[HISTORY: Adopted by the Town Board of the
Town of Galway as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 93.
[Adopted 11-14-1978]
The Town Clerk is hereby appointed as the issuing
agent to issue parking permits for handicapped persons pursuant to
§ 1203-a of the Vehicle and Traffic Law. The permits shall
be issued upon application by any eligible handicapped person who
is a resident of the Town of Galway. The Town Clerk shall maintain
a recordkeeping system which will provide a record of all persons
to whom the permits were issued. Applications shall be processed within
21 days of receipt.
In determining who qualifies as a handicapped
person, the Town Clerk will follow the guidelines established by the
State Advocate for the Disabled.
The following documents and forms, recommended
by the Office of Advocate for the Disabled, are hereby adopted as
the official forms for applications for handicapped parking permits:
medical certification.
[Adopted 8-14-2018 by L.L. No. 2-2018]
As used in this article, the following terms shall have the
meanings indicated:
The act or acts of offering to sell or selling at retail
or giving away at temporary or permanent locations any kind of character
of food or beverage frcim a mobile unlt.
Hereinafter referred to as a "mobile unit," any movable restaurant,
truck, van, cart, bicycle or other movable unit in, on or from which
food or beverage is sold or offered for sale at retail or given away
at temporary or permanent locations. Vehicles for the delivery of
previously ordered food or beverage, such as pizza, bread and milk,
are excluded from the foregoing definition.
Any person, firm or corporation engaged in the business of
peddling as defined in this article.
A.
It shall be unlawful to engage in the business of peddling any kind
or character of food or beverage from mobile units in the Town of
Galway, New York, without obtaining a permit pursuant to the provisions
of this article.
A.
Types of permits: single day or more than single day.
B.
The permit fees imposed shall be $10 for a single day and $50 for
more than a single day.
C.
All permits issued for more than a single day shall automatically
expire on January 1 of the following year.
D.
In addition to a permit being subject to the penalties provided below,
any perm.it issued under this article may be revoked by the Code Enforcement
Officer for any misstatement in the application or for any violation
of this article after notice and hearing; provided, however, that
a permit may be suspended for a period not exceeding 30 days upon
notice without a hearing. Should any permit be revoked or suspended,
no part of the permit fee shall be returned.
A.
Any person, firm or corporation desiring to engage in the business
mentioned above shall apply to the Town of Galway Enforcement Officer,
in writing, on forms supplied for such purpose and verified by said
person. The application, accompanied by the permit fee herein fixed,
shall set forth:
(1)
The name and address of the applicant;
(2)
The name and address of the owner of the mobile unit;
(3)
A description of said mobile unit to be licensed, giving the name
of the manufacturer, serial number, motor number and other insignia
appearing thereon, including the license plate number if a motor vehicle;
(4)
The date of purchase of the mobile unit and the name and address
of the person from whom acquired;
(5)
If the applicant is not the owner, the interest of the applicant
in the ownership or operation from whom acquired;
(6)
Whether any person, firm or corporation other than the applicant
has any interest whatsoever in the mobile unit sought to be licensed
to engage in the business defined above and, if so, the name and address
and interest of each;
(7)
Three business references;
(8)
All permanent home addresses of the applicant within the last three
years;
(9)
The name and address of the operator of said mobile unit if different
than the permit holder;
(10)
All location(s) where the mobile unit will be parked or used specifying
all site details, including, but not limited to, signs, tables, potable
water, wastewater treatment and disposal, etc; and
(11)
Written consent of any private landowner on which the mobile unit
will operate.
B.
Where the applicant is a firm or corporation, all provisions of Subsection A above shall be applicable to each officer of the corporation or member of a partnership.
C.
Said application shall be accompanied by the prescribed permit fee
and any necessary permit secured from the New York State Department
of Health.
D.
Permits will be awarded on a first-come, first-served basis.
E.
Failure to provide any required documentation or information, or
providing incomplete or inaccurate information or documentation, or
the applicant or application shall be deemed unfit for a permit, all
as determined in the sole and absolute discretion of the Code Enforcement
Officer, the applicant may be denied a permit.
A.
A permit for a mobile unit shall entitle the person named therein
to engage in the business mentioned above. Such permit shall not be
transferable. Upon the issuance of a permit, the Code Enforcement
Officer shall furnish the permit holder with a plate, badge, or other
evidence corresponding to the number of the permit and the year in
which it is issued. The plate, badge or other evidence shall be displayed
at all times in a conspicuous part of the permitted mobile unit or
carried upon the person of the salesman, as the case may be. Such
evidence shall be exhibited on demand of any citizen or any member
of law enforcement, Health Officer or Code Enforcement Officer. Permits
issued pursuant to the provisions of this article shall be effective
only for the period of time stated therein or herein.
B.
No permit shall be refused except for a specific reason and no permit
shall be granted to a person under 18 years of age. No applicant to
whom a permit has been refused or who has had a permit revoked shall
make further application until a period of at least six months shall
have elapsed since the last previous rejection or revocation.
A.
It shall be unlawful for anyone engaged in the business of peddling
any food or beverage from mobile units to misrepresent the character
or quality of the merchandise offered for sale or gift or to importune
or otherwise annoy any person or persons for the purpose of effecting
a sale.
B.
Compliance with other provisions.
(1)
All mobile unit vendors shall keep the vehicles and receptacles that
are used in a clean and sanitary condition and the foodstuffs and
edibles offered for sale or gift well covered and protected from dirt,
dust and insects;
(2)
All mobile unit vendors must adhere to New York State Public Health
Law § 225 and guidelines established by New York State Department
of Health regulations on mobile food service establishments and food
carts;
(3)
No such mobile units shall stop for the purpose of conducting business
within 200 feet of any school while in session, firehouse, public
building of any nature or any privately operated restaurant, tavern,
coffee shop or similar business;
(4)
Comply with all applicable laws, ordinances, and regulations;
(5)
Properly remove or dispose of all litter and trash created by the
activities and products within the vendor's location; no dumping
is allowed in public trash cans, grates, storm sewers, grass or other
areas;
(6)
Refrain from operating their mobile unit after the permit expires
and when the permit is suspended or revoked;
(7)
Surrender their permit promptly upon its revocation, suspension,
or other termination;
(8)
Display a copy of their New York State sales tax certificate on their
mobile unit;
(9)
Defend, indemnify, save and hold harmless the Town of Galway from
any and all claims arising from the vendor's use of public streets
and property, and shall be so duly insured in the minimum amount of
$1,000,000 naming the Town of Galway as additional insured;
(10)
The vendors will not discriminate against any employee, applicant
for employment, subcontractor, supplier of materials or services,
or program participant because of actual or perceived: age, creed,
color, disability, domestic violence victim status, ethnicity, familial
status, gender, gender identity or expression, height, weight, immigration
or citizenship status, marital status, military status, national origin,
predisposing genetic characteristics, race, religion, sexual orientation,
or socioeconomic status;
(11)
All vendors/permit holders shall cooperate with the Town of Galway,
law enforcement, and Department of Health employees;
(12)
Vendors shall not block or inhibit pedestrian traffic flow or allow
emergency vehicular traffic to be impeded because of operations;
(13)
Mobile units must be attended at all times;
(14)
No overnight parking (2:00 a.m. to 6:00 a.m.) allowed unless otherwise
noted on permit;
(15)
Smoke and/or odors must be vented, filtered or disposed of in a manner
so as to reasonably prevent the release of offensive smoke and/or
odor into the surrounding environment;
(16)
Vendors shall keep public spaces within a twenty-five-foot radius
of their mobile unit clean and free of refuse generated from the operation
of their mobile unit;
(17)
Vendors shall keep repetitive noise, music or amplified sound within
the twenty-five-foot radius of their food truck within the noise limits
established by Town of Galway rules, laws or regulations;
(18)
The Town reserves the right to move vendors without advance notice
for cause, including traffic or pedestrian safety, maintenance and
repair of public property, etc.;
(19)
The Town of Galway does not and will not provide water, sewer, or
electric service to mobile units;
(20)
Applicant shall indemnify the Town of Galway, its agents, servants,
and employees, and hold harmless, with regard to any and all claims
arising from the operation of the site by the mobile unit as herein
contemplated and permitted; and
(21)
Transfer or sale of any current permit is prohibited without written
authorization from the Code Enforcement Officer.
Any person, firm, or corporation violating any of the provisions of this Article II shall, upon conviction thereof, be subject to a fine not to exceed the sum of $250 for each day of such violation, or be imprisoned for a term not to exceed 15 days, or both, in the .discretion of the Judge before whom such conviction is obtained.
In addition to the auyhority of the Code Enforcement Officer
and law enforcement agencies, the Health Officer or his authorized
agent is hereby empowered to enforce the provisions of this article
and to make complaint and arrest for the violation of any of the terms
and provisions hereof.
