[HISTORY: Adopted by the Town Board of the Town of Southampton 11-14-2023 by L.L. No.
35-2023. Amendments noted where applicable.]
A.
The Southampton Town Board recognizes that roadways within the Town
have had a substantial increase in both volume of vehicular traffic,
as well as occurrences of peddling and solicitation coinciding with
the growing population of the Town of Southampton.
B.
The Town Board is concerned that increased vehicular traffic, and
those participating in peddling and solicitation activities within
lanes of vehicular travel and center median areas (where pedestrians
face oncoming traffic in two or more directions), has led to an increase
in motor vehicle accidents, and presence of hazardous conditions on
roadways with the ability to cause substantial injuries, presenting
a continuing life safety issue.
C.
While acknowledging the acts of peddling and solicitation as constitutionally
protected acts of free speech pursuant to Reed v. Town of Gilbert,
the U.S. Supreme Court, 135 S.Ct. 2218 (2015), and the fact that "streets"
are generally viewed as a public forum, the Town seeks to restrict
such activity in a narrowly tailored fashion in which such activities
are only restricted within lanes of vehicular travel, and center median
areas, in order to reduce motor vehicle accidents involving pedestrians
engaged in, or walking around those engaged in, peddling and solicitation.
D.
The Town Board has implemented the least restrictive means of prohibiting
peddling and solicitation within lanes of vehicular travel, and within
center median areas of roadways, as no other regulation would serve
to reduce risk of motor vehicle accidents that are resultant from
these activities within roadways, and many alternative areas exist
for this type of speech, including shoulder areas of streets, sidewalks,
open space areas, beaches, parks, and parking lot areas.
E.
The Town Board finds that presence of those engaged in activities
of peddling and solicitation within vehicular lanes of travel, and
center median areas of roadways, presents an unjustifiable and substantial
public safety risk to all, including those engaged in such activities,
other pedestrians, and motorists; and that such activities can be
conducted safely within a variety of ample alternative areas for such
expression, including public areas such as shoulder areas of streets,
sidewalks, parking lots, parks, etc.
As used in this chapter, the following terms shall have the
meanings indicated:
To walk, stand, sit, or lie, or place an object in such a
manner as to block passage by another person or a vehicle, or to require
another person or driver of a vehicle to take evasive action to avoid
physical contact.
Includes any person traveling by foot, wagon, automotive
vehicle or any type of conveyance from place to place, from house
to house or from street to street and offering for sale goods, wares,
merchandise or provisions of any kind or description, offering and
exposing the same for sale or making sales and delivering articles
to purchasers or who shall sell or offer the same for sale, and further
provided that one who solicits orders as a separate design to evade
the provisions of this chapter shall be deemed a peddler subject to
this chapter. The word "peddler" shall include the words "hawker"
and "huckster."
Any natural person, partnership, association, corporate or
other legal entity.
Includes, without limitation, the spoken, written, or printed
word or such other acts or bodily gestures as are conducted in furtherance
of the purposes of immediately obtaining money or any other thing
of value.
A.
No person shall obstruct a lane of travel within a roadway, or center
median area of a roadway, while engaged in the acts of peddling or
solicitation as defined herein.
B.
Exceptions.
(1)
This section shall not apply when a street has been closed to vehicular
traffic by a governmental entity for a special event (excluding parades),
including but not limited to fairs, festivals, etc.
(2)
This section shall not apply when the Town has issued a permit for
peddling or solicitation activities allowing use of a lane of travel
within a roadway or a center median.
(3)
This section shall not apply to those engaged in performance of governmental
functions or official duties.
(4)
This section shall not apply to those seeking assistance as a result
of an emergency caused by an accident or breakdown of a motor vehicle.
A.
A first violation of this chapter, which is hereby declared to be
a violation level offense, shall be punishable by a fine of not less
than $250 nor more than $500 or imprisonment for a period not to exceed
15 days, or both. A second conviction shall be punishable by a fine
of not less than $500 nor more than $750 or imprisonment for a period
not to exceed 15 days, or both. A third conviction shall be punishable
by a fine of not less than $750 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both. Each day's continued
violation shall constitute a separate and additional offense.
B.
In lieu of a fine, a judge may allow for community service not to
exceed 24 hours. Any violation of this section shall be a violation
level offense.
C.
Anyone convicted pursuant to this section shall be required to pay
a mandatory blight mitigation surcharge of $100. The blight mitigation
surcharge shall be paid to the clerk of the court or administrative
tribunal that rendered the conviction.
If any clause, sentence, paragraph, or part of this chapter
or application thereof to any person or circumstances shall be adjudged
by a court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, or invalidate the remainder thereof or the
application thereof to other persons and circumstances, but shall
be confined in its operation to the clause, sentence, paragraph or
part thereof and the persons and circumstances directly involved in
the controversy in which such judgment shall have been rendered.
