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Town of Greenville, NY
Orange County
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Table of Contents
Table of Contents
Code
New Laws (1) Index
[HISTORY: Adopted by the Town Board of the Town of Greenville as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2013 by L.L. No. 1-2013]
The purpose of this article is to promote and protect the health, safety and general welfare of the community, and the preservation and protection of the property of the Town of Greenville and its residents.
The following words and phrases shall have the meaning set forth unless the context of their use clearly indicates otherwise:
APPLICANT
Any person by or for whom an application is made under this article.
PERSON
A natural person, corporation, partnership, association, joint venture, society or other organization or association of any kind, whether acting as principal, agent, employer or employee.
PROPERTY
Any goods, wares, merchandise, food, or other article or thing of every kind or nature except newspapers.
TOWN
The Town of Greenville, Orange County, New York.
TRANSIENT BUSINESS
A retail or wholesale business conducted from a temporary structure or tent, truck, van or trailer, stand, parking lot or vacant parcel of land, in a public right-of-way or in or on any other place in the Town, but not outdoor sales of property or services accessory to a business conducted within a permanent structure on the same premises or the sale of food products raised or produced on the same premises from a temporary or seasonal stand, provided that the principal structure or activities otherwise comply with all other laws, regulations and ordinances of the Town.
TRANSIENT MERCHANT
A merchant or vendor who chooses a specific location within the Town upon which to erect or park a cart, tent, wagon, truck or stand from which to engage in a transient business, with the intent to return to the same location each day. This category shall include temporary, off-premises roadside stands established for the purpose of selling vegetables, fruit or other farm products; food wagons; Christmas trees; and any nonperishable goods. A temporary merchant must not have a vested interest in the location and must have the written permission of the owner of the location.
No person shall engage in a transient business within the Town of Greenville without first obtaining a permit as set forth in this article.
No permit shall be required for any charitable organization qualified as a tax-exempt organization under Section 501 of the Internal Revenue Code.
No transient business activities, whether or not exempt from the permit requirements of this article, shall be conducted before 9:00 a.m. or after the earlier of one half hour after sunset or 8:00 p.m.
A. 
An application for a permit under this article shall be submitted to the Town Clerk and shall contain the following:
(1) 
The name, home address and local address, if any, of the applicant.
(2) 
A physical description of the applicant, giving date of birth, height, weight, and color of hair and eyes.
(3) 
A photographic identification of the applicant.
(4) 
A description of the exact business or activity in which the applicant intends to engage and of the nature of any property or services involved.
(5) 
A statement as to the period of time during which the applicant intends to engage in the business or activity regulated under this article.
(6) 
The name and address of the employer, if any, together with credentials establishing the exact relationship.
(7) 
The place where the goods or property to be sold or offered for sale are manufactured or produced, the place where such goods or property are located at the time such application is filed, and the proposed method of delivery.
(8) 
Proof that the applicant, or his/her employer or principal, is registered for sales tax purposes, if the business or activity to be conducted is subject to sales or use tax.
(9) 
A certificate of insurance naming the Town as coinsured.
(10) 
A description of any motor vehicle that will be used for pickup or delivery of property or for the purpose of bringing any such property into the Town for peddling or soliciting, to include the name of the manufacturer, year, type of vehicle, vehicle identification number, registration plate number, titleholder, and the name of the person other than the titleholder to whom the vehicle is registered, as well as proof that the vehicle is insured.
(11) 
A copy of the applicant's criminal record, if any.
(12) 
In the event that the requested permit is for the sale of food or drink, copies of all approvals necessary from the relevant New York State agencies.
B. 
The application shall be signed by the applicant and sworn to before a notary public or other officer authorized to administer oaths.
C. 
The Town Clerk shall issue a permit if in his/her judgment all of the above requirements contained herein are met and all applicable fees are paid.
D. 
The Town Clerk may refuse to issue a permit if the application is incomplete or the applicant is found to not be a person of good moral character or reputation as determined by the Town Clerk. Any refusal to issue a permit shall be provided in writing to the applicant within 14 days of the final determination of the Town Clerk.
A. 
All applicants proposing to sell food items shall be required to obtain a food handler's license from the Orange County Health Department.
B. 
Locations shall be restricted to established off-street parking areas. Said locations shall be designed to provide parking spaces for a minimum of five vehicles. Both active and inactive off-street parking areas may be utilized if the above criteria are met. Written permission of residents within 500 feet of the proposed location in all directions shall be obtained and must be submitted by the applicant.
C. 
Not more than one transient merchant per lot will be permitted. A minimum distance of 2,000 feet shall be maintained between locations for temporary merchants.
D. 
Transient merchants shall be prohibited within 1,000 feet of an established commercial business engaged in similar activity at the time of the enactment of this article.
E. 
The area to be occupied by a single transient merchant, including a stand, tent, wagon, truck, sign and trash receptacle, shall not exceed 200 square feet.
F. 
Signs.
(1) 
One freestanding sign per transient merchant may be permitted.
(2) 
Signs must be constructed of durable material and maintained in a presentable condition.
(3) 
Lights of any kind shall be prohibited.
(4) 
No sign shall be placed within one foot of a property line or within an established sight triangle for interior lanes or access driveways.
(5) 
All freestanding signs must be removed and properly secured during nonoperating hours.
(6) 
Maximum sign face shall not exceed four square feet and shall not exceed four feet in height.
G. 
The transient merchant shall be responsible for providing and maintaining an appropriate trash receptacle and shall be responsible for trash removal at the end of each day.
H. 
Transient merchants shall remove themselves and their property from the assigned space each night and maintain the grounds in a clean and safe condition.
A. 
Permits issued under this article shall automatically terminate 90 days after issuance.
B. 
No permit issued under this article is transferable.
C. 
A transient business permit shall be limited to a single location. If the location is in a public right-of-way, it must be approved by the New York State Police and all other necessary county and state agencies. If the location is not in a public right-of-way, it must be approved by the Building Department.
A. 
No person or applicant shall use or enter upon private property for any activity requiring a permit under this article without the consent of the owner.
B. 
No person shall conduct a transient business on Town property.
The Town Clerk shall maintain a record of all licenses issued under the provisions of this article and shall record therein all convictions for violations herein and other pertinent circumstances and incidents as reported by law enforcement personnel.
A. 
A permit may be revoked for any of the following causes:
(1) 
Any violation of this article committed subsequent to issuance of the permit.
(2) 
Any misrepresentation or false statement contained in the permit application.
(3) 
Any misrepresentation or false statement made in the course of carrying on activities regulated herein.
(4) 
Conviction of any crime or misdemeanor relating adversely to the occupation of peddling or merchandising.
(5) 
Conducting the business subject to the permit in an unlawful manner.
(6) 
Conducting the business subject to the permit in violation of this article.
(7) 
Conducting the business subject to the permit in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
A permit may be revoked by the Town Clerk, the Supervisor, or any law enforcement personnel.
C. 
Any official authorized to revoke a permit shall provide a written explanation for the revocation within 14 days of the actual revocation.
Any person may appeal the refusal of a permit application or the revocation of a license. An appeal shall be made to the Town Board of the Town of Greenville. Such appeal shall be taken by the filing with the Town Board within 14 days of issuance of the written explanation of refusal or revocation. The appellant shall provide a written statement setting forth fully the grounds of the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided herein for explanation of refusal or revocation. The decision and order of the Town Board on such appeal shall be final and conclusive.
The following fees shall be paid to the Town Clerk with an application for a permit:
A. 
Monthly permit: $100 per month; three-month maximum.
Any person who violates any provision of this article shall be guilty of a violation. Each violation shall be punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
[Adopted 6-20-2013 by L.L. No. 2-2013]
The purpose of this article is to promote and protect the health, safety and general welfare of the community, and the preservation and protection of the property of the Town of Greenville and its residents. This legislation is adopted pursuant to § 32, Subdivision 8, of the General Business Law of the State of New York.
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
Any person by or for whom an application is made under this article.
MERCHANDISING
A. 
Selling or offering for sale, barter or exchange any property or service, either for immediate or future delivery or performance upon any street, road or highway or from house to house in the Town.
B. 
Seeking, taking or offering contracts or orders for any property for future sale or delivery or performance of any service upon any street, road or highway or from house to house in the Town.
C. 
Seeking or taking subscriptions or contributions of money or property upon any street, road or highway or from house to house in the Town.
D. 
Delivery or distribution of advertising matter, literature, pamphlets, samples or handbills house to house or on any streets, roads or highways or by going from place to place in the Town, but not including the delivery or distribution of newspapers, magazines or political or religious materials.
PEDDLER
Any person who goes from house to house or from place to place without appointment, traveling on the streets and roads, engaged in the practice of merchandising of any nature whatsoever. The word "peddler" shall include the words "hawker," "solicitor" or "canvasser."
PERSON
A natural person, corporation, partnership, association, joint venture, society or other organization or association of any kind, whether acting as principal, agent, employer or employee.
PROPERTY
Any goods, wares, merchandise or other article or thing of every kind or nature except newspapers.
TOWN
The Town of Greenville, Orange County, New York.
No person shall engage in merchandising, peddling, soliciting, hawking or canvassing without first obtaining a permit as set forth in this article.
No permit shall be required for any charitable organization qualified as a tax-exempt organization under Section 501 of the Internal Revenue Code.
No merchandising, peddling, soliciting, hawking or canvassing, even if exempt from requirements of this article, shall be conducted before 9:00 a.m. or after the earlier of one half hour after sunset or 8:00 p.m.
A. 
An application for a permit under this article shall be submitted to the Town Clerk and shall contain the following:
(1) 
The name, home address and local address, if any, of the applicant.
(2) 
A physical description of the applicant, giving date of birth, height, weight, and color of hair and eyes.
(3) 
A photographic identification of the applicant.
(4) 
A description of the exact business or activity in which the applicant intends to engage and of the nature of any property or services involved.
(5) 
A statement as to the period of time during which the applicant intends to engage in the business or activity regulated under this article.
(6) 
The name and address of the employer, if any, together with credentials establishing the exact relationship.
(7) 
The place where the goods or property to be sold or offered for sale are manufactured or produced, the place where such goods or property are located at the time such application is filed, and the proposed method of delivery.
(8) 
Proof that the applicant, or his/her employer or principal, is registered for sales tax purposes, if the business or activity to be conducted is subject to sales or use tax.
(9) 
A certificate of insurance naming the Town as coinsured.
(10) 
A description of any motor vehicle that will be used for pickup or delivery of property or for the purpose of bringing any such property into the Town for peddling or soliciting, to include the name of the manufacturer, year, type of vehicle, vehicle identification number, registration plate number, titleholder, and the name of the person other than the titleholder to whom the vehicle is registered, as well as proof that the vehicle is insured.
(11) 
A copy of the applicant's criminal record, if any.
(12) 
In the event that the requested permit is for the sale of food or drink, copies of all approvals necessary from the relevant New York State agencies.
B. 
The application shall be signed by the applicant and sworn to before a notary public or other officer authorized to administer oaths.
C. 
The Town Clerk shall issue a permit if in his/her judgment all of the above requirements contained herein are met and all applicable fees are paid.
D. 
The Town Clerk may refuse to issue a permit if the application is incomplete or the applicant is found to not be a person of good moral character or reputation as determined by the Town Clerk. Any refusal to issue a permit shall be provided in writing to the applicant within 14 days of the final determination of the Town Clerk.
A. 
Permits issued under this article shall terminate on December 31 of the year in which they are issued.
B. 
No permit issued under this article is transferable.
C. 
Every holder of a permit issued under this article shall carry such permit with him/her while engaged in the business or activity. Every holder of a permit issued under this article shall produce such permit at the request of any official of the Town.
No person or applicant shall use or enter upon private property for any activity requiring a permit under this article without the consent of the owner.
The Town Clerk shall maintain a record of all licenses issued under the provisions of this article and shall record therein all convictions for violations herein and other pertinent circumstances and incidents as reported by law enforcement personnel.
The following fees shall be paid to the Town Clerk with an application for a permit:
A. 
Annual permit: $250 per year.
B. 
Daily permit: $25 per day.
A. 
A permit may be revoked for any of the following causes:
(1) 
Any violation of this article committed subsequent to issuance of the permit.
(2) 
Any misrepresentation or false statement contained in the permit application.
(3) 
Any misrepresentation or false statement made in the course of carrying on activities regulated herein.
(4) 
Conviction of any crime or misdemeanor relating adversely to the occupation of peddling or merchandising.
(5) 
Conducting the business subject to the permit in an unlawful manner.
(6) 
Conducting the business subject to the permit in violation of this article.
(7) 
Conducting the business subject to the permit in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
B. 
A permit may be revoked by the Town Clerk, the Supervisor, or any law enforcement personnel.
C. 
Any official authorized to revoke a permit shall provide a written explanation for the revocation within 14 days of the actual revocation.
Any person may appeal the refusal of a permit application or the revocation of a license. An appeal shall be made to the Town Board of the Town of Greenville. Such appeal shall be taken by the filing with the Town Board within 14 days of issuance of the written explanation of refusal or revocation. The appellant shall provide a written statement setting forth fully the grounds of the appeal. The Town Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided herein for explanation of refusal or revocation. The decision and order of the Town Board on such appeal shall be final and conclusive.
Any person who violates any provision of this article shall be guilty of a violation. Each violation shall be punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.