[HISTORY: Adopted by the Board of Trustees of the Village of Malverne as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-3-1931 (Ch. 23, Art. I, of the 1972 Code)]
As used in this article, the following terms shall have the meanings indicated:
- HAWKING OR PEDDLING
- Engaging in either:
- A. The business of selling or attempting to sell or soliciting orders for the sale of any property or any services by going from house to house, place of business to place of business or any combination thereof; or
- B. Soliciting contributions for any person, organization, entity or any other purpose by going from house to house, place of business to place of business or any combination thereof.
Hawking and peddling through or in the streets, highways or public places of or in the Incorporated Village of Malverne without a permit is prohibited. Such permit shall be for one year from the date thereof and may be issued by the Mayor, who is hereby empowered to issue such permit to the person applying therefor, which permit shall not be transferable, and to specify therefor in the name of the Village the permit fee as set from time to time by resolution adopted by the Board of Trustees, which is the fee hereby fixed therefor. Every such permit shall be countersigned by the Clerk and shall have endorsed thereon the receipt of said Clerk, showing payment to him of such fee.
No person, corporation or association shall keep or maintain at any fixed point on the streets, highways or public places in the Village of Malverne any wagon, cart, automobile, vehicle or stand for the purpose of hawking or peddling therefrom.
[Added 7-10-2002 by L.L. No. 2-2002]
The Board of Trustees of the Incorporated Village of Malverne hereby finds that consumer fraud in door-to-door solicitation, including the theft of mail from mailboxes of residents, is an activity that must be prevented so as to protect the health, safety and welfare of the residents of the Village.
Any person who shall violate any provision of this article shall be punishable as provided in Chapter 1, Article II, General Penalty, of the Village Code.
[Adopted 5-15-1940 (Ch. 23, Art. II, of the 1972 Code)]
Soliciting orders for goods, wares and merchandise or other commodities in the streets or public places or by going from house to house in the Incorporated Village of Malverne, or the distribution or peddling of handbills containing advertising matter in the streets or public places, or by going from house to house in the Incorporated Village of Malverne, without a permit obtained as hereinafter provided, is hereby prohibited.
Such permit shall be issued in the name of the Incorporated Village of Malverne upon application therefor and payment of a fee to the Village Clerk as set from time to time by resolution adopted by the Board of Trustees and shall be for a period of one year from the date thereof and shall be signed by the Mayor and countersigned by the Clerk. Such permit shall not be transferable and shall be carried at all times by the permittee when performing the acts permitted under said permit and must be exhibited by the permittee at any time upon request of any person. The acts permitted thereunder shall only be performed between the hours of 10:00 a.m. and 5:00 p.m.
When the aforesaid application is properly filled out and signed by the applicant, the original and a duplicate thereof shall be filed with the Village Clerk. The Clerk shall refer the original to the Chief of Police, who shall make or cause to be made such investigation of the applicant's business responsibility and moral character as he deems necessary for protection of the public good.
If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reason therefor and return said application to the Village Clerk, who shall notify the applicant that the application is disapproved and that no permit shall be issued. Any determination by the Chief of Police that an application is unsatisfactory shall be based on one or more of the following findings with respect to the applicant:
Conviction of a crime involving moral turpitude.
Prior violation of a peddling or soliciting law.
Previous fraudulent acts or conduct.
Record of breaches of solicited contracts.
Concrete evidence of bad character.
In the absence of any such finding, the Chief of Police shall find the application "satisfactory."
If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval and return the application to the Village Clerk, who shall issue the permit to the applicant. Such permit shall contain the signature of the issuing officer and shall show the name, address and photograph of the permittee, the class of permit issued, the kind of goods or services to be sold thereunder, the date of issue, the length of time the permit shall be operative and the permit number and other identifying description of any vehicle used in the peddling, soliciting or canvassing activity permitted.
The Village Clerk shall issue to each permittee at the time of delivery of his permit a badge which shall show the nature of the permit in letters and figures easily discernible from a distance of 10 feet. Such badge shall, during the time such permittee is engaged in peddling, soliciting or canvassing, be worn constantly by the permittee on the front of his outer garment in such a way as to be visible to a person facing him.
All permittees using automobiles or other vehicles in connection with their business shall have affixed thereon a decal supplied by the Village Clerk. Said decal shall bear the applicable words "permitted peddler," "permitted hawker," "permitted solicitor" or "permitted canvasser," together with a number and the expiration date of said permit.
Nothing in this chapter shall be interpreted or enforced in any way, manner, shape or form so as to infringe on any protected noncommercial free speech right of any group or person, including political and/or religious groups, persons or activities. No permit shall be required of any political or religious group, member or person involved in noncommercial speech and/or activities. Any activity which involves the active solicitation of money or funds shall be deemed a commercial activity and subject to such regulations as provided in this chapter.
[Added 7-10-2002 by L.L. No. 2-2002]
Every holder of a permit issued by the Village Clerk under the authority of this article shall be required to carry such permit with him while engaged in the business or activity permitted within the corporate limits of the Village of Malverne. He shall produce such permit at the request of any official of said Village or of any resident of said Village with whom he wishes to conduct his business or activity. Every such permittee shall restrict his activity within the Village of Malverne to the hours between 10:00 a.m. and 5:00 p.m., prevailing time, on Mondays through Saturdays and shall notify the police officer on duty at least once in every week in which he plans to conduct said activity and before commencing his selling or soliciting activity. Such notification shall include a statement of the general area of the Village of Malverne in which the permittee intends to conduct said activity and a schedule of dates and times when said activity shall be conducted. The permittee shall notify the police officer on duty of any change in area or time of solicitation, should such changes be made during the week.
No peddler, canvasser or solicitor shall conduct, or attempt to conduct, his business at any residence or any property on which is posted a sign expressly prohibiting such activity.
It shall be the duty of any police officer of the Village of Malverne to enforce the provisions of this article and require any person seen peddling, soliciting or canvassing, who is not known by such officer to be duly permitted, to produce his permit.