Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature 5-13-1975 by L.L. No. 8-1975 (Ch. 475 of the 1985 Code). Amendments noted where applicable. Uncodified sections of certain local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Fuel-delivery vehicles — See Ch. 485.
Off-street parking — See Ch. 639.
Safe school zones — See Ch. 713.
Vehicles and traffic — See Ch. 818.
Child protection — See Ch. 880.
826a Uncod LL Pro

§ 826-1 Legislative intent.

A. 
It has come to the attention of the members of this Legislature that there have been numerous instances where citizens of the County of Suffolk, especially young children, have been killed or seriously injured while going to and returning from street-vending vehicles which stop on the roadways, or the shoulders of the roadways, for the purpose of selling food items to the public from these vehicles. It is further noted that these street-vending vehicles use various loudspeakers, bells and other devices of an audible nature, as well as colored lights, to attract the public, especially young children, to these vehicles as they travel the roadways within the County.
B. 
It is the consensus of the members of this Legislature that the state and local legislation which now exists to regulate and control such vehicles is insufficient to prevent such injury and death. Requests for amendments to the State Vehicle and Traffic Law in regard to necessary safety devices and procedures have failed to produce any such needed legislation.

§ 826-2 Definitions.

[Amended 12-21-2004 by L.L. No. 4-2005]
As used in this chapter, the following terms shall have the meanings indicated:
HELPER
Any person who does not drive a street-vending vehicle but directly aids and assists in the operation of the street-vending vehicle.
PERSON
Any individual, corporation, partnership, association or any other business entity.
ROADWAY
Any public road, street or highway.
STREET-VENDING VEHICLE
Any vehicle which is used to sell or give a commodity or provide a service which tends to attract children and travels or is capable of traveling the various roadways within the County, making frequent, intermittent and unscheduled stops on the roadways or shoulders of the roadways, in order to sell or give these commodities or provide these services.

§ 826-3 Required equipment.

[Amended 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No. 13-1981; 8-11-1981 by L.L. No. 33-1981; 2-9-1999 by L.L. No. 6-1999; 6-29-1999 by L.L. No. 20-1999]
In addition to the other equipment required by law, every street-vending vehicle operating in Suffolk County shall be equipped with:
A. 
A swing arm that can be extended horizontally from the left side of the vehicle duplicating the design, size and specifications described in Subsection D. This arm shall be red and white in color and shall contain two simultaneously flashing red lights on the front and two simultaneously flashing red lights on the rear.
B. 
Convex mirrors mounted on the front and rear of the vehicle so that the driver, in his normal seated position, can see the area in front of the truck obscured by the hood and an area in the rear extending across the truck and four feet to the rear of the bumper. Limited-use motorcycle vending vehicles are exempt from this provision.
C. 
Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five inches to seven inches in diameter and shall display two simultaneously flashing red lights to the front and two simultaneously flashing red lights to the rear, both of which are visible at 500 feet in normal sunlight upon a straight, level highway.
D. 
The swing arm required in Subsection A shall be as follows: an arm made of any material approved by the Commissioner of the Suffolk County Department of Public Works. That part of the swing arm that is attached to the vehicle itself shall be 7 3/16 inches in height and, when extended outward and to the side of the vehicle, shall extend to a length of 18 inches and flared to a height of 18 inches. Located at the upper and lower corners of the eighteen-inch side will be flashing red lights visible from the front and red lights visible from the rear. These lights shall be four inches in diameter and shall flash simultaneously. The background of the sign shall be painted red and shall be reflective. The lettering shall be painted white. In the middle, in letters five inches in height, shall be painted the word "STOP," and just above the word "STOP" shall be printed in two-inch letters the words "IF SAFE," and just below the word "STOP" shall be printed in two-inch letters the words "THEN GO." The sign shall be lettered and painted on both sides so that it will be visible from both the front and rear. The bottom of said sign shall be at a height of not less than 42 inches above the level of the streets, except for limited-use motorcycle vending vehicles, where the height to the bottom of said sign shall be not less than 25 inches.
E. 
The driver of a street-vending vehicle shall activate the swing arm described in Subsection D when he or she stops the vehicle to make or attempt a sale. The failure to activate the swing arm shall constitute a violation of this chapter.
[Added 12-20-2005 by L.L. No. 7-2006]

§ 826-4 Drivers required to stop.

[Added 12-20-2005 by L.L. No. 7-2006]
All motor vehicles approaching a stopped street-vending vehicle, which has activated the swing arm described in Subsection D, shall stop and observe for pedestrians before proceeding past the street-vending vehicle. The failure by an operator of a motor vehicle to stop before proceeding past a street-vending vehicle shall be a violation of this chapter.

§ 826-5 Use of safety equipment.

A. 
It shall be a violation of this chapter for the driver of a street-vending vehicle to stop on the highway for the purpose of selling or offering for sale his commodity or service without activating the special flashing lights and extending the swing arm required and described in § 826-3.
B. 
The special lights and swing arm shall not be used when the vending vehicle is in motion, nor at any time when the vehicle is stopped for a purpose other than vending.

§ 826-6 Operating restrictions.

[Amended 12-21-2004 by L.L. No. 4-2005]
A. 
A person shall not operate a street-vending vehicle on roadways where the speed limit exceeds 30 miles per hour.
B. 
A person shall vend only when the street-vending vehicle is lawfully parked.
C. 
A person shall vend only from the side or rear of the street-vending vehicle, away from moving traffic and as near as possible to the curb or edge of the roadway.
D. 
A person shall not vend to a person standing in a roadway.
E. 
A person shall not operate a street-vending vehicle or aid in the operation thereof unless certified to do so in accordance with § 826-8 of this chapter.
F. 
The driver of a street-vending vehicle shall not back the vehicle to make or attempt a sale.

§ 826-7 Restrictions on riders.

[Amended 5-27-1975 by L.L. No. 9-1975; 5-11-1976 by L.L. No. 9-1976; 12-21-2004 by L.L. No. 4-2005]
A. 
The driver of a street-vending vehicle shall not permit any person, other than a helper directly aiding the driver in the sale or distribution of the product or service, to ride on or in the vehicle.
B. 
The certified driver is responsible for the actions of the helper as regards the restrictions covered in § 826-6, and the driver is subject to the penalties herein imposed for violation of said section by the authorized helper.

§ 826-8 Driver and helper certification.

[Amended 5-27-1975 by L.L. No. 9-1975; 5-11-1976 by L.L. No. 9-1976; 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No. 13-1981; 12-21-2004 by L.L. No. 4-2005]
A. 
All drivers of street-vending vehicles in Suffolk County and helpers, as defined in this chapter, shall be required to be certified annually by the Commissioner of the Suffolk County Department of Public Works.
B. 
Requirements for driver certification.
(1) 
The driver shall be no less than 17 years of age.
(2) 
The driver shall have an acceptable driving record over the past 18 months. If the license has been in effect for a lesser period, then it shall be for the total period of license possession, but in no event less than one year.
(3) 
Safety training course.
(a) 
The driver shall be required to take a safety training course and to pass a written examination given under the supervision of the Commissioner of the Suffolk County Department of Public Works.
(b) 
Course attendees who fail to pass the written examination may request a reexamination. Failure to pass this reexamination will require the filing of a new application for certification.
(4) 
Character requirements.
[Amended 12-20-2005 by L.L. No. 7-2006]
(a) 
The applicant shall be of good moral character. A three-member panel shall make this determination. The panel shall consist of the Commissioner of Public Works, or his or her designee, the Commissioner of the Police Department, or his or her designee, and the Commissioner of the Department of Probation, or his or her designee. In determining the applicant's fitness under this subsection, the panel may consider prior convictions of crimes which might serve to render the applicant unsuitable or undesirable for vending, particularly to children. Convictions for crimes of violence, the criminal possession or sale of controlled substances and sex offenses, particularly those involving minors, are examples of those offenses which may be considered in making a determination of the applicant's fitness under this section.
(b) 
The conviction of an applicant of a crime involving a sex offense against or involving a minor, the sale of a controlled substance to a minor or violence against a minor shall disqualify an applicant from certification under this section unless the applicant has been granted a certificate of relief from disabilities, a certificate of good conduct, or a similar certificate from a jurisdiction outside the State of New York. Such certificate shall be issued by the court having jurisdiction over the conviction and shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense for which the person was convicted will have on the applicant's certification as a driver of a street-vending vehicle. The panel may, on the basis of such a certificate, recommend certification of an applicant, notwithstanding the aforementioned criminal convictions.
(c) 
The Department of Public Works is hereby authorized to require fingerprints from applicants for certification. The Department shall forward all fingerprint cards to the New York State Division of Criminal Justice Services (DCJS), together with any required fees, for a criminal history check. The criminal history records sent by DCJS shall be submitted to the panel for review and consideration.
C. 
Requirements for helper certification. All applicants for certification as a helper shall be subject to the safety training and character requirements described in Subsection B(3) and (4) of this section.
D. 
The Commissioner of the Suffolk County Department of Public Works shall establish criteria for determining whether applicants for certification meet the requirements of Subsections B and C.
E. 
A fee covering the administrative and operational costs of certification shall be established by the Commissioner of the Suffolk County Department of Public Works and charged each person who applies for certification.
F. 
Drivers and helpers shall display the certification issued to them by the Department of Public Works in a location on or within their street-vending vehicle so that it is readily observable by members of the public who approach the vehicle.
[Added 12-20-2005 by L.L. No. 7-2006]

§ 826-9 Penalties for offenses.

[Amended 12-21-2004 by L.L. No. 4-2005[1]]
Any person found to be in violation of the provisions of this chapter shall be deemed guilty of a violation and shall be subject to punishment by a fine not to exceed $500 or by a period of incarceration in the Suffolk County Correctional Facility not to exceed 15 days, or both, for each offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).

§ 826-10 Rules and regulations.

[Amended 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No. 13-1981]
The Commissioner of the Suffolk County Department of Public Works may, from time to time, formulate regulations as he may deem necessary to carry out the purposes of this chapter. Such regulations, however, shall not become effective until approved by the County Legislature.