[HISTORY: Adopted by the Town Board of the Town of Deerpark 12-5-1997
by L.L. No. 5-1997.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 177.
[1]
Editor's Note: This local law also provided as follows: “Please
take notice to the extent that this local law may conflict with applicable
portions of the Town Law of the State of New York, including Sections 20 and
24 of the Town Law, it is the stated intention of the Town to exercise its
authority to supersede and amend, as granted under the Municipal Home Rule
Law of the State of New York, Section 10. The Town hereby provides notice
that it is exercising its authority to supersede and amend pursuant to Municipal
Home Rule Law of the State of New York Section 22.”
The purpose of this chapter 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 Deerpark and its residents.
The following words and phrases shall have the meaning set forth unless
the context of their use clearly indicates otherwise.
Any person by or for whom an application is made under this chapter.
Any benevolent, philanthropic, patriotic, military veterans, not-for-profit,
educational or religious association, society or organization qualified as
a tax exempt organization under Section 501 of the Internal Revenue Code.
Any governmental entity or organization, including, without limitation,
a school district, fire district and fire company.
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.
Any goods, wares, merchandise or other article or thing of every
kind or nature except newspapers.
The Town of Deerpark, Orange County, New York.
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 (1) outdoor sales of property or services accessory to a business conducted within a permanent structure on a same premises or (2) 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 Chapter 230, Zoning, and other laws, regulations and ordinances of the Town.
No person shall engage in transient business without first obtaining
a permit or registering or both as required by this chapter.
No permit under this chapter shall be required:
A.
By any charitable organization or its agents or employees
or veterans licensed pursuant to General Business Law § 32 et al.
B.
By any person conducting a business or activity or performing
a service pursuant to a license issued by the State of New York.
C.
By any business, service or activity licensed under any
other law, regulation or ordinance of the Town of Deerpark.
D.
By political parties and candidates for public office.
E.
For yard sales.
F.
For sales within an existing business.
No transient business activities, whether or not exempt from the permit
requirements of this chapter, 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 chapter 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. A photograph will be
required.
(3)
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.
(4)
A list of crimes for which the applicant has been arrested
or convicted, including dates and places.
(5)
A statement as to the period of time during which the
applicant intends to engage in the business or activity regulated under this
chapter.
(6)
Proof that the applicant, or his or 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.
(7)
A description of any motor vehicle that will be used
for transient business purposes, or from which a transient business will be
conducted, to include the name of manufacturer, year, type of vehicle, vehicle
identification number, registration plate number, title holder, and the name
of the person other than the title holder to whom the vehicle is registered,
if any.
(8)
A brief statement of the nature of the business and a
description of the merchandise or service to be sold.
(9)
Further information required by the Town Clerk, including
a certificate of insurance with the Town named as a coinsured.
B.
The application shall be signed by the applicant and
sworn to before a notary public or other officer authorized to administer
oaths.
C.
If the transient business is to be conducted from private
property, the written consent of the owner if other than the applicant shall
be filed with the application.
The following fees shall be paid to the Town Clerk with an application
for a permit:
A.
Transient business permit: $50/month; 3 months maximum.
A.
Transient business permits issued pursuant to this chapter
automatically expire 90 days after issuance.
B.
Permits issued under this chapter shall not be 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 Police Department. If the location is not in a public right-of-way,
it must be approved by the Building Department.
A.
The Police Department may require reports from any permit
holder at any time and at such intervals as it deems necessary for the protection
of the public health, welfare and safety.
B.
No person shall use private real property for any activity
requiring a permit under this chapter without the consent of the owner.
Every holder of a peddler's license or solicitor's license
issued by the Town Clerk shall be required to carry such license with him
while engaged in the business or activity licensed within the corporate limits
of the Town. He shall produce such license at the request of any official
of said Town with whom he wishes to conduct his said business or activity.
The Town Clerk shall maintain a record of all licenses issued under
the provisions herein and shall record therein all convictions for violations
herein and other pertinent circumstances and incidents reported by the Chief
of Police.
A.
Licenses issued herein may be revoked by the Chief of
Police, after reasonable notice and hearing, for any of the following causes:
(1)
Misrepresentation or false statement contained in the
application for the license.
(2)
Misrepresentation or false statement made in the course
of carrying on activities regulated herein.
(3)
Conviction of any crime or misdemeanor relating adversely
to the occupation of peddling or soliciting.
(4)
Conducting the business in an unlawful manner, in violation
of this section or in such manner as to constitute a breach of peace or to
constitute a menace to the health, safety or general welfare of the public.
B.
Notice of a hearing for revocation of a license shall be given, in writing, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be served personally upon the licensee or mailed, postage prepaid, to the licensee, at the address given by the licensee in making application under § 216-6 herein, at least five days prior to the date set for said hearing.
A.
Purpose. The purpose of this section is to regulate commercial sales within the Town which are temporary or seasonal in nature and which shall not be subject to site plan approval by the Town Planning Board. Because such activities have an impact upon the Town's zone plan but are not subject to the more rigorous provisions contained in Chapter 230, Zoning, the Town Board finds it necessary to impose certain standards to protect the health, welfare and safety of its residents.
B.
ENFORCEMENT OFFICIAL
TEMPORARY OR TRANSIENT MERCHANT
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Building Inspector/Code Enforcement Officer shall be the enforcement
official. Authority to issue violation notices shall also rest with any member
of the Town Police Department.
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 merchandising, 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 form the owner(s) of the location to conduct the sale of the intended
products.
C.
Licensing; permits. All licensing and registration requirements
contained herein shall apply to all temporary merchants. No permit shall be
issued to conduct sales as a temporary merchant unless the applicant satisfies
the conditions of this section and secures a temporary merchant certificate
from the Building Inspector.
D.
Performance regulations.
(1)
All applicants proposing to sell food items shall be
required to obtain a food handler's license from the Orange County Health
Department.
(2)
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 is met. Written permission of
residents within 500 feet of the proposed location, in all directions, shall
be obtained and must be submitted by applicant.
(3)
Not more than one temporary merchant per lot will be
permitted. Temporary 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 section. A minimum distance of 2,000 feet shall be maintained
between locations for temporary merchants.
(4)
Temporary merchants shall be prohibited from conducting
business on municipal property.
(5)
The area to be occupied by a single temporary merchant,
including a stand, tent, wagon, truck, sign and trash receptacle shall not
exceed 200 square feet.
(6)
One freestanding sign per temporary merchant may be permitted.
Signs must be constructed of durable material and maintained in a presentable
condition. Flashing lights or lights shall be prohibited. No sign shall be
placed within 15 feet of a property line or within an established sight triangle
for interior lanes or access driveways. All freestanding signs must be removed
and properly secured during nonoperating hours of the temporary merchant.
Maximum sign face shall not exceed four square feet and shall not exceed four
feet in height.
(7)
Provide and maintain trash receptacles and be responsible
for trash removal at the end of each day.
(8)
Not sell or transfer the assigned space.
(9)
Remove themselves and their property from the assigned
space each night and maintain the grounds in a clean and safe condition each
day.
Any person who violates any provision of this chapter 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.
This chapter supersedes the prior Peddlers and Hawkers Ordinance adopted
on January 9, 1973, which is hereby repealed. All permits and licenses issued
under that ordinance shall be used in compliance with the provisions of this
chapter and shall expire in accordance with their terms.
