decision of the Board of Trustees is final.
No person, whether acting as principal or as agent, shall conduct a transient retail business in any store, tent, booth or from any wagon or pushcart in this Village for the sale of goods which shall be represented or advertised as a bankrupt stock or as assigned stock or as goods damaged by fire, water or otherwise or by any such representation or device without first taking out a license therefor from the Clerk of this Village, the fee for which is hereby fixed in an amount set by resolution of the Board of Trustees in the Standard Schedule of Fees of the Village of Suffern. The license shall not be issued for a period less than one month and shall be renewed monthly during the continuance of such business.