Village of Lindenhurst, NY Chapter 129 Peddling and Soliciting

[HISTORY: Adopted by the Board of Trustees 8-28-1968 by Ord. No. 1-1968 as Ch. 33 of the 1968 Code of the Village of Lindenhurst. Amendments noted where applicable.]

§ 129-1 License required.

[Amended 6-10-1975 by L.L. No. 8-1975]

No person, association, partnership or corporation engaged in itinerant trading shall solicit the sale of or hawk, peddle, vend, sell or dispose of any goods, wares or merchandise of any description in or upon the public streets, roads, highways or parkways or public places of the Village of Lindenhurst or upon private property by calls from house to house within said Village; nor shall any person hawk, vend, peddle, auction, solicit orders or cry any goods, wares, merchandise or commodities of any kind or have a stand for the sale or display of any merchandise of any description or solicit any orders for any magazines, books, merchandise or other commodities throughout or in any of the streets or public places of the Village of Lindenhurst or by going from house to house within said Village, unless a license shall first have been secured therefor from the Licensing Officer of said Village.

§ 129-2 License fees.

[Amended 8-20-1987 by L.L. No. 8-1987; 6-16-1992 by L.L. No. 2-1992; 12-18-2018 by L.L. No. 4-2018]

A. The license fees payable by each peddler/solicitor listed below shall be established by resolution of the Village Board.

(1) Any automotive vehicle used in support of peddling, hawking or soliciting including a trailer or house car.

(2) Using a pushcart or any other vehicle.

(3) Carrying merchandise on their individual person.

(4) Solicitor or canvasser going from house to house, door to door, store to store, place to place or from street to street.

B. All peddler licenses shall be issued annually and shall expire on December 31 next succeeding the date of issuance thereof.

§ 129-3 Application.

A. Every applicant for a license is required to submit to the Licensing Officer a written application supplying under affidavit the following information: that he is a citizen of the United States; that he has never been convicted of a felony or misdemeanor; state in detail the particular business, trade or occupation for which the license is required; state the manner or means of conveyance in which said business or trade or occupation shall be conducted; state the locality within which it is desired to carry on or engage in said trade, business or occupation, and the name of the person or persons, firm or corporation applying for such license, specifying the residence of such person or persons or the residence of the persons composing any such firm or the principal place of business of any such corporation and the name of the officer, in the case of a corporation, upon whom process or other legal notice may be served and also the date(s) of birth of said person(s); and that he is a fit and desirable person and is capable of properly conducting the trade or occupation desired.

[Amended 6-10-1975 by L.L. No. 8-1975]

B. If the applicant uses scales and/or measures in connection with his business, he shall also file with his application a certificate issued by the County Sealer of Weights and Measures that such scales and/or measures have been tested and sealed.

C. A nonrefundable fee of $10 shall accompany each application.

[Added 6-10-1975 by L.L. No. 8-1975; 6-16-1992 by L.L. No. 2-1992]

§ 129-4 Display of license number.

Every such licensee using any vehicle in conducting business thereunder shall have and keep the number of his license painted in conspicuous figures on a metallic sign on a conspicuous place on the side of such vehicle, and, if any person uses or employs more than one vehicle for such business, he shall procure a separate license for each of such vehicles. Every peddler, solicitor or canvasser not using any vehicle shall wear conspicuously on the right breast of his outer coat a badge in such form as shall be prepared by the Licensing Officer, which shall contain the number of his license. Failure to properly display the required license number shall be presumptive evidence of failure to obtain said license.

§ 129-5 Certain places of business prohibited.

[Amended 6-10-1975 by L.L. No. 8-1975]

A. No peddler, vendor, hawker, canvasser or huckster shall peddle, vend, canvass or sell his goods or wares within 200 feet of any lands occupied exclusively as a public or private school or for school purposes; nor shall such peddler, vendor, hawker, canvasser or huckster permit his cart, wagon or vehicle to stand on any public highway within said distance of such school property; nor shall such peddler, vendor, hawker, canvasser or huckster peddle, vend, canvass or sell his goods or wares on the following streets within the Village of Lindenhurst: North Wellwood Avenue from the incorporated Village line south to the railroad tracks; South Wellwood Avenue from the railroad tracks to Lane Street; North Hoffman Avenue; South Hoffman Avenue; Merrick Road, also known as "Montauk Highway"; Sunrise Highway; North Delaware Avenue; South Delaware Avenue; East John Street; New Highway; Straight Path; and Strongs Avenue.

B. No peddler, vendor, hawker, canvasser or huckster shall peddle, vend, canvass or sell his goods or wares on any public property, including but not limited to any public park or recreation area and any public marina or dock, unless written permission is first received from the Board of Trustees of the Village.

C. It shall be unlawful for any peddler or solicitor, in plying his trade, to ring the bell or knock upon or enter any building whereon there is painted or otherwise offered or displayed to public view any sign containing any or all of the following words: "No peddlers"; "No solicitors"; "No agents"; or other wording, the purpose of which purports to prohibit peddling or soliciting on the premises.

D. No peddler, vendor, hawker or canvasser shall peddle, vend, canvass, sell or otherwise dispose of his goods or wares from a vehicle, trailer or any other type of stand located on private property, unless such stand shall meet all the requirements of the Building Code of the Village as a structure and shall have been inspected and approved by the Village Building Inspector or his designated agent.

[Added 5-24-1983 by L.L. No. 3-1983]

E. No peddler, vendor, hawker or canvasser shall remain stationary upon any public property, including streets, sidewalk areas, parks and all other public property, for the purpose of peddling, vending, canvassing, selling or otherwise disposing of goods and wares, unless said peddler, vendor, hawker or canvasser is actually engaged in the process of transacting a sale.

[Added 5-24-1983 by L.L. No. 3-1983][1]

[1] Editor's Note: Original §§ 33-5.1, 33-5.2 and 33-5.3, which provided standards for the operation of vehicles and which immediately followed this subsection, were deleted 6-16-1992 by L.L. No. 2-1992.

§ 129-6 Exceptions.

[Amended 8-28-1973; 6-10-1975 by L.L. No. 8-1975]

A. Any church, charitable institution, veterans' organization or authorized school organization or persons hawking or peddling on behalf of any church, charitable, veterans' or school organization shall be required to obtain a license. However, for such organizations, the license and application fees shall be waived.

B. For such organizations, the license shall be valid for one month from the date of issuance, although it may be renewed at the discretion of the Licensing Officer.

§ 129-7 Licensing Officer.

[Added 6-10-1975 by L.L. No. 8-1975]

A. The Licensing Officer of the Village is hereby authorized and empowered to establish reasonable rules, regulations and requirements in conjunction with the issuance of hawking and soliciting licenses.

B. The Licensing Officer of the Village may suspend or revoke any license pursuant to the provisions of Chapter 15 of the Lindenhurst Village Code, entitled "Licensing Officer."

§ 129-8 Penalties for offenses.

[Amended 6-10-1975 by L.L. No. 8-1975; 6-16-1992 by L.L. No. 2-1992]

Any person, association, partnership or corporation violating any provisions of this chapter shall be guilty of a misdemeanor and shall be punishable by a fine of not less than $50 and not more than $1,000 for each violation, or by imprisonment not to exceed 30 days or a combination of both.

§ 129-9 Hours of operation.

[Added 2-6-2018 by L.L. No. 1-2018]

A. It shall be unlawful for any person to enter upon private property for the purpose of peddling or soliciting before the hours of 10:00 a.m. of any day or after 1/2 hour before sunset of any day or no later than 8:00 p.m. of any date except upon the invitation of the householder or occupant.