HomeMy WebLinkAbout2020_6_24_Local_Law_No_6
Local Law No. 6 - 2020
This local law shall be known as the “Setting of Time Limits and Fees for Peddling and
Soliciting, and Creating an Option for Residents to Prohibit Peddling and Soliciting” law.
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 – Purpose:
While the Town Board believes that the majority of its citizens would prefer not to receive
peddlers and solicitors at their front doors in the evening, the Board is mindful of federal cases,
such as New York Community Action Network v Town of Hempstead (601 F Supp 1066 \[EDNY 1984\])
which have held that solicitation is commercial free speech protected from undue regulation by
the First Amendment to the United States Constitution. This law is designed to bring the Town’s
regulation of peddling and soliciting within the scope of the rulings in such cases.
Section 2 – Amendment of a current section of the Mamaroneck Code:
Section 154-10 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§154-10. Prohibited times for peddling and soliciting.
No person shall barter, sell, peddle, hawk or vend goods, wares, merchandise, produce or services
of an established business upon the streets, roads, highways or public places of the Town or by
going from house to house soliciting purchases before 9:00 a.m. (prevailing time) or after the later
of 6:00 p.m. (prevailing time) or sunset.
Section 3 – Amendment of a current section of the Mamaroneck Code:
Section 154-11 of the Code of the Town of Mamaroneck hereby is repealed and the
following substituted in its place:
§154-11. Resident’s decision not to allow solicitation.
A. Any person who does not want in-person solicitation upon the private property that
he/she owns or occupies may advise the Town of his/her objection to solicitation through a
written or electronically transmitted notice either mailed or transmitted to the Town Clerk
that includes the following information:
1. The name of the person(s) filing the objection.
2. That person(s)’ address.
3. The date that a “No Solicitation”, “No Peddlers” or a sign conveying that message
was erected on the property that the person owns or occupies.
B. The Town Clerk shall prepare, and from to time update, a list of the names and addresses
of the persons who advise of their decision not to allow in-person solicitation and either
shall deliver such list to the Police Department and the Building Department or provide
those departments with electronic access to that list. Periodically, but not less than
annually, the Town Clerk may, but is not required to, ask the persons appearing on the list
whether they wish to remain on the list. The Town Clerk shall strike from the list those
persons who affirmatively state that they no longer wish to be on the list and may, but is
not required to, strike the name of any person who does not respond within 30 days after
the Town Clerk’s inquiry shall have been sent.
C. It shall be a violation of this chapter for any person to barter, sell, peddle, hawk or vend
goods, wares, merchandise, produce or services of an established business on private
property included on the list prepared by the Town Clerk pursuant to section 154-11 B. of
the Code if a “No Solicitation”, “No Peddlers” or a sign conveying that message is
prominently displayed on that property.
Section 4 – Addition of a new section to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended by adding the following section
thereto:
§154-12. Penalties for violating this chapter.
A. Any person violating any provision of this chapter shall be guilty of a violation punishable
by a fine of not less than $250 and not more than $500.
B. Every incident of a person violating a provision of this chapter shall be a separate
violation, even if committed on the same day.
Section 5 – Amendment of a current section of the Mamaroneck Code:
Section A-250-1 of the Code of the Town of Mamaroneck hereby is amended by repealing
the part thereof that reads:
§ 154-7A Peddling license, vehicle $125
§ 154-7B Peddler's license $125
and substituting the following in its place:
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§ 154-6 Peddling license, vehicle $50
§ 154-6 Peddler's license $50
Section 6 – Addition of a new section to the Mamaroneck Code:
The Code of the Town of Mamaroneck hereby is amended by adding the following section
thereto:
§154-13. Severability.
Should any provision of this chapter be declared invalid or unconstitutional by any court
of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any
other provisions of this chapter, which may be implemented without the invalid or
unconstitutional provisions.
Section 7 – Severability:
Should any provision of this Local Law be declared invalid or unconstitutional by any
court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not
affect any other provisions of this Local Law, which may be implemented without the invalid or
unconstitutional provisions.
Section 8 – Effective Date:
This Local Law shall become effective upon filing with the Secretary of State.
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