[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 10-10-2019 by L.L. No. 13-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 108,
Peddling and Soliciting, adopted 5-10-1949 by Ord. No. VII, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person traveling from house to house or from street to
street taking or attempting to take orders for the sale of goods,
wares or merchandise, subscriptions or personal property of any nature
whatsoever for future delivery or for services to be furnished or
performed in the future, whether or not the individual has, carries
or exposes for sale a sample of such or whether he is collecting advance
payment on such sales or not; any person engaged in soliciting information
and going from house to house or from street to street for the purpose
of conducting a poll, survey or similar activity for any purpose;
any person conducting a solicitation, as defined herein, or requesting
contributions of any kind and going from house to house or from street
to street on the public streets.
Any person which is or holds itself out to be organized or
operated for any charitable purpose.
Any person traveling from house to house or from street to
street carrying, conveying or transporting goods, wares and merchandise,
offering and exposing the same for sale or making sales of food by
traveling from house to house or who shall sell or offer the same
for sale from a wagon, automotive vehicle, motor truck, railroad car
or other vehicle or conveyance, and further provided that one who
solicits orders and, as a separate transaction, makes deliveries to
purchasers a part of his scheme or design to evade the provisions
of this chapter shall be deemed a "peddler," subject to the provisions
of this chapter. The word "peddler" shall often include the words
"hawker" and "huckster."
Any individual, organization, trust, foundation, association,
partnership, corporation, society or other group or combination acting
as a unit.
The request, directly or indirectly, for the donation of
money, property, anything of value or financial assistance of any
kind, and shall include the selling or offering for sale of any property,
real or personal, tangible or intangible, whether of value or not,
including but not limited to goods, books, tags, service emblems,
tickets, publications or subscriptions to publications or brochures,
and conducted from house to house or on the public streets. A "solicitation"
is complete when the solicitation is communicated to any individual
then located within the corporate limits of the Village.
It shall be unlawful for any person, directly or through an
agent or employee, or for a peddler, solicitor or canvasser to ply
or conduct his trade or solicitation within the Village of Manorhaven
without having first obtained a certificate of registration from the
Village Clerk, as hereinafter provided.
A.
It shall be unlawful for any person, individually or as the agent
or employee of a person, or for any peddler, solicitor or canvasser
to ply or conduct his trade or solicitation within the Village unless
his principal or employer has received a certificate of registration,
as hereinafter provided.
B.
It shall be unlawful for any person or for any peddler, solicitor
or canvasser to ply or conduct his trade or solicitation within the
Village without visibly displaying an identification card issued to
that person by the Village Clerk, as hereinafter provided.
C.
It shall be unlawful for any peddler, solicitor or canvasser to ply
or conduct his trade or to solicit between the hours of 30 minutes
after sunset and 9:00 a.m. on any day.
D.
It shall be unlawful for any person, directly or through an agent
or employee, or for any peddler, solicitor or canvasser to ply or
conduct his trade or to solicit within the Village of Manorhaven after
expiration of any certificate of registration.
E.
It shall be unlawful for any person engaged in solicitation or for
any peddler, solicitor or canvasser to knock at the door or ring the
doorbell of any home, apartment or any other dwelling unit in the
Village upon which is clearly displayed at the entrance a notice which
reads "No Solicitors" or which otherwise clearly purports to prohibit
solicitation on the premises, unless such person is or has been invited
upon the premises by the occupant thereof.
F.
No licensed peddler, solicitor or canvasser shall seek contact with
any person or entity registered on the Village's No-Knock List.
A.
All persons, except as otherwise provided in this chapter or by law,
desiring to solicit for charitable or other purposes or to peddle,
solicit or canvas within the Village shall file with the Village Clerk
prior to any such solicitation a solicitation application on forms
provided by the Village Clerk containing the following information:
(1)
The name of the person registering and desiring to solicit or to
peddle, solicit or otherwise canvass.
(2)
Whether the person registering is a natural person, partnership,
or corporation and:
(a)
If a natural person, the business and residence address and
telephone number must be given.
(b)
If a partnership, the names of all partners and the principal
business address and telephone number of each partner must be given.
(c)
If a corporation, the person registering must state whether
it is organized under the laws of New York or is a foreign corporation
and must state the mailing address, the business location, the telephone
number, the name of the individual in charge of the local office of
such corporation.
(3)
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.
(4)
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.
(5)
The time period within which the solicitation or the peddling, soliciting
or canvassing is to be conducted, giving the date of the commencement
and termination of the effort.
(6)
If a vehicle or vehicles are to be used in the solicitation, a description
of the same, including year, make and model, together with a license
plate number, registration certificate information and liability insurance
information or other satisfactory means of identification.
(7)
The names of any other municipalities in which the person registering
has solicited or otherwise peddled, solicited or canvassed within
the previous 12 months.
B.
The requirements of § 108-3A shall not apply to the following:
(1)
Any person who sells or collects goods, the proceeds of which are
devoted exclusively to the purposes of nonprofit charitable or religious
society on whose behalf said person is acting as an agent.
(2)
Any school, political or civic organization, benevolent society,
service club or not-for-profit organization which is located in the
Village or has a substantial membership in the Village.
(3)
Any person honorably discharged from the active military or naval
service of the United States, who is disabled as a result of injuries
received while in the military or naval service of the United States.
(4)
The holder of a license granted pursuant to § 32 of the
General Business Law of the State of New York.
Written verification by an insurance company of the amounts
and types of motor vehicle insurance coverage required by state statute
shall be maintained by canvassers, peddlers, and solicitors using
motor vehicles in their business of peddling and shall be presented
for inspection, upon demand, to any license enforcement official or
law enforcement officer.
The Village Clerk shall review the registration statement to
determine its compliance with the terms of this chapter within 48
hours after receipt of the same. Thereafter, upon payment of the prescribed
fee or in the event of an applicant who is not required to pay a fee,
the Village Clerk shall either issue a certificate of registration
within 48 hours or notify the person registering that the registration
statement does not comply with the requirements of this chapter and
to specifically point out the information that has not been furnished
and that is required before a solicitation permit can be issued.
A.
The Village Clerk may, upon review of the application, refuse to
issue a permit to the applicant for only the following reasons:
(1)
An investigation reveals that the applicant falsified information
on the application;
(2)
The applicant has been convicted of a felony, an ordinance violation
involving a sex offense, trafficking in controlled substances, or
any violent acts against persons or property; or
(3)
The applicant is a person against whom a judgment based upon, or
conviction for, fraud, deceit or misrepresentation has been entered
within the five years immediately preceding the date of application.
B.
The Village Clerk's disapproval and the reasons for disapproval, with reference to Subsection A(1) through (3) above, shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
A.
Establishment of No-Knock List. All residents of the Village may
register their name, address, and/or apartment/unit number with the
Village Clerk to be placed on the No-Knock List, indicating that they
do not want canvassers, distributors, solicitors, peddlers, transient
merchants or hawkers of any sort to approach their homes and/or seek
personal contact with the occupants of the registered residence. The
Village Clerk shall provide the registration form, which shall be
available during normal business hours. By registering for the No-Knock
List, the resident acknowledges that all municipal police, fire, and
other emergency services groups are exempt from the requirements of
this section.
B.
Updating and provision of list. The Village Clerk shall maintain
a No-Knock List, a copy of which shall be provided to all persons
or organizations required to obtain a license or to register pursuant
to this chapter. Registrants shall remain on the No-Knock List for
a period of five years from the date of registration until such time
as they advise the Village Clerk, in writing, that they wish to be
removed from the list. The Village Clerk shall ensure that the list
is updated periodically.
C.
Registration and display of decal. Upon completion of registration
on the No-Knock List, the subscriber may purchase and receive a decal
stating: "DO NOT KNOCK; Registered on the No-Knock List with the Village
of Manorhaven; VIOLATORS WILL BE PROSECUTED." which may be displayed
in a clearly visible location (e.g., front door or window adjacent
to the front door).
Every certificate of registration and identification card issued
by the Village Clerk shall be issued on a calendar-year basis and
shall terminate on December 31 in the year in which it was issued.
The fees shall not be prorated over the calendar year.
Any person, firm or corporation violating or failing to comply
with any provisions of this chapter shall be fined not less than $50
nor more than $500 for each offense, and a separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
