[Added 6-24-1975; amended 5-4-2021 by L.L. No. 5-2021]
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLING VEHICLE
A vehicle as defined in the Vehicle and Traffic Law of the State of New York, used for the sale of food, beverages, ice cream or other items intended for human consumption or for the sale of merchandise or for services rendered or to be rendered in, on or at the vehicle.
No person shall sell, peddle or vend any goods or merchandise or render or offer to render services from a peddling vehicle in the Town without first obtaining a vehicle license therefor.
Application for a license required by this chapter shall be made to the Town Clerk as license commissioner, in writing, and shall include the following information:
A. 
Name, address, and phone number of the applicant.
B. 
A valid copy of all licenses, permits, or certifications as required by the Town of Oyster Bay.
C. 
A valid New York State Department of Motor Vehicles driver's license, vehicle registration, and insurance by a licensed insurance company in New York and approved by the New York State Department of Taxation and Finance, which shall be kept in force throughout the term of the license.
D. 
A description of the vehicle, the license plate, make, model, color, and year.
E. 
A copy of the certificate of authority to collect sale tax issued by the State of New York, and a tax clearance certificate from the New York Department of Taxation and Finance.
A. 
A person operating a peddling vehicle shall produce the applicable license upon demand.
B. 
A vehicle license may not be assigned, transferred, loaned or sold.
A. 
The Town Clerk may revoke a vehicle license after written notice and a hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statement contained in the application for license.
(2) 
Fraud, misrepresentation or false statement made in course of carrying on his/her business as peddler or solicitor.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor involving:
(a) 
A felony involving the use of a vehicle by the applicant within the last three years, except as otherwise specifically hereinafter provided.
(b) 
A crime involving the manufacture, knowing transportation, possession, sale or habitual use of amphetamine, a narcotic drug, a formulation of an amphetamine or a derivative of a narcotic drug.
(c) 
Operating a vehicle while under the influence of alcohol, an amphetamine, a narcotic drug, marijuana, a formulation of an amphetamine or a derivative of a narcotic drug.
(d) 
Leaving the scene of an accident.
(e) 
A crime against or involving children.
(5) 
Conducting the business of peddling in an unlawful manner so as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(6) 
The applicant or licensee has failed to pay any fine, penalty or judgment imposed pursuant to this chapter or any rules promulgated thereunder.
B. 
Notice of hearing for revocation of a license shall be given in writing setting forth the grounds of the complaint and the time and place of hearing. Such notice shall be mailed to the licensee at least 10 days prior to the date set for the hearing, except as below set forth.
C. 
In addition to the foregoing, the Town Clerk may forthwith temporarily suspend any license issued pursuant to this chapter upon receiving information giving reasonable cause to believe that any licensee hereunder has either violated this chapter by an act involving physical abuse, threats, intimidation or harassment or has been convicted of any violation of this chapter or of any crime or offense endangering the peace, safety, health or general welfare of the inhabitants of this Town. Within 10 days after such suspension, the Town Clerk or designee of same shall conduct a hearing and issue a determination as to whether the license shall be revoked or reinstated. If such hearing or determination is not made within said ten-day period, the license shall be restored automatically.
A. 
For each vehicle licensed pursuant to this chapter, the Town Clerk shall issue a license plate or tag of durable material which shall bear the word "Peddler," the number of the license and the calendar year for which it was issued, all in characters or figures which are permanent or plainly discernible. The license or tag shall be firmly affixed to the rear of the vehicle for which the license was issued in a conspicuous place and shall be kept clear and readable at all times.
B. 
The license tag may not be transferred or attached to any other vehicle, whether or not the other vehicle is under the same ownership.
A. 
All peddling vehicles shall be legally parked at the extreme right side of the roadway at the curbline before any services, goods, wares, merchandise or provisions in possession of the seller are offered for sale, delivered or dispensed.
B. 
The driver of such vehicle shall not reverse the vehicle to make or attempt to make a sale or otherwise dispense such services, goods, wares, merchandise or provisions.
C. 
All selling activities shall take place from or at the curbside of the peddling vehicle.
D. 
The sale, delivery or dispensing of products from a peddling vehicle in a street or thoroughfare is prohibited.
E. 
In addition to all other legally required equipment, all peddling vehicles shall be equipped with, and the operators thereof shall utilize, the following safety and warning devices:
(1) 
Swing arm.
(a) 
A swing arm that can be extended horizontally from the left side of the vehicle duplicating the design, size and specifications described in Subsection E(1)(b). This arm shall be yellow and black in color and contain two simultaneously flashing yellow lights on the front and two simultaneously flashing red lights on the rear.
(b) 
The swing arm required in Subsection E(1)(a) shall be as follows: An arm made of any material approved by the Director of the Traffic Safety Board of Nassau County. That part of the swing arm that is attached to the vehicle itself shall be 7 3/16 inches in height and when extended outward and to the side of the vehicle shall extend to a length of 18 inches and flared to a height of 18 inches. Located at the upper and lower corners of the eighteen-inch side will be flashing yellow lights visible from the front and red lights visible from the rear. These lights shall be four inches in diameter and shall flash simultaneously. The background of the sign shall be painted yellow and shall be reflective. The lettering shall be painted black. In the middle, in letters five inches in height, shall be painted the word "SLOW," just above the word "SLOW" shall be painted in two-inch letters the word "CHILDREN," just below the word "SLOW" shall be painted in two-inch letters the word "CROSSING." The sign shall be lettered and painted on both sides so that it will be visible from both the front and rear.
(c) 
The bottom of said sign shall be at a height of not less than 42 inches above the level of the street.
(2) 
Convex mirrors mounted on the front and rear of the vehicle so that the driver, in his or her normal seated position, can see the area in front of the truck obscured by the hood and an area in the rear extending across the truck and four feet to the rear of the bumper.
(3) 
Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two simultaneously flashing yellow lights to the front and two simultaneously flashing red lights to the rear, both of which are visible at 500 feet in normal sunlight upon a straight, level highway.
F. 
All peddling vehicles shall be equipped with trash containers, which the driver of the peddling vehicle is responsible for properly disposing of.
G. 
All peddling vehicles shall also contain a fire extinguisher.
H. 
It shall be a violation of this chapter for a driver of a peddling vehicle stopped for the purpose of selling or offering for sale his or her products or service without activating the special flashing lights and extending the swing arm required and described in this section.
I. 
In addition to any further requirement that the Town Clerk may impose regarding hours of operation, no peddling vehicle shall operate in the overnight hours between 10:00 p.m. and 8:00 a.m. The Town Clerk has discretion to extend the allowable operating hours of a peddling vehicle upon a showing of good cause.
All operators of peddling vehicles shall be required to take such training courses as may be prescribed, from time to time, by the State of New York, the County of Nassau, the Town of Oyster Bay or any subdivision thereof or the Nassau County Police Department and/or the Nassau County Traffic Safety Board, specifically designed to educate and familiarize the operators of peddling vehicles with customary safety standards. There shall be presented to the Town Clerk evidence of the satisfactory completion of such course(s) or, in the case of existing licensees, proof that the applicant is regularly attending such course(s); and proof of the satisfactory completion of such course(s) shall be presented to the Town Clerk within three weeks of the scheduled termination date of any such course.
A driver or operator of any peddling vehicle:
A. 
Shall not use more than one loudspeaker, bell or other advertising device and said loudspeaker, bell or other advertising device shall not have the capability or capacity to emit a signal louder than 90 decibels at full volume measured at any distance from said device for the purpose of advertising; in no event shall such loudspeaker, bell or other advertising device be used after 9:00 p.m. prevailing time; in no event shall such loudspeaker, bell or other advertising device be used while the peddling vehicle is stopped or standing.
B. 
Shall not stop, stand or permit any peddling vehicle to stand or remain:
(1) 
Within 50 feet of any intersection;
(2) 
Within any congested area where such stopping, standing or remaining may impede or inconvenience pedestrian or vehicular traffic, or on any street where the speed limit exceeds 30 miles per hour.
(3) 
At the scene of any accident, fire or other occurrence which may necessitate the use or operation of emergency vehicles.
(4) 
In or about one place in any public place or street for more than 10 minutes for the purpose of soliciting customers not then and there present at such place.
(5) 
In or about one place in any public place or street for more than 30 minutes and shall not stand or remain in the same place for more than one thirty-minute period per twenty-four-hour period of time.
(6) 
For purposes of Subsection B(4) and (5) above, a "place" shall encompass the area covered by a 500-foot radius from the location where the peddling vehicle was last standing, stopped, or remaining.
A. 
Any New York State Peace Officer or Police Officer, or employee of the Town so designated by the Town of Oyster Bay Commissioner of Public Safety may temporarily seize a peddling vehicle:
(1) 
That is not compliant with § 173-30A; or
(2) 
The owner of which fails to comply with § 173-28A; or
(3) 
That is not compliant with § 173-33.
B. 
Such peddling vehicle shall be subject to forfeiture as otherwise provided in this chapter. If a forfeiture proceeding is not commenced, the vendor may be charged with the reasonable costs for removal and storage.
A. 
In addition to any penalties imposed pursuant to § 173-36 of this chapter, upon any person found guilty of violating § 173-29A, 173-31, or 173-33 of this chapter, all property seized pursuant to this chapter shall be subject to forfeiture upon notice and judicial determination. Notice and commencement of the forfeiture proceeding shall be in accordance with the provisions of the Civil Practice Law and Rules.
B. 
The Department having custody of the seized property, after judicial determination of forfeiture shall, upon a public notice of at least five days, sell such forfeited property at public sale. The net proceeds of such sale, after deduction of the lawful expenses incurred, including removal, storage fees and legal fees, shall be paid into the general fund of the Town of Oyster Bay.
[Amended 3-7-2023 by L.L. No. 4-2023]
A person who violates or aids and abides a person in violating any provision of this chapter shall be guilty of an offense punishable by the court as follows:
A. 
For the first violation, a fine of not less than $100 nor more than $200;
B. 
For the second violation, if issued within a period of three years of the date of issuance or conviction of a first violation, a fine of not less than $200 nor more than $300;
C. 
For the third violation, if issued within a period of three years of the date of issuance or conviction of a second violation, a fine of not less than $300 nor more than $400;
D. 
For any subsequent violation issued within a period of three years of the date of issuance or conviction of a prior violation, a fine of not more than $600.
E. 
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein.
Any licensee aggrieved by any action or determination of the Town hereunder may appeal to the Commissioner of the Department of Public Safety of the Town of Oyster Bay or his/her designee, within 14 days after receipt of notice of the action or determination complained of, by filing a written statement setting forth fully the grounds for appeal. The Commissioner of the Department of Public Safety or any agent designated by same shall set a time and place for a hearing on such appeal and notice of such hearing shall be mailed to the applicant's last known address at least 10 days prior to the date set for the hearing. The decision and order of the Commissioner of the Department of Public Safety or his/her agent on such appeal shall be final and conclusive.
If any provision of this article is declared unenforceable for any reason by a court of competent jurisdiction, such declaration shall affect only that provision, and shall not affect the remainder of this article, which shall remain in full force and effect.