[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 2-18-1992 by L.L. No. 3-1992. Amendments noted where applicable.]
The purpose of this chapter is to protect the rights of Village citizens who desire not to be solicited at their private residences. The right of privacy affords citizens an unquestionable and enforceable right to determine and limit the peddling and soliciting they will allow to be delivered on their private property. A person may not be compelled to listen to or view any unwanted communication spoken or written, whatever its merit, in the privacy of his home. When a resident affirmatively provides notice that he desires not to be solicited at his private property, such peddling and/or soliciting is, in effect, a trespass against the resident.
This chapter is intended to ensure and protect the privacy rights of Village residents on their private property. It is further intended to provide reasonable regulation of the time, place and manner of peddling and soliciting within the Village.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to hawk, vend, peddle, canvass 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 Old Westbury, and it shall be unlawful to sell any article or service or to canvass or solicit by going from house to house within the Village.
It shall be unlawful for any person to solicit employment, or work or services to be performed, in the streets or public places of the Village or by going from house to house within the Village.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to employ any trick or device or, by any false or misleading statement or representation, to obtain or attempt to obtain admission to the house, garage, stable or other structure of any person or corporation in the Village of Old Westbury or obtain or attempt to obtain the consent or permission of the owner or occupant of any premises, house, garage, stable or other structure within the Village of Old Westbury to enter in or upon the same for the purpose of canvassing or 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.
It shall be unlawful for any person, organization, society, association, company or corporation or their agents or representatives to proselytize, canvass 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 Old Westbury without a license issued pursuant to this chapter.
Applications for a license, as provided for in this chapter, shall be in writing and addressed to the Clerk of the Village of Old Westbury and shall contain the following information:
The name and address of the applicant.
The names and addresses of the officers and directors of the organization, firm, society, association, company or corporation and the name, address and telephone number of its agent authorized to act for and on its behalf.
The time for which permission is sought and localities and places of activity.
The length of time required for the license.
Proof of insurance covering every individual who engages in the activity, demonstrating that he is insured against any injury or harm suffered, either through negligence or otherwise, while engaged in the activity authorized by the license.
License approval shall be subject to the applicant's signed agreement to abide by the following rules and regulations:
All activity must be conducted during reasonable hours as may be established by the Board of Trustees by resolution.
The applicant shall not enter upon the premises of those persons who have advised the Village, in writing, that they do not desire solicitation or other activities described in § 150-5 above. A list of these persons, by addresses, shall be provided to the applicant at the time a license is issued.
The Clerk shall approve the application of all applicants who have complied with the above provisions.
Any and all licenses which may be granted by the Clerk pursuant to this chapter may, for cause, be suspended by the Clerk pending a hearing and may be revoked by the Board of Trustees after notice and hearing within seven days of the suspension for any of the following causes:
Any organization, society, association, company, corporation or individual who or which commits, takes part in or assists in any violation of this chapter shall, for each and every violation, for each and every day that such violation continues, be subjected to a fine of not more than $250.