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 property of the Town of Olive and its residents.
The following words and phrases shall have the meanings 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 other organization or any
other 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.
JUNK DEALING
A.
Keeping, conducting or maintaining any building, structure, yard or
place for storing, distributing or selling any junk, used or secondhand property,
goods, wares or merchandise of any kind or nature, or the parts thereof.
B.
Selling or buying for resale any junk, used or secondhand property,
goods, wares or merchandise of any kind or nature, or the parts thereof.
C.
The provisions of this chapter requiring permits for "junk dealing"
shall not apply to persons in the business of manufacturing or buying and
selling new or used motor vehicles, or who buy or receive secondhand motor
vehicles in the course of trade for resale, but shall apply to all such persons
who wreck or junk secondhand or used motor vehicles.
PEDDLER
A person who engages in peddling.
PEDDLING
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, and including, without limitation,
activities commonly known as "hawking."
B.
Delivery or distribution of advertising matter, literature, pamphlets,
samples or handbills house to house or on any of the 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.
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.
SOLICITING
A.
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.
B.
Seeking or taking subscriptions or contributions of money or property,
upon any street, road or highway or from house to house in the town.
SOLICITOR
A person who engages in soliciting.
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
the zoning and other laws of the town.
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.
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. For the delivery of goods or services ordered by telephone,
mail or other method initiated by the person receiving the goods or services.
D. By any business, service or activity licensed under any
other ordinance or law of the Town of Olive.
E. For purchase or sale of motor vehicles or parts by any
person otherwise conducting a used vehicle or vehicle parts business from
any permanent location.
F. By any person engaged in the business of antique dealing
from a permanent location.
G. For lawn cutting, leaf raking and snow shoveling services
for residential property.
H. By political parties and candidates for public office.
No charitable organization shall engage in soliciting before it files
with the Town Clerk a list of the names, addresses and dates of birth of the
persons who will conduct the activity on its behalf and a statement of the
time period during which the solicitations shall occur. The Clerk shall provide
a copy of the list to the Police Department. No person shall engage in soliciting
on behalf of a charitable organization until this information has been provided
to the Town Clerk.
No peddling, soliciting or 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 1/2 hour after sunset or 8:00 p.m.
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.
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.