[HISTORY: Adopted by the Village Council of the Village of New Haven 7-8-2014 by Ord. No. 324. Amendments noted where applicable.]
The intent of this chapter is to regulate and license the movement, location, business practices and hours of operation of peddlers and solicitors in the Village of New Haven; to protect against misrepresentation, fraud and crime; to allow residents to determine their level of comfort with privacy, and to protect and health, safety and welfare of the residents of the Village.
This chapter shall be known and may be cited a the "Village of New Haven Solicitation Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who engages in peddling, including, but not limited to, the words "hawker" or "street merchant."
- Travelling by foot, vehicle or any other means carrying goods for sale including food products, goods, and wares, or attempting to take orders for the sale of food, goods, wares, books or magazines, or personal property, or for services to be furnished or performed presently or in the future, or whether the subject is collecting advanced payments on any sales, products, or services.
- Any individual, firm, corporation, company, association, church, religious sect, society, organization or league, and includes any agent or representative.
- Requesting money, credit, financial assistance or any other value, or offering for sale any goods, wares, merchandise or service, by personal interview.
Except those activities listed below, no person shall engage in peddling or soliciting without first obtaining a permit authorized by the Village Clerk, as provided in this chapter.
The following activities are exempt from this chapter:
Solicitations made to a group in attendance at one location by invitation of a person or organization inviting attendance;
Any solicitation pursuant to a political candidacy or ballot issue;
Any peddler travelling on an established route at the express request of their customers;
Salespersons calling on regularly licensed business establishments;
The distribution of handbills or leaflets where the person distributing them does not provide estimates, accept payments, orders, or contributions.
Applications for a permit shall be completed and submitted to the Village Clerk, with the following information:
Name of the person(s) who will engage in peddling within the Village, including current address, business address, telephone numbers, driver's license or state ID numbers.
A brief description of the activity to be conducted including methods to be used and types of goods and products to be sold.
Dates and hours for which the right to engage in peddling is sought.
Proof that the applicant has obtained all licenses or permits, if any, required by state law.
A statement as to whether the applicant or peddler has ever been convicted of a felony, and/or any sexual offense, an if so, the date and location of conviction or offense, including a brief description of the offense.
A current photograph of the person(s) who will be engaged in the peddling. Solicitors shall carry picture identification such as a driver's license or state identification along with the Village-issued permit, and shall furnish those documentations upon request by any resident.
No peddler or solicitor shall block, obstruct, impede or interfere with the normal flow of vehicular traffic within the Village unless authorized.
"No soliciting" signs. No solicitor or peddler shall enter or remain on property that is posted "No Solicitors," nor remain on any property after being requested to leave by the occupants.
Threatening or harassing behavior. No solicitor or peddler shall threaten or harass any person in the course of their activities, or cause a nuisance or pose a threat to the health and safety of another.
Limitations. Solicitors and peddlers are limited to the sale or promotion of products and services specified on their application. Applications can be amended for a fee established by the Village Council.
Abusive activity. No person shall engage in abusive peddling or solicitation. Abusive activity shall include, but not be limited to, coming closer than three feet to the person being offered goods or services; blocking or impeding the passage of the person being solicited; repeated peddling after the person indicates objection to the sale; threatening a person with a gesture or physical harm; verbally abusing a person after rejection of a sale; or touching the person being peddled with consent. Spraying any product without consent around the home in efforts to obligate the person being offered goods or services.
Requests to leave doorway. No peddler or solicitor shall request a person to retrieve something from inside his/her home which requires them to leave the front door.
Requests to enter home. No peddler or solicitor shall request a person being peddling to allow him/her access to the person's residence.
Time limitations. Peddling or soliciting in the Village is permitted only from the hours of 11:00 a.m. to 7:00 p.m.
Any Village official or police officer may require any person seen soliciting or peddling to show proof of a Village-issued permit, and identification. Permits may be denied or revoked for violation of any provision of this chapter. The Village Clerk shall provide a written notice of revocation, clearly stating the grounds for revocation, and mailed to the address listed on the permit. The solicitor or peddler revoked may file a written request to the Clerk's office for a hearing to appeal the revocation within 15 days from the date of revocation. The hearing shall be held by the Village President.
A permit obtained under this chapter shall not relieve a person of the responsibility for obtaining any other permit, license, or authorization required by any other ordinance, statute, or law.
[Amended 1-13-2015 by Ord. No. 333]
Any person found in violation of this chapter shall be guilty of a municipal civil infraction and subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.