[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.]
A.
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.
B.
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.
A.
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:
(1)
The name and address of the applicant.
(2)
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.
(3)
The time for which permission is sought and localities
and places of activity.
(4)
The length of time required for the license.
(5)
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.
B.
License approval shall be subject to the applicant's
signed agreement to abide by the following rules and regulations:
(1)
All activity must be conducted during reasonable hours
as may be established by the Board of Trustees by resolution.
(2)
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.
C.
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.
