[HISTORY: Adopted by the Board of Trustees of the Village of Upper
Brookville 4-1-1973 as Art. 11 of the 1973 General Ordinance;
amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Patriotic, philanthropic, religious, social service, health, welfare,
benevolent, educational, civic, cultural or fraternal.
The Municipal Clerk.
Alms, money, subscription, property or any donations.
Any person who goes upon the premises of any private residence, not
having been invited by the occupant thereof, carrying or transporting goods,
wares, merchandise or personal property of any nature and offering the same
for sale. This includes any person who solicits orders and as a separate transaction
makes deliveries to purchasers.
All activities described under the definition of "peddler."
A person or any firm, corporation, association, club, society or
organization.
All activities described under the definition of "solicitor."
Any person who goes upon the premises of any private residence, not
having been invited by the occupant thereof, for the purpose of taking or
attempting to take orders for the sale of goods, merchandise, wares or other
personal property of any nature for future delivery or for services to be
performed in the future. This includes any person who, without invitation,
goes upon private property to request contribution of funds or anything of
value or sell goods or services for political, charitable, religious or other
noncommercial purposes.
It shall be unlawful for any person to engage in peddling or solicitation
activities within this village without first obtaining a permit issued by
the Clerk; provided, however, that the following are exempt from the provisions
of this section:
A.Â
Any solicitation made upon premises owned or occupied
by an organization upon whose behalf the solicitation is made;
B.Â
Any communication by an organization soliciting contributions
solely from persons who are members of the organization at the time of such
solicitation;
C.Â
Any solicitation in the form of a collection at a regular
meeting, assembly or service of a charitable person; or
D.Â
Any solicitation for the relief of any individual specified
by name at the time of the solicitation where the solicitor represents in
each case that the entire amount collected shall be turned over to the named
beneficiary.
Every person subject to the provisions of this chapter shall file with
the Clerk an application in writing on a form to be furnished by the Clerk
which shall provide the following information:
A.Â
Proof of age, address and identification of the applicant.
B.Â
A brief description of the business or activity to be
conducted.
C.Â
The hours and location for which the right to peddle
or solicit is desired.
D.Â
If employed, the name, address and telephone number of
the employer or, if acting as an agent, the name, address and telephone number
of the principal who is being represented.
A.Â
If the Clerk finds the application to be satisfactory,
the Clerk shall approve the application and shall, upon payment of the prescribed
fee, deliver the required permit to the applicant.
B.Â
The permit shall show the name and address of the permittee,
the kind of goods or services to be sold or delivered, the date of issuance
and the length of time that the permit shall be in effect. The permit shall
also show the permit number and identifying description of any vehicle to
be used in carrying on the business for which the permit is issued.
All permits issued under the provisions of this chapter shall expire
90 days from the date of issuance, unless an earlier expiration date is noted
on the permit.
At the same time the permit is issued, the Clerk shall issue to each
permittee a badge, which shall be worn by the permittee in such a way as to
be conspicuous at all times while the permittee is soliciting or peddling
in the village.
Every person required to obtain a permit under the provisions of this
chapter shall exhibit the permit when requested to do so by any prospective
customer or individual.
It shall be unlawful for any person other than the permittee to use
or wear any permit or badge issued under the provisions of this chapter.
It shall be unlawful for any person, whether licensed or unlicensed,
while conducting the business of a peddler or solicitor, to enter upon any
residential premises in the municipality where the owner, occupant or person
legally in charge of the premises has posted, at the entry to the premises
or at the entry to the principal building on the premises, a sign bearing
the words "No Peddlers," "No Solicitors" or words of similar import.
No person, while conducting the activities of a peddler or solicitor,
whether licensed or unlicensed, shall enter upon any private property, knock
on doors or otherwise disturb persons in their residences between the hours
of 9:00 p.m. and 9:00 a.m.
Any permit issued under this chapter may be revoked or suspended by
the Clerk, after notice and hearing, for any of the following reasons:
A.Â
Fraud, misrepresentation or false statement contained
in the application for a permit.
B.Â
Fraud, misrepresentation or false statement made by the
permittee in the course of conducting solicitation or peddling activities.
C.Â
Conducting peddling or solicitation activities contrary
to the provisions in the permit.
D.Â
Conducting peddling or solicitation activities in such
a manner as to create a public nuisance, constitute a breach of the peace
or endanger the health, safety or general welfare of the public.
Notice of a hearing for revocation of a permit issued under this chapter
shall be provided in writing and shall set forth specifically the grounds
for the proposed revocation and the time and place of the hearing. Notice
shall be mailed, postage prepaid, to the permittee at the address shown on
the permit application or at the last known address of the permittee.
A.Â
Any person aggrieved by the action or decision of the
Clerk to deny, suspend or revoke a permit applied for under the provisions
of this chapter shall have the right to appeal such action or decision to
the Mayor within 15 days after the notice of the action or decision has been
mailed to the person's address as shown on the permit application form
or to his last known address.
B.Â
An appeal shall be taken by filing with the Clerk a written
statement setting forth the grounds for the appeal.
C.Â
The Clerk shall transmit the written statement to the
Mayor within 10 days of its receipt, and the Mayor shall set a time and place
for a hearing on the appeal.
D.Â
A hearing shall be set not later than 20 days from the
date of receipt of the appellant's written statement.
E.Â
Notice of the time and place of the hearing shall be
given to the appellant in the same manner as provided for the mailing of notice
of action or decision.
F.Â
The decision of the Mayor on the appeal shall be final
and binding on all parties concerned.
