[HISTORY: Adopted by the Board of Trustees of the Village of Babylon as Ch. V, Arts. I through VII and IX and X, of the 1938 Code of Ordinances (Ch. 159 of the 1981 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 75.
Bathing beaches and pools — See Ch. 91.
Demolition of buildings — See Ch. 100.
Removal of buildings — See Ch. 105.
Docking permits and rates — See Ch. 122 and Ch. A369.
Entertainment — See Ch. 133.
Excavations — See Ch. 142.
Garage sales — See Ch. 187.
Parades and assemblies — See Ch. 243.
Parking permits — See Ch. 248.
Peddling and soliciting — See Ch. 261.
Fees for public access to records — See Ch. 274.
Rental property permits — See Ch. 281.
Streets and sidewalks — See Ch. 308.
Taxicabs — See Ch. 325.
Tow trucks — See Ch. 331.
[Amended 11-30-1981 by L.L. No. 10-1981]
A. 
The provisions of this chapter shall apply to all licenses issued by the Village, except where different provisions are specifically provided for by other legislation.
B. 
Application for any license shall be made in writing to the Village Clerk and shall state fully the purpose for which such license is sought. Such license shall be signed by the Village Clerk or Deputy Village Clerk. Whenever a fee is to be paid for a license, the Village Clerk or Deputy Village Clerk shall endorse such license to show the receipt of such fee and the amount thereof, and no license shall have any force or effect unless the provisions hereof are fully complied with.
[Amended 1-22-2008 by L.L. No. 3-2008]
Every license issued with the approval (if needed) by the Board of Trustees in pursuance of the provisions of this chapter shall be countersigned by the Clerk of the Village. Said Clerk shall collect the fees for all licenses granted and shall remit said fees to the Village Treasurer to be applied to the general fund of the Village.
Whenever the Board of Trustees prescribes the terms and conditions of any license, or whenever a bond is required, the Village Clerk shall not issue a license until the application therefor shall have been submitted to the Board of Trustees and its approval endorsed thereon; otherwise the Village Clerk shall issue any license without further authorization.
[Amended 1-22-2008 by L.L. No. 3-2008]
License expirations are to be set by the Board of Trustees and the Office of the Village Clerk, amended as needed by resolution. Some expiration dates are set as follows:
License Type
Expiration Date
Taxi drive
August 14
Taxicab
March 14
Crabbing
December 31
Landscaper
December 31
No license shall be assignable or transferable, and the assignment, transfer or attempted assignment or transfer of any license, or the use or attempted use of said license, contrary to the purpose for which it was issued shall effect the immediate cancellation of such license.
The Board of Trustees shall have at all times the power to suspend, cancel or revoke any license, any provision of any ordinance to the contrary notwithstanding, when the holder of said license has violated any condition of the same.
[Amended 1-22-2008 by L.L. No. 3-2008]
The Board of Trustees shall have at all times the power to cancel and revoke any license, any provision of any ordinance to the contrary notwithstanding; however, when the safety, health, comfort and general welfare of the public requires it, the Village Clerk may suspend any license. Said suspension shall be immediate and cover any and all rights and/or privileges granted in said license. No person whose license has been suspended or revoked shall exercise any right or privilege granted in said license.
A license shall be issued only to a person who shall be deemed fit for the purpose for which the application is made. A license shall not be issued for any purpose which, in the judgment of the Board of Trustees, shall be likely to disturb the peace and good order of the Village or to be improper or immoral.
[Amended 2-25-1958; 4-9-1974; 11-30-1981 by L.L. No. 10-1981; 6-22-2004 by L.L. No. 2-2004]
The Village Clerk shall collect fees in the amount set from time to time by resolution of the Board of Trustees for the following types of licenses and permits before issuing any such license or permit:
A. 
For each peddler or hawker.
B. 
For each peddler or hawker using horse and wagon.
C. 
For each peddler, hawker or vendor using a motor vehicle.
D. 
For each auctioneer.
E. 
For collecting garbage or refuse or cleaning cesspools, for each vehicle used.
F. 
For conducting any retail transient business for any period.
G. 
For conducting any retail or wholesale business on any vacant property or public place, whether open air or in a tent, truck or vehicle.
H. 
For a pool- or billiard room.
I. 
For a circus, carnival, merry-go-round and all open-air itinerate shows and exhibitions, for each day.
J. 
For each excavation in a street or public place
K. 
For removal of a building.
L. 
For tow truck license.
M. 
For a tow truck on the accident roster.
N. 
For a taxicab license.
O. 
For a cab driver's license.
P. 
For a cab driver's temporary license and renewal.
Q. 
For a fishing and crabbing license.
R. 
For any vehicle using any municipal dock in connection with a commercial business of collecting, picking up or buying clams and seafood, for each vehicle annually.
S. 
For any license or permit for which no fee is provided
T. 
For landscapers.
[Added 10-11-2005 by L.L. No. 2-2005]
U. 
For professional photos in Argyle Park. Fee to be set by resolution by the Board of Trustees. Photos prohibited in the Memorial Garden.
[Added 4-12-2016 by L.L. No. 5-2016]
A. 
The provisions of this chapter shall not apply when the proceeds of any of the activities herein specified are devoted exclusively to charitable, benevolent or religious purposes nor to any exhibition of art, no admission to which is charged, nor to any performance of any amateur club or society not organized for profit.
B. 
Nothing herein contained shall prohibit the soliciting of funds or gifts for charitable, religious or educational purposes when sponsored by a recognized association or corporation, nor the peddling of meats, fish, fruits and farm produce by farmers and persons who produce such commodities, nor hawking and peddling by an honorably discharged soldier, sailor or marine who is crippled as a result of injuries received while in the naval or military service of the United States or the holder of a license granted pursuant to § 32 of the General Business Law.
Whenever by this chapter any license is required, the person obtaining such license shall pay therefor to the Village Clerk for the use of the Village such fee as shall be established from time to time by the Board of Trustees of the Village of Babylon; provided, however, that this section shall not apply in cases where a fee is provided otherwise in the Code of the Village of Babylon.
[Added 11-30-1981 by L.L. No. 10-1981]
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
B. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.