[HISTORY: Adopted by the Board of Trustees of the Village of North Haven 8-4-1986 by L.L. No. 5-1986; amended in its entirety 4-16-2019 by L.L. No. 3-2019. Subsequent amendments noted where applicable.]
It shall be unlawful for any person or company, association, or partnership engaged in itinerant trading to 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 or highways or public places of the Village of North Haven, or to enter upon any private residential property in the Village, by calls, canvassing, or soliciting from house to house within the Village, for the purpose of peddling or soliciting without having first obtained a license therefor as hereinafter provided.
As used in this chapter, the following words shall have the meanings indicated:
HAWK
To peddle or offer for sale by calling aloud or by going from door to door; to carry wares about for sale; peddle.
HAWKER
One who offers goods for sale by shouting his wares in the street or going from door to door; peddler.
A. 
The license fees payable by each peddler, canvasser or solicitor shall be as set forth in the fee schedule of the Village of North Haven.
B. 
All peddler, solicitor or canvasser licenses shall be issued annually and shall expire on December 31 next succeeding the date of issuance thereof. If a license is issued on or after the first day of September, the fee shall be 1/2 the amount designated.
A. 
Every applicant for a license is required to file with the Village Clerk a written application supplying the following information:
(1) 
That the applicant is a citizen of the United States.
(2) 
That the applicant has never been convicted of a felony.
(3) 
The particular business, trade or occupation for which the license is required.
(4) 
The manner or means of conveyance in which said business or trade or occupation shall be conducted.
(5) 
The name, address and age of the applicant.
(6) 
The name of the person, firm or corporation he represents.
B. 
Such application shall be accompanied by a certificate from the Suffolk County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by the applicant have been examined and approved.
Upon the filing of the application as provided in the preceding section, the Village Clerk shall, upon approval of such application, issue a license to the applicant specifying the trade or occupation authorized.
Every such licensee using any vehicle in conducting business shall have and keep the number of his license painted in conspicuous figures on a metallic sign on a conspicuous place on the driver's 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 licensed peddler, solicitor or canvasser not using a vehicle shall, at all times while engaged in peddling, hawking or soliciting, wear on the front of his outermost garment a badge provided by the Village Clerk which shall contain the number of the license and the date when it expires.
Upon receiving such application, the Mayor shall present the same to the Board of Trustees at its next regular meeting, and the Board of Trustees shall thereupon investigate or cause an investigation to be made of the person, organization, firm, society, association, company or corporation for which a license to solicit donations in public is sought and the time and locality in which it is desired to make such solicitation; and if the Board shall, after such investigation, be satisfied that the purpose of the solicitation is not fraudulent or misleading and would not be detrimental to the best interests of the Village and the public, the Mayor or such Village officer designated by him shall issue a license signed by the Mayor or such designated officer.
The Board of Trustees may place reasonable restrictions on the granting of any such license, to include, but not be limited to, the hours of solicitation, the number of persons soliciting, the locality of such solicitation, and the period for which such license is granted. Specifically, the following restrictions shall apply:
A. 
A licensed hawker, peddler or solicitor shall not permit any cart, wagon, or vehicle owned or operated or controlled by him to stand or remain stationary, nor shall be sell or offer for sale therefrom or from any pack or container any goods, wares, or merchandise of any kind, within the lines of any street, highway, or sidewalk in the Village of North Haven for a longer period than 15 minutes, or within 1,500 feet of any public market or store engaged in the business of selling the same goods, wares, and merchandise offered by the licensee, or in front of any premises if the owner or lessee thereof objects thereto.
B. 
Vehicle requirements:
(1) 
Motor vehicles vending ice cream, ices or other merchandise shall be parked at the curb, at least 200 feet from all intersecting streets.
(2) 
Such vehicles shall contain six blinker lights, at least five inches in diameter, continuously blinking, two lights at the roof height and two lights at fender level of the vehicle and at least two blinker lights at the roof level in the front, to give proper warning to other vehicles of its presence at the curb.
(3) 
All vending vehicles shall be equipped with a backup alarm system in proper working order.
(4) 
No peddler or solicitor shall have any exclusive right to any location in any street or on any public property, nor shall any peddler or solicitor be permitted to occupy any stationary location in any street or any public property. No person may peddle or solicit in any congested place or area when or where such activity may impede or inconvenience the public or add to the congestion of such place or area. For the purpose of this section, the judgment of any peace officer or police officer, exercised in good faith, shall be deemed conclusive as to the existence of congestion and as to whether the public is impeded or inconvenienced.
(5) 
Due to the traffic congestion on all state or county roads in the Village of North Haven during the hours set forth herein, no person shall park any vehicle, cart, wagon or trailer between the hours of 9:00 a.m. and 5:00 p.m. upon any state or county road in the Village, or within 25 feet of the paved portion thereof, or within 200 feet from the point where any state or county road intersects any other road or highway, for the purpose of peddling, selling or soliciting the sale of goods, wares, food products or merchandise.
C. 
It shall be unlawful:
(1) 
For any peddler, canvasser or solicitor to enter or attempt to gain entry or admission to any premises posted with any sign, the purpose of which is to prevent, prohibit or avoid peddling or soliciting thereat.
(2) 
For any person to solicit, canvass or peddle within 200 feet of any place used or occupied as a public or private school, school grounds, church, synagogue or place of worship, firehouse or public building, or to permit his cart, wagon or vehicle to stand on any street or public place within 200 feet of such property.
The Board of Trustees may establish such regulations as it may deem necessary in effectuating the purposes and objects of this chapter.
All persons are forbidden, in any residential zone or district, from offering for sale any goods, wares or merchandise, except farm or garden produce raised and produced on premises owned and occupied by such persons and at which such farm or garden produce is offered for sale. This section does not apply to activities commonly referred to as "yard sales," which are in Chapter 90 of this Code.
A. 
The provisions of this chapter shall not apply to the following:
(1) 
Persons engaged in political campaigns.
(2) 
Such peddling, canvassing or soliciting as to require a license for an honorably discharged solder, sailor or marine of the military or naval service of the United States who has obtained a license from the County Clerk of Suffolk County to hawk, peddle, vend, canvass, or solicit trade in pursuance of law.
(3) 
Charitable or other organizations or persons exempted from compliance with the provisions of Article 10-A of the New York Social Welfare Law, nor any political organization or any division, branch, part or representative thereof.
(4) 
Persons engaged in the distribution of a newspaper published at stated intervals for the purpose of conveying news to its subscribers, buyers or readers.
(5) 
Any person who keeps, maintains or operates a store, market, shop or similar permanent place of business and who operates, runs or uses a cart, wagon, truck or other vehicle for the purpose of making delivery of goods, wares, merchandise or provisions bought or ordered at such place of business.
(6) 
The provisions of this chapter shall not apply to any person solely engaged in the delivery, trucking, carting business or delivering of such goods, wares, merchandise or provisions for or on behalf of any supermarket, department store, permanent place of business or any establishment within or outside the Village of North Haven.
(7) 
The exemptions to the provisions of this chapter shall not apply to any person or organization, charitable or otherwise, as herein provided, for the solicitation or collection of donations or funds, regardless of the type or character of such organization or the purpose thereof.
Any person committing an offense against any provision of this chapter 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 chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.