[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 10-10-2019 by L.L. No. 13-2019. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 108, Peddling and Soliciting, adopted 5-10-1949 by Ord.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:
- CANVASSER or SOLICITOR
- 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.
- CHARITABLE ORGANIZATIONS
- 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.
- SOLICIT and SOLICITATION
- 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.
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.
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.
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.
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.
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.
No licensed peddler, solicitor or canvasser shall seek contact with any person or entity registered on the Village's No-Knock List.
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:
The name of the person registering and desiring to solicit or to peddle, solicit or otherwise canvass.
Whether the person registering is a natural person, partnership, or corporation and:
If a natural person, the business and residence address and telephone number must be given.
If a partnership, the names of all partners and the principal business address and telephone number of each partner must be given.
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.
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.
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.
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.
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.
The names of any other municipalities in which the person registering has solicited or otherwise peddled, solicited or canvassed within the previous 12 months.
The requirements of § 108-3A shall not apply to the following:
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.
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.
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.
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.
The Village Clerk may, upon review of the application, refuse to issue a permit to the applicant for only the following reasons:
An investigation reveals that the applicant falsified information on the application;
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
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.
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.
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.
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.
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.