The purpose of this article is to prevent fraud,
crime and unethical conduct and is for the general protection, health
and welfare of the residents of the Village of Brewster.
A.
CANVASSING
PERMIT
PERSONAL CONTACT
SOLICITING
Definitions. As used in this article, the following
terms shall have the meanings indicated:
The personal contact one makes with another, either on the
highways and streets of this Village or on public or private property
other than his own, for the purpose of raising funds for, supporting
goals of or recruiting new members into any organization. Canvassing
shall also be deemed to be making surveys for research purposes, analysis,
opinion polls, rating data and any such similar work which, of its
nature, involves a door-to-door or place-to-place activity.
The permit issued by the Village Clerk to a representative
or representatives of an organization to canvass and solicit.
The face-to-face canvassing or soliciting of a person by
another. Mail and telephone contact does not require a permit under
this article.
Includes any request, offer, enticement or action which announces
the availability for or of employment, labor or personal services
to be rendered. As defined herein, solicitation shall be deemed complete
when made, whether or not an actual employment relationship is created,
and transaction is completed or an exchange of money or other property
takes place.
B.
Gender. The terms "he," "him" or "his" shall also
mean "she," "her" or "hers."
It shall be unlawful for any person to canvass
within the Village of Brewster without having first obtained and having
in full force and effect a permit therefor.
The applicant shall submit a filing fee in accordance with § 179-5 of this chapter.
Provided that the applicant has furnished the data required by § 179-16, the Village Clerk shall forthwith issue a permit to the applicant. Each canvasser must plainly display his permit on his clothing while canvassing.
A permit shall not be denied unless the applicant fails to furnish the information required by § 179-16. Notice of such omission shall be furnished to the applicant by the Village Clerk, in writing, within 48 hours of the denial.
The permit shall authorize the canvassing by
the applicant for a period not exceeding three months from the date
of its issuance.
A.
No permit once duly issued shall be revoked except
upon one or more of the following grounds:
B.
Appeals. Any person aggrieved by the action of the Village Clerk in the denial of the application for a license as provided in § 179-3 shall have the right to appeal to the Village of Brewster Board of Trustees. Such appeal shall be taken by filing, within 14 days after notice of action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for such appeal. The Village of Brewster Board of Trustees shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant at the address set forth on the application at least 10 days prior to the date set for the hearing. The decision and order of the Village of Brewster Board of Trustees on such appeal shall be final and conclusive.
No canvasser or solicitor shall represent that
the granting of a permit hereunder signifies an endorsement of the
methods, goals or precepts of the organization by the Village of Brewster.
A.
It shall be unlawful for any person, while standing
in any portion of the public right-of-way, including but not limited
to public streets, highways, sidewalks, parking lots and driveways,
to solicit, or attempt to solicit, employment, business or other property
from any person traveling in a vehicle along a public right-of-way,
including but not limited to public streets, highways or driveways.
B.
It shall be unlawful for any person, while the occupant
of any vehicle, to solicit, or attempt to solicit, employment, business
or contributions of money or other property within the public right-of-way,
including but not limited to a public street, highway, sidewalk or
driveway.
C.
Should an owner, tenant or manager of private property
display a sign prohibiting canvassing or soliciting, the permit granted
hereunder shall not authorize the permittee to enter upon such property.
Further, no permittee should engage in any inconsonant touching of
another person or interfere with the pedestrian or vehicular traffic
flow while conducting his solicitation. Disregard of such prohibitions
shall result in revocation of the permit.
A.
Nothing in this article shall be held to apply to:
(1)
Any sales conducted pursuant to statute or by order
of any court.
(2)
Any person selling personal property at wholesale
to dealers in such articles.
(3)
Merchants having established places of business within
the Village or their employees soliciting orders from customers and
delivering same.
(4)
A solicitation to perform employment or business for
the owner or lawful tenants of an established place of business.
B.
This article shall not apply so as to unlawfully interfere
with interstate commerce.
C.
A child 18 years or under enrolled in any public,
parochial or private school and living within the Village of Brewster
is exempt from the provisions of this article.
Political activities are exempt from the provisions
of this article.
Anyone canvassing or soliciting without a permit
shall be guilty of a violation of this article punishable by a penalty
not to exceed $250 or a jail term not to exceed 15 days, or by both
penalty and imprisonment.
Not withstanding anything to the contrary within this article, the Village of Brewster Board of Trustees is hereby authorized to establish from time to time "for-hire work zones" within the Village of Brewster geographic limitations. Wherein individuals may perform acts of soliciting upon the establishment of such for-hire work zones, individuals soliciting in such areas shall obtain a permit therefor by making application therefor in accordance with the provisions of § 179-4A(1) and (2) and 179-4B of this chapter.[1] Such permit shall be valid for one year. Such permit shall be valid only for soliciting activities in the designated for-hire work zone area. Such permits shall be subject to revocation as otherwise provided in § 179-21A and B of this article. Appeals of any decision revoking such permit as provided for herein shall be governed by § 179-21.
[1]
Editor's Note: The "Application for Permit
- For-Hire Work Zone" which originally accompanied this chapter is
on file in the Village offices.
