It shall be unlawful for any person to go upon
residential premises within the Town of New Hartford to solicit funds
from town residents for any charitable organization by knocking upon
residential doors or by ringing doorbells so as to cause or attempt
to cause residents to open their doors, unless the citizen doing the
solicitation has first registered at the office of the Town Clerk
and has received an identification card from said office.
A.
No identification card shall be issued unless the
following information is given by the applicant, upon a form supplied
by the Town Clerk:
(1)
Full identification, including proof thereof by voter's
registration card, vehicle operator's license or some other accepted
method of identification, with residence and office address.
(2)
The name and address of the organization for which
the applicant is soliciting and the purpose of said organization.
(3)
The length of time the soliciting is to be carried
on.
(4)
The address at which the applicant will receive notices
under this article.
(5)
A statement as to whether the applicant has been convicted
in any jurisdiction of any crime, other than of minor traffic violations,
and if so, of what crime or crimes.
(6)
Two current full-face photographs of the applicant
measuring two inches by two inches with the face from the top of the
head to the chin at least 1 3/8 inches.
B.
Upon submission of said application, with the supporting
evidence, the Town Clerk shall refer the same to the Town of New Hartford
Police Department for such investigation of applicant to be made as
it deems necessary for the protection of the public good. If such
investigation should prove the applicant to have been convicted of
a misdemeanor or felony, the Police Department shall attach to the
application a copy of the applicant's conviction record and shall
return the application to the Town Clerk. If, as a result of such
investigation of the applicant, no police record is found, the Police
Department shall attach a statement to the application that it has
no police record of the applicant and shall return the application
to the Town Clerk. The Town Clerk shall issue to the applicant an
identification card which shall, unless revoked, entitle the solicitor
to engage in the activities applied for, for a period of one year
from the date of issuance; provided, nevertheless, that identification
cards may be renewed annually by making application to the Town Clerk
at least 60 days prior to the termination of the existing identification
card, upon a form supplied by the Town Clerk, thereby amending the
original application to reflect any change necessary in the information
therein contained.
A.
Solicitors regulated by this article shall carry their
identification cards, which shall be issued by the Town Clerk without
charge, at all times while soliciting funds as aforesaid within the
town and shall exhibit their identification cards to residents in
order to identify themselves prior to any actual solicitation of funds.
B.
The solicitor shall not permit any other person to
have possession of his/her identification card and shall immediately
report its loss to the Town Clerk. The solicitor will not cause or
permit said identification card to be altered or defaced.
C.
Solicitors shall not enter or attempt to enter any
dwelling house without invitation or permission of the occupant and
shall immediately leave any premises upon request
D.
Solicitors shall not represent said identification
card to be an endorsement for their organization/cause.
E.
Solicitors shall immediately surrender said identification
card upon revocation or expiration of the same.
All solicitation carried on by persons for charitable
cause shall, in the case of residential door-to-door or house-to-house
calling, be restricted to the following hours:
A.
From October 1 through April 30, such solicitation
shall be limited to the period from 9:30 a.m. to 5:00 p.m., prevailing
local time, including Saturdays and Sundays.
B.
From May 1 through September 30, such solicitation
shall be limited to the period from 9:30 a.m. to 9:00 p.m., prevailing
local time, including Saturdays and Sundays.
A.
If any solicitor is found to have been convicted of
any felony or misdemeanor involving moral turpitude, he or she may
be denied an identification card or, if an identification card has
been issued, it may be revoked or canceled by the Town after a hearing
before said Board.
B.
If any solicitor provides any false or misleading
information concerning his or her identification or the identity of
the organization for which the soliciting is being done, the identification
card issued to that solicitor may be revoked by the Town Board after
a hearing before said Board.
C.
If any solicitor fails to comply with the standards of conduct set forth in § 89-14 herein, such identification card theretofore issued to such solicitor may be revoked by the Town Board following a hearing before said Board.
D.
At any such hearing, the solicitor shall be entitled
to be represented by counsel and to examine or cross-examine witnesses
who may testify at said hearing; and further, any such solicitor shall
have the right to testify before the Town Board after having been
sworn or affirmed.
Solicitation of funds for charitable causes
shall be permitted at any business establishment and upon any business
property, such as shopping center parking lots, during normal business
hours, but those solicitors shall also register with the Town Clerk
and carry identification cards. In the event that the owner, manager
or other person, firm or corporation in charge of any such business
establishment or business property objects to such solicitation, then
and in that event, the solicitor shall forthwith cease and desist
such solicitation at such business establishment. In the event that
such solicitor fails, neglects or refuses to cease and desist such
solicitation at such business establishment or business property,
after having been requested to do so, said owner, manager or other
person, firm or corporation in charge may proceed to charge such solicitor
with a violation of this section of this article.
A.
Any resident of the Town of New Hartford not wanting
to be visited or called upon by solicitors for contributions, gifts,
pledges of money or other items or things of value for any charitable
cause may register at the office of Town Clerk of the Town of New
Hartford on a list of the registrants of the town who do not want
to be visited or solicited at their homes for such purposes in the
following manner:
(1)
Said resident(s) shall either personally appear or,
on forms supplied by the Town Clerk, register with the Town Clerk,
advising that said resident(s) does not want such solicitors to call
at his/her home.
(2)
The Town Clerk shall keep on file at all times a registration
book showing the names and address of the residents of the town who
have registered as not wanting such solicitors to call at their homes.
B.
Every applicant for an identification card shall personally
read such list of residents of the town who are so registered and
shall sign an affidavit that said list has been reviewed by said applicant/solicitor,
and the Town Clerk shall furnish to the applicant/solicitor a copy
of said list at no charge.
Any person, firm or corporation who commits
an offense against this article by soliciting funds from town residents
for any charitable cause, other than during the hours permitted or
without first obtaining an identification card or who may violate
any other provision of this article, shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
