As used in this article, the following terms shall have the
meaning indicated:
ESTABLISHED PLACE OF BUSINESS
A building or store in which the person deals in the goods,
wares or merchandise for which he solicits orders from customers and
delivers the same during regular business hours.
HAWKER and PEDDLER
Shall mean and include, except as hereinafter expressly provided,
any person, either principal or agent, who, in any public street or
public place or by going from house to house or place to place on
foot, or on or from any animal or vehicle, sells or barters, offers
for sale or barter, or carries or exposes for sale or barter, any
goods, wares or merchandise, except newspapers and periodicals.
PERSON
A natural person, corporation, partnership or association.
SOLICITOR
Any person who, by going from place to place or house to
house, or who, in any street or public place, takes or offers to take
orders for goods, wares or merchandise, except orders for newspapers
and periodicals, or for services to be performed in the future.
The requirements of §
402-3 hereof shall not apply to persons selling personal property for resale to dealers in such articles; to merchants having an established place of business within the Village, or their employees, who obtain orders from their customers and deliver the same; to the peddling of meats, fish, fruits and farm produce by farmers and persons who produce such commodities; to hawking or peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military services of the United States; or the holder of a permit granted pursuant to § 32 of the General Business Law lawfully acting thereunder. This article shall also not apply so as to unlawfully interfere with interstate commerce.
Every such permittee, as well as every person holding a permit
under the provisions of § 32 of the General Business Law,
shall, while engaged in hawking, peddling or soliciting within the
Village, carry his permit upon his person, and shall produce and exhibit
the same upon demand of any officer or citizen. The refusal of any
such person to produce a permit when demanded shall be presumptive
evidence that he is hawking, peddling or soliciting without a permit.
A hawker, peddler or solicitor shall:
A. Not falsely or fraudulently misrepresent the quantity, character
or quality of any article offered for sale, or offer for sale any
unwholesome, tainted or diseased provisions or merchandise.
B. Keep the vehicle and receptacles used by him in a clean and sanitary
condition and the foodstuffs and edibles offered for sale well covered
and protected from dirt, dust and insects.
C. Not use any obnoxiously noisy device to attract public attention
to his wares, or shout or cry out his wares.
D. Not stand or permit the vehicle used by him to stand in any public
place or street for more than 10 minutes, or in front of any premises
for any time if the owner of or lessee of the ground floor thereof
objects.
E. Not sell any confectionery or ice cream within 250 feet of any public
or private school between the hours of 8:00 a.m. and 4:00 p.m. on
school days.
F. Not permit any vehicles used by him to stop or remain on any crosswalk
or driveway.
G. Not create or maintain any booth or stand, or place any barrels,
boxes, crates or other obstructions, upon any street or public place
for the purpose of selling or exposing for sale any goods, wares or
merchandise.
H. Not peddle, hawk or solicit on Sunday nor on weekdays during the
period from 1/2 hour after sunset to 1/2 hour after sunrise.
I. Not litter or strew public or private property with discarded containers,
refuse or debris of any kind.
[Amended 1-5-2015 by L.L.
No. 2-2015]
Every person violating this article or any provision thereof
shall be punished by a fine not in excess of $250 or 15 days' imprisonment,
or both, for each offense, and in addition thereto shall be guilty
of disorderly conduct and the person violating the same shall be a
disorderly person.
All ordinances or parts of ordinances in conflict with this
article are hereby repealed. This article shall take effect August
19, 1939.
[Added 10-17-2016 by L.L.
No. 5-2017]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
APPLICANT
Any person or business that applies for a permit or renews
a permit under the provisions of this article.
EXISITNG EATING ESTABLISHMENT
A brick and mortar restaurant or other eating establishment
in good standing and physically located within the Village which has
obtained, and maintains, all required approvals, licenses, where food
and/or meals are generally served and eaten on premises. An existing
eating establishment does not include an establishment that is delivery
only.
HOURS OF OPERATION
The designated time frame for the operation of mobile food
vehicles within the Village.
MOBILE FOOD VEHICLE (MFV or MFVs)
A commercially manufactured, self-contained, motorized mobile
food unit in which ready-to-eat food is cooked, wrapped, packaged,
processed or portioned for service, sale or distribution, for individual
portion service. The MFV shall be readily movable; and shall be removed
daily in accordance with this article. The Village Board of Trustees
shall from time to time establish, by resolution, the size of any
MFV.
MFV PERMITTED OPERATING AREA
The only location an MFV shall be permitted. An MFV shall
only be permitted in an area designated by the Village Board of Trustees
as an MFV permitted operating area. The Board of Trustees shall establish,
by resolution, on a case-by-case basis, an MFV permitted operating
area, taking into consideration the potential impact of each particular
MFV on nearby businesses and residences. An MFV may be permitted on
Main Street, but only when Main Street has been closed to vehicular
traffic.
OPERATOR
The MFVV, its agents, representatives or employees and any
other person who operates or conducts the business of an MFV.
PERMIT, MFV
Written authorization to operate an MFV in accordance with
the requirements of this article.
PERSON
Any natural person, firm, partnership, association, or corporation.
Whenever the word "person" is used in any section in this article
prescribing a penalty or fine as applied to a partnership or association,
the word shall include the partners or members thereof; such word
as applied to corporations shall include the officers, agents, or
employees thereof who are responsible for any violation of such section.
It shall be unlawful for any person to operate an MFV within
the Village without first having obtained a valid MFV permit pursuant
to this article.
No MFV may be operated before obtaining a permit as specified in §
402-11. An MFV may operate only on Friday and Saturday from 11:30 p.m. to 4:30 a.m. The operation of any MFV on other days and at other times shall be prohibited.
All MFVs must be equipped with trash receptacles of sufficient
capacity that shall be changed as necessary to prevent overflow or
the creation of litter or debris. No MFV garbage may be deposited
in pubic trash receptacles by any MFVV. It is a violation of this
article for any MFVV or other individual on the MFVV's behalf
to deposit MFV trash into a public trash receptacle. If MFV trash
is deposited in a public receptacle by someone other than the MFVV
or an operator of the MFV, the operator shall also be subject to a
fine in amounts equal to the fines prescribed in this article, except
that there shall be no fine for the deposit by MFV patron's individual
trash into a public trash receptacle. All MFV permitted operating
areas shall be cleaned and free from litter upon the MFV vacating
the area or at 4:30 a.m. In the event that such area is not cleaned
and free from litter, any MFV operating in the MFV permitted operating
area shall be in violation of this section.
An MFV or MFVV shall not:
A. Operate any MFV in any area other than in an MFV permitted operating
area.
B. Obstruct pedestrian or motor vehicle traffic flow.
C. Obstruct traffic signals or regulatory signs.
D. Stop, stand or park upon any street for the purpose of selling during
the hours when parking, stopping and standing have been prohibited
by signs or curb markings.
E. Leave the MFV unattended at any time or store, park, or leave such
conveyance in a public space overnight.
F. Use any MFV which cannot be easily moved and maintained under control
by the MFVV or operator.
G. Use any sound or device that produces a loud and raucous noise or
operate any loudspeaker, public address system, radio, sound amplifier,
or similar device to attract public attention, or otherwise violate
applicable noise restrictions in the Village Code.
H. Make or cause to be made any sound or odor or smell that is offensive
to the public.
I. Serve or cause to be served any alcoholic beverages.
J. Conduct its business in such a way as would restrict or interfere
with the ingress or egress of abutting property owners or tenants,
create a nuisance, increase traffic congestion or delay, constitute
a hazard to traffic, life or property, or obstruct adequate access
to emergency and sanitation vehicles.
All MFVVs shall assure the Village that a current and correct
name, residence address and mailing address are on file with the Superintendent
of Buildings. Whenever either the name or address provided by an MFVV
changes, the permittee shall notify the Superintendent of Buildings
in writing within 10 days of such change and provide the same with
the name change or address change.
Nothing contained in this article shall be construed to be an
amplification or derogation of the rights or responsibilities of abutting
property owners. Any remedies, rights or obligations provided to such
property owners or their successors in interest under the law of real
property or the laws of the State of New York shall be in addition
to the remedies, rights, obligations or penalties provided hereunder.