[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:
A.
Solicitations
made to a group in attendance at one location by invitation of a person
or organization inviting attendance;
B.
Any solicitation
pursuant to a political candidacy or ballot issue;
C.
Any peddler
travelling on an established route at the express request of their
customers;
D.
Salespersons
calling on regularly licensed business establishments;
E.
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:
A.
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.
B.
A brief
description of the activity to be conducted including methods to be
used and types of goods and products to be sold.
C.
Dates and
hours for which the right to engage in peddling is sought.
D.
Proof that
the applicant has obtained all licenses or permits, if any, required
by state law.
E.
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.
F.
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.
[Amended 9-10-2019 by Ord. No. 367]
A.
Vehicular traffic. No peddler or solicitor shall block, obstruct,
impede or interfere with the normal flow of vehicular traffic within
the Village unless authorized.
B.
"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.
C.
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.
D.
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.
E.
Abusive activity. No person shall engage in abusive peddling or solicitation.
Abusive activity shall include, but is not 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 without consent; spraying
any product without consent around the home in efforts to obligate
the person being offered goods or services.
F.
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.
G.
Requests to enter home. No peddler or solicitor shall request a person
being peddled to allow him/her access to the person's residence.
H.
Time limitations. Peddling or soliciting in the Village is permitted
only from the hours of 11:00 a.m. to 7:00 p.m.
I.
Permit visibility. All persons shall, at all times while engaging
in solicitation and/or peddling within the Village limits, or while
traveling within the Village for the purposes of soliciting and/or
peddling, display their Village-issued solicitation permit conspicuously
on their person in such a way that any resident or other person may
readily, accurately, and definitively identify the person and determine
the contents of the permit.
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.
