[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point as indicated in article histories. Amendments
noted where applicable.)
[Adopted 3-23-1992 by L.L. No. 3-1992;
amended in its entirety 9-24-2019 by L.L. No. 5-2019]
Except as may be otherwise provided herein, it shall be unlawful
for any person, organization, society, association, company or corporation
or their agents or representatives, to canvass, solicit business,
take orders for goods or services or to distribute handbills, pamphlets
or other written material 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 Sands Point without
a license previously issued pursuant to this article.
Application for a license, as provided for in this article,
shall be in writing and addressed to the Clerk of the Village of Sands
Point and shall contain the following information:
A.
Name, address and purpose of the cause for which the license is sought.
B.
Names and addresses of the officers and directors of the organization,
firm, society, association, company or corporation.
C.
Time for which permission is sought and localities and places of
activity, giving the date of the commencement and termination of the
solicitation.
D.
Legal and tax status of any organization, firm, society, association,
company or corporation so applying.
E.
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with such activity.
F.
The name, address, date of birth, social security number, personal
photograph(s) and complete driver's license information of the
person or persons who shall be conducting the solicitation or otherwise
peddling, soliciting or canvassing.
G.
A brief description of the nature of the business and the goods to
be sold or services to be performed for which funds are to be solicited
and an explanation of the intended use of the funds toward that purpose.
H.
If a vehicle or vehicles are to be used in the solicitation, a description
of same, including year, make and model, together with a license plate
number, registration certification information and liability insurance
information or other satisfactory means of identification. Such information
shall be presented for inspection, upon demand, by any Sands Point
Village Code Enforcement Officer or Sands Point Village police officer.
I.
The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.
J.
Such other information as the Village Clerk may require.
All applications must be accompanied by a $100 process fee payable
to the Clerk, Village of Sands Point. Upon approval of the license,
a fee of $200 shall be paid to the Village of Sands Point.
Upon receiving such application, the Clerk shall review the
application within 20 business days from the date upon which the application
is filed. The Clerk shall approve the application of all bona fide
applicants who have complied with the above provisions. The Clerk
may deny the application for any of the following reasons:
A.
An investigation reveals that the applicant falsified information
on the application.
B.
The applicant has been convicted of a felony, misdemeanor or ordinance
violation involving a sex offense, trafficking in controlled substances
or any violent act against persons or property.
C.
The applicant is a person against whom a judgment or administrative
agency determination has been entered or a conviction obtained within
the five years immediately preceding the date of the application based
upon fraud, deceit or misrepresentation.
D.
The solicitation involves the sale of illegal substances or services.
E.
The applicant does not possess any applicable licenses required by
the United States, the State of New York, the County of Nassau or
the Town of North Hempstead.
F.
A determination by the Village of Sands Point Chief of Police that
the location and time of the activities described in the application
would endanger the safety and welfare of the applicant or potential
customers.
A.
Payment shall be made by the applicant of the license fee of $200.
B.
All activity must be conducted on weekdays and Saturdays only between
the hours of 10:00 a.m. and dusk.
C.
Any organization, society, association, company or corporation licensed
under this article shall not have more than 10 individuals engaged
in the activity at any one time.
D.
The license shall be effective for no more than one calendar year
from the date of issuance, and all licenses shall terminate on December
31 in the year in which they were issued. There shall be no proration
of fees over the calendar year.
E.
The Board of Trustees shall not grant permission for applicants'
activity with respect to those persons who have advised the Board
of Trustees in writing that they do not desire solicitation.
Any person not desiring solicitation upon the person's
private property may advise the Board of Trustees by written notice
objecting to any or all solicitation or distributions. Such notice
shall include the name of the person filing; the address of the property
affected; the date of such filing; a statement specifically identifying
the organizations or institutions which the person filing objects
to permitting entrance onto his private residential property for the
purpose of solicitation or distribution; or that all such solicitation
or distribution is objected to.
All persons soliciting donations or contributions pursuant to
this article shall, at all times during such period, carry an identification
card issued by the organization, society, association, company or
corporation licensed to conduct the solicitation. Each identification
card shall be displayed on the outer garment and shall plainly show
the name of the person who is soliciting, his or her photograph and
the person, organization, society, association, company or corporation
on whose behalf such solicitation is being made. The name of the person
and the name of entity on whose behalf the person is soliciting shall
be presented in a manner that a reasonable person can notice them,
in capital letters equal to or greater in size than the surrounding
text, or in contrasting type, font, or color to the surrounding text
of the same or lesser size.
Any and all licenses which may be granted by the Board of Trustees
pursuant to any part of this article may, for cause, be suspended
by the Mayor and may be revoked by the Board of Trustees after notice
and hearing for any of the following causes:
This article shall not apply to persons for whom exemption is
made by any special provision of law from any of the provisions of
this article, provided they are not engaged in commercial transactions
or the solicitation of funds, or to any person whose door-to-door
activities involve more than just a proposal for a commercial transaction.
This article also shall not apply to any duly organized religious
corporation, lodge, benevolent or fraternal order, or political organization;
nor to a local community group or organization such as the Boy Scouts,
Girl Scouts, or other such youth organization, or to any political
party or candidate. In the event such organizations or individuals
are involved in commercial transactions or the soliciting of funds,
special permission shall first be obtained from the Board of Trustees
for soliciting or canvassing.
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 Sands Point 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 Sands Point to enter
in or upon the same for the purpose of canvassing or selling or offering
for a sale or soliciting orders for the sale of any goods, wares,
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
of Sands Point.
Any organization, society, association, company, corporation
or individual who or which commits, takes part or assists in any violation
of this article shall, for each and every violation, for each and
every day that such violation continues, be subjected to a fine of
not more than $1,000.
[Adopted 3-23-1992 by L.L. No. 2-1992[1]]
[1]
Editor's Note: This local law also repealed
former Ch. 119, Peddling and Soliciting, adopted 6-19-1990 by L.L.
No. 3-1990.
A.
The purpose of this article is to protect the rights
of village residents who desire not to receive unwanted print or other
written materials, whether commercial or noncommercial in nature,
including unsolicited newspapers. The right of privacy affords citizens
an unquestionable and enforceable right to determine and limit the
materials they will allow to be delivered on their private property.
When a resident affirmatively provides notice that he desires not
to receive delivery of unsolicited print or other written materials,
such delivery is, in effect, a trespass against the resident.
B.
This article is intended to ensure and protect the
privacy rights of village residents on their private property and
to deter the accumulation of unsolicited literature that might signal
that a house is unoccupied. It is further intended to prevent littering
and protect the aesthetic appearance of the village by reasonable
regulation of the time, place and manner of the distribution and delivery
of unsolicited print or written materials in the village.
A.
The Village Clerk shall maintain a list of all village
residents, by address, who have filed a written notice with the Village
Clerk requesting that all, or certain, unsolicited print or other
written materials not be delivered onto their premises.
B.
Written notice shall be effective for a period not
to exceed two years. The list shall be revised from time to time as
the Clerk is notified by an owner or person in charge of the premises
that they wish to have their property either removed from or placed
on the list. Whenever the Village Clerk becomes aware that the ownership
or occupancy of any listed premises has changed, the list shall be
revised by deleting said address from the list. Nothing in this article,
however, shall require the Village Clerk to verify the identity of
any owner or person in charge of any premises or to verify any change
of ownership, occupancy or control. The village shall not be liable
for any errors or omissions on the list.
A.
No person, organization, society, association, company or corporation, or their agents or their representatives, may distribute or deliver any unsolicited print or other written material upon the property of any village resident without first having registered with the Village Clerk prior to such distribution or delivery. The registration shall be signed and duly acknowledged by a person who is an owner or authorized agent and accepts responsibility for the receipt of the list of residents described in § 119-10 hereof and for the compliance by delivery persons and carriers with the provisions of this article.
B.
The registrant shall also provide to the Village Clerk
the name of the print or other written material to be distributed,
the name, addresses and telephone number of the distributor, a list
containing the names and addresses of all carriers and delivery persons
who will be distributing or delivering its print or other written
material in the village and a list of the license plate numbers of
any motor vehicles used by the carriers and delivery persons in making
their deliveries. The authorized agent shall be responsible for updating
and keeping these lists current with the village.
No person, organization, society, association, company or corporation, or their agents or representatives, including but not limited to the authorized agent described in § 119-11 hereof and the actual deliverer or carrier, shall deliver, distribute, throw, cast or place, or cause or permit to be delivered, distributed, thrown, cast or placed, any unsolicited print or other written material of any nature whatsoever upon the premises of any village resident who has requested that such print or other written material not be delivered to his premises and whose address has been listed with the village pursuant to § 119-10 hereof and provided to the registrant in accordance with § 119-11 hereof.
[Amended 6-16-1992 by L.L. No. 4-1992]
No person shall throw, cast or place in or upon
any village right-of-way, street, avenue or highway any unsolicited
print or other written material, including but not limited to newspapers,
handbills, circulars advertising and cards.
Any person, organization, society, association, company or corporation, or their agents or representatives, who delivers or distributes any unsolicited print or other written materials shall be responsible to clean up and remove all of its print or other written materials from the village rights-of-way and any other location set forth in § 119-13 hereof.
It shall be unlawful for any person to throw,
cast or place upon the doorknob or the door of any residence in the
village any unsolicited print or other written materials whatsoever,
including but not limited to handbills, circulars, advertising, newspapers
and cards.
Any organization, society, association, company,
corporation or individual who commits, takes part or assists in any
violation of this article 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.
