[Amended 3-12-1991 by L.L. No. 1-1991; 3-7-2023 by L.L. No. 4-2023]
A violation against this chapter shall be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days,
or both. Any person found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter shall be subject to
a monetary penalty within the range of fines authorized by this article.
[Added 3-12-1991 by L.L. No. 1-1991]
The Comptroller may render invoices for the costs of Town services.
[Added 9-29-2009 by L.L. No. 10-2009]
A.Â
Legislative intent. It is the intention of the Town Board to protect
the health, safety and welfare of motorists and pedestrians using
public rights-of-way within the Town of Oyster Bay, and persons standing
in close proximity to said public rights-of-way, from the dangers
of obstruction, distraction and delays of traffic caused by the solicitation
of employment by pedestrians from or directed to operators or occupants
of motor vehicles while utilizing the Town's public rights-of-way,
or by the offer of employment to pedestrians by the operators or occupants
of motor vehicles while utilizing the Town's public rights-of-way.
B.Â
EMPLOYMENT
PERSON
PUBLIC RIGHT-OF-WAY
SOLICIT or SOLICITATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Services, industry or labor performed by a person for wages
or other compensation under any contract of hire, written or oral,
express or implied.
Any individual, company, corporation, association, business
or legal entity.
All of the areas dedicated to public use for public street
purposes and shall include roadways, parkways, highways, streets,
medians, sidewalks, curbs, slopes, and areas of land between the sidewalk
and the curb, which are also known as "utility strips," except for
lawful public parking areas.
Any request, offer, enticement or action which announces
the availability for or of employment, or a request, offer, enticement
or action which seeks to offer or secure employment. Examples of behavior
which constitute solicitation of employment include but are not limited
to waving arms, making hand signals, shouting to someone in a vehicle,
jumping up and down, waving signs soliciting employment pointed at
persons in vehicles, approaching vehicles, standing in the public
right-of-way while facing vehicles in the roadway or entering the
roadway portion of a public right-of-way for the purpose of seeking
employment. A solicitation shall be deemed complete when made, whether
or not an employment relationship is created, a transaction is completed
or an exchange of money or property takes place.
C.Â
It shall be unlawful for any person standing within or adjacent to
any public right-of-way within the Town of Oyster Bay to stop or attempt
to stop any motor vehicle utilizing said public right-of-way for the
purpose of soliciting employment of any kind from the occupants of
said motor vehicle.
D.Â
It shall be unlawful for the operator of any motor vehicle utilizing
a public right-of-way within the Town of Oyster Bay to stop or stand
within or adjacent to said public right-of-way or any area designated
as either a traffic lane or a no-standing or no-stopping zone for
the purpose of soliciting employment or accepting a solicitation of
employment from a pedestrian.
E.Â
Nothing contained herein shall be construed to prohibit the following:
(1)Â
Service-related activities such as taxicabs, limousine service, public
transportation vehicles, towing operations, ambulance service and
similar uses.
(2)Â
Nothing shall prohibit a business or property owner from soliciting
employment at or upon the property owner's private property; provided,
however, that automobiles, recreational vehicles, trailers, trucks
and other vehicles do not constitute a business property exempt from
the provisions of this section.
F.Â
Penalties for offenses. Any violation of this section is punishable
by a fine of not more than $250 for each offense.
