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.
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.
[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.