[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:
Engaging in either:
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
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.
[Amended 2-14-1968[1]]
[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.
[Added 2-14-1968]
A.
Investigation.
(1)
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.
(2)
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:[1]
(3)
In the absence of any such finding, the Chief of Police shall find
the application "satisfactory."
(4)
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.[2]
B.
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.[3]
C.
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.[4]
D.
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]
[Added 2-14-1968[1]]
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.
[Added 2-14-1968]
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.
[Added 2-14-1968[1]]
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.
