[Adopted 6-20-2013 by L.L. No. 1-2013]
The purpose of this article 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 Greenville 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
article.
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, food, or other article or
thing of every kind or nature except newspapers.
TOWN
The Town of Greenville, 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 outdoor sales of property or services accessory
to a business conducted within a permanent structure on the same premises
or 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 all other laws, regulations and
ordinances of the Town.
TRANSIENT MERCHANT
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 a transient business, 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 of the owner of the location.
No person shall engage in a transient business within the Town
of Greenville without first obtaining a permit as set forth in this
article.
No permit shall be required for any charitable organization
qualified as a tax-exempt organization under Section 501 of the Internal
Revenue Code.
No transient business activities, whether or not exempt from
the permit requirements of this article, shall be conducted before
9:00 a.m. or after the earlier of one half hour after sunset or 8:00
p.m.
The Town Clerk shall maintain a record of all licenses issued
under the provisions of this article and shall record therein all
convictions for violations herein and other pertinent circumstances
and incidents as reported by law enforcement personnel.
Any person may appeal the refusal of a permit application or
the revocation of a license. An appeal shall be made to the Town Board
of the Town of Greenville. Such appeal shall be taken by the filing
with the Town Board within 14 days of issuance of the written explanation
of refusal or revocation. The appellant shall provide a written statement
setting forth fully the grounds of the appeal. The Town Board shall
set a time and place for a hearing on such appeal, and notice of such
hearing shall be given to the appellant in the same manner as provided
herein for explanation of refusal or revocation. The decision and
order of the Town Board on such appeal shall be final and conclusive.
The following fees shall be paid to the Town Clerk with an application
for a permit:
A. Monthly permit: $100 per month; three-month maximum.
Any person who violates any provision of this article 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.
[Adopted 6-20-2013 by L.L. No. 2-2013]
The purpose of this article 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 Greenville and its residents.
This legislation is adopted pursuant to § 32, Subdivision
8, of the General Business Law of the State of New York.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person by or for whom an application is made under this
article.
MERCHANDISING
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.
B.
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.
C.
Seeking or taking subscriptions or contributions of money or
property upon any street, road or highway or from house to house in
the Town.
D.
Delivery or distribution of advertising matter, literature,
pamphlets, samples or handbills house to house or on any 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.
PEDDLER
Any person who goes from house to house or from place to
place without appointment, traveling on the streets and roads, engaged
in the practice of merchandising of any nature whatsoever. The word
"peddler" shall include the words "hawker," "solicitor" or "canvasser."
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 Greenville, Orange County, New York.
No person shall engage in merchandising, peddling, soliciting,
hawking or canvassing without first obtaining a permit as set forth
in this article.
No permit shall be required for any charitable organization
qualified as a tax-exempt organization under Section 501 of the Internal
Revenue Code.
No merchandising, peddling, soliciting, hawking or canvassing,
even if exempt from requirements of this article, shall be conducted
before 9:00 a.m. or after the earlier of one half hour after sunset
or 8:00 p.m.
No person or applicant shall use or enter upon private property
for any activity requiring a permit under this article without the
consent of the owner.
The Town Clerk shall maintain a record of all licenses issued
under the provisions of this article and shall record therein all
convictions for violations herein and other pertinent circumstances
and incidents as reported by law enforcement personnel.
The following fees shall be paid to the Town Clerk with an application
for a permit:
A. Annual permit: $250 per year.
B. Daily permit: $25 per day.
Any person may appeal the refusal of a permit application or
the revocation of a license. An appeal shall be made to the Town Board
of the Town of Greenville. Such appeal shall be taken by the filing
with the Town Board within 14 days of issuance of the written explanation
of refusal or revocation. The appellant shall provide a written statement
setting forth fully the grounds of the appeal. The Town Board shall
set a time and place for a hearing on such appeal, and notice of such
hearing shall be given to the appellant in the same manner as provided
herein for explanation of refusal or revocation. The decision and
order of the Town Board on such appeal shall be final and conclusive.
Any person who violates any provision of this article 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.