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.
APPLICANT
Any person by or for whom an application is made under this chapter.
CHARITABLE ORGANIZATION
A.
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.
B.
Any governmental entity or organization, including, without limitation,
a school district, fire district and fire company.
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 Deerpark, 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 (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.
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.
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.
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.
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.