[HISTORY: Adopted by the Town Board of the
Town of Huntington 12-20-1994 by Ord. No. 94-CE-9.[1] Amendments noted where applicable.]
[Amended 1-13-2004 by L.L. No. 3-2004]
A.
It is the purpose and intent of this chapter to control
and regulate the activities of peddlers and solicitors in the Town
of Huntington. History has shown that there is a need for investigation
and review of the past conduct of applicants in the interest of promoting
public safety and morals, child welfare, economic well-being and highway
safety and usage. This chapter is intended to protect the peace and
security of our citizens in their homes and neighborhoods; to safeguard
consumers against fraud and inferior goods; and to prevent congestion
and unsafe conditions on the streets and highways of the Town. It
has been made with reasonable consideration of the character of our
community and with a view to preserving that character, among other
considerations.
B.
It is the intention of the Town Board to protect the
legal rights of the public by insuring every applicant under this
chapter receives fair and expeditious due process by providing for
an administrative hearing officer to alternatively preside over license
suspension and application denial hearings. In order to accomplish
this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12)
of the Municipal Home Rule Law, § 136(1) and § 137
of the Town Law and any other applicable provision of law now or hereafter
enacted, to supersede and/or expand upon the applicable provisions
of 137 of the Town Law, and any other applicable or successor law,
in order to permit an appointed administrative hearing officer to
preside over license suspension and application denial appeal hearings.
A.
Word usage. Words used in the singular shall include
the plural and vice versa. The word "shall" is always mandatory.
B.
CHARITABLE ORGANIZATION
CONTRIBUTION
LICENSE
OWNER
PEDDLER
PERSON
POLITICAL ORGANIZATION
RELIGIOUS ORGANIZATION
SILLY STRING
SOLICITOR
TOWN
Definitions. The following definitions shall govern
the interpretation of this chapter unless otherwise expressly defined
herein.
Includes any benevolent, philanthropic, patriotic or eleemosynary
persons, as defined in the applicable sections of the Executive Law,
including subsequent changes or amendments thereto and/or its successor.
Includes food, clothing, money, subscriptions, tickets, chances,
pledges, property or any donations of any of the above under the guise
of a loan.
Due authorization, in writing, as provided herein, which
permits a person to engage in the business of peddling or to employ
others for said purposes or to engage in the business of soliciting
or to employ others for said purposes.
Includes a purchaser under a reserve title contract, conditional
sales contract or vendor's lien agreement or a lessee who is entitled
to obtain, in his own name, proper New York State registration of
a vehicle.
Any person traveling by foot, wagon, automotive vehicle or
any other type of conveyance from place to place, from house to house
or from street to street or any combination thereof, carrying, conveying
or transporting meats, fish, fruits, vegetables, food or food products,
goods, farm products, nursery products, wares or merchandise, offering
and exposing the same for sale and making sales and delivering articles
to purchasers or who, without traveling from place to place, shall
sell or offer the same for sale and shall make sales and deliver articles
to purchasers or who, without traveling from place to place shall
sell or offer the same for sale from a wagon, automotive vehicle or
other vehicle or conveyance or from a stand or from a sidewalk, street
or curb. A person offering rides or transportation on any portable
conveyance commonly known as a "carousel," "whip," "fire engine" or
other ride for amusement shall be known as a "peddler." The word "peddler"
shall also include the words "hawker" and "huckster."
Includes natural persons, corporations, partnerships, unincorporated
associations or any other organizations of two or more persons.
An organization composed of persons holding similar beliefs
on certain public questions who strive to peacefully gain control
of the government in order to put their beliefs into effect.
Includes an incorporated church or unincorporated church,
as defined in the applicable provisions of the Religious Corporations
Law, including subsequent changes or amendments thereto and/or its
successor.
A putty-like substance which is shot and/or propelled by
use of an aerosol can and/or similar dispenser and which, when so
shot/propelled, emerges from said can/dispenser in a string-like form,
the same being sold under the product name of “SILLY STRING”
and/or other product names.
[Added 3-4-2008 by L.L. No. 5-2008]
Any person, whether individually or as an employee or a member
of a corporation, partnership or association, who travels on foot
or by wagon, automotive vehicle or any other type of conveyance from
house to house, place to place, street to street or any combination
thereof for the purpose of selling or soliciting orders for any goods,
merchandise, wares, device, book, periodical or printed matter whatsoever
or for the purpose of distribution of any commercial advertising-type
writing in the nature of a handbill, pamphlet, tract or notice or
for the purpose of selling or distributing any ticket or chance whatsoever
within the Town of Huntington without the consent of the householder
or occupant of said premises previously given.
Includes all areas within the Town of Huntington exclusive
of areas wholly within any incorporated village.
A.
It shall be unlawful for any person, whether individually
or as member or employee of a corporation, partnership or association,
to enter upon any private residential property in the Town of Huntington
for the purpose of peddling or soliciting orders for the sale of any
merchandise, food, device, book, periodical or printed matter whatsoever
or for the purpose of distributing any commercial advertising matter
or for the purpose of soliciting alms for his or her own benefit.
B.
It shall be unlawful for any person not expressly prohibited under Subsection A above to engage in the business of peddling or soliciting in the Town of Huntington without first having obtained a license therefor from the Town Clerk. Licenses issued hereunder shall expire at 12:00 midnight on the 31st day of December next following the date of issuance, and renewal shall be from January 1 to 12:00 midnight of December 31 next. New fingerprints for each renewal period may be waived by the Town Clerk, unless the license has lapsed for a period of time in excess of two (2) years.
[Amended 2-10-2015 by L.L. No. 10-2015]
C.
It shall be unlawful for any person to peddle or solicit,
either directly or indirectly or by or through another person or employee,
without first obtaining a valid license therefor as provided in this
chapter. If peddling or soliciting is to be done by or through some
other person or employee, he or she must also first obtain a valid
license therefor as provided in this chapter.
D.
Every employer who hires a person to peddle or solicit
on his or her behalf shall share the same responsibility with respect
to penalties hereunder in the event that the person shall peddle or
solicit without having first obtained a valid license.
E.
No license shall be issued by the Town Clerk to any
minor under 16 years of age.
Applicants for a license or the renewal of a
license under this chapter shall file with the Town Clerk an application
in the form of a sworn affidavit, in duplicate, on a form supplied
by the Town Clerk, which shall give the following information:
A.
The name, address and telephone number of the applicant,
including maiden name where applicable.
B.
The applicant's place of residence (local address
and legal address, if different) for the past five years.
C.
The applicant's business and/or employment for the
past five years, including the names and addresses thereof.
D.
The applicant's age, height, weight, color of eyes,
color of hair, place of birth and date of birth.
E.
Three photographs of the applicant, taken not more
than 60 days prior to the date of filing the application, which shall
be two inches by two inches in dimension, showing the head and shoulders
of the person making said application.
F.
Whether or not the applicant has ever been convicted
of a felony or a misdemeanor or a violation of any municipal ordinance
(except with relation to municipal traffic and/or parking violations)
and, if so, in what court, when, where, upon what charges and the
sentence of the court, including the docket, index, indictment or
file number in such court.
G.
Whether the applicant is married or single.
H.
Whether or not the applicant has been previously licensed
in any occupation and, if so, when, where and for what period and,
if such previous license was ever revoked or suspended, the date of
the revocation or suspension and the reason therefor.
I.
If employed by the owner of a licensed vehicle, the
name and address of such employer, together with credentials establishing
the relationship.
J.
If the applicant proposes to operate a vehicle in
connection with the license, a description of the vehicle, together
with a license number or other means of identification, and the applicant's
license number as issued by the New York State Motor Vehicle Department.
K.
If the applicant is a corporation or association,
the name and address and title of the officer upon whom process or
other legal notices may be served.
L.
A New York State sales tax identification number for
all corporations, partnerships, associations or other similar-type
business entities. In the event that an individual applicant does
not possess such number, the individual's social security number shall
be substituted therefor.
M.
Fingerprints.
(1)
All applicants shall be fingerprinted through, and shall pay the
cost for the services of, a New York State Division of Criminal Justice
Service-approved statewide vendor-managed civil fingerprint capture
system.
[Amended 2-10-2015 by L.L. No. 10-2015]
(2)
The New York State Division of Criminal Justice Services
shall return such criminal history record information as may exist
in its files or a statement that no such relevant information exists,
such record to be filed with the Town Clerk.
(3)
Upon its return by the New York State Division of
Criminal Justice Services to the Town Clerk, if the application is
approved by the Town Clerk, and upon payment of the prescribed license
fee, the Town Clerk shall prepare and deliver to the applicant therefor
the license required by this chapter.
(4)
If the applicant is a corporation or partnership,
a full set of fingerprints of all officers of said corporation or
of all of the partners must be furnished in the same manner described
hereinabove, including the appropriate fee therefor.
(5)
Any felonies and/or misdemeanors on the applicant's record shall
disqualify the applicant from obtaining a license or permit, unless
after submission of a certificate of relief from disabilities as provided
for in Article 23 of the Correction Law, the Town Clerk determines
that issuance of a license would not endanger the health, safety and
welfare of the residents of the Town of Huntington.
[Amended 2-10-2015 by L.L. No. 10-2015]
N.
If the application involves the use of a vehicle,
proof that the applicant holds a valid New York State driver's license.
O.
Any additional information the Town Clerk shall deem
necessary for the purpose of administering the provisions of this
chapter.
P.
For identification purposes, a statement that the
applicant is a citizen and whether citizenship was obtained by birth
or naturalization; if by naturalization, the date and place where
obtained; if the applicant is an alien, proof of legal entry into
the United States must be submitted.
Q.
Any change in circumstance with regard to the information
provided in the application or the license shall be reported within
30 days of occurrence.
R.
A sworn statement at the end of the application stating
that all of the information given by the applicant is true and accurate
to the best of his or her knowledge and belief.
A.
The following fees shall be collected by the Town
Clerk at the time applications are presented:
(1)
For a motor vehicle: two hundred fifty (250.) dollars.
(2)
For a pushcart or any other nonmotorized vehicle:
one hundred fifty ($150.) dollars.
(3)
For each and every person selling from a vehicle:
fifty ($50.) dollars.
(4)
For peddling and/or soliciting from house to house:
fifty ($50.) dollars.
B.
Fees shall not be refunded.
[Amended 2-10-2015 by L.L. No. 10-2015]
C.
There shall be no reduction in fees for licenses issued
for a fractional part of a year.
A.
The Town Clerk shall notify the applicant that his
or her application is disapproved and no license will be issued on
said application, under the following circumstances:
(1)
If the application or subsequent search should disclose
that the applicant has been convicted of a felony and/or misdemeanor
and/or Town ordinance violation which, in the judgment of the Town
Clerk, renders the applicant unfit or undesirable or which renders
the applicant incapable of properly conducting the activity desired
or if fraud, misrepresentation or false statement is contained in
the application for the license.
(2)
Upon the recommendation of the Suffolk County Department
of Health that the sale of food or food products or other edibles
is being conducted under unsanitary conditions or that there is a
violation of law, regulation, code or ordinance cited by the Suffolk
County Department of Health.
(3)
A felony involving the use of a motor vehicle by the
applicant within the last three (3) years.
(4)
A crime involving the manufacture, transportation,
possession, sale or habitual use of amphetamines, narcotic drugs,
formulations of amphetamines or derivatives of narcotic drugs.
(5)
Operating a vehicle while under the influence of alcohol,
amphetamines, narcotic drugs, formulations of amphetamines or derivatives
of narcotic drugs.
(6)
Leaving the scene of an accident.
(7)
A crime against or involving children.
(8)
The peddling of any goods or property not described
in the application for a license herein or the peddling of any goods
or property which are dangerous or injurious to the purchaser, especially
a child.
B.
Any applicant who has been convicted of a crime described
hereinabove and who has received a certificate of relief from civil
disabilities regarding said conviction, issued by a court of competent
jurisdiction, will not be denied or refused a license herein by the
Town Clerk based on said conviction, based on a review and determination
by the Town Clerk that said certificate would relieve that applicant
from the disability of license refusal and that the crime would not
endanger the health, safety and welfare of the residents of the Town
of Huntington.
C.
Whenever the Town Clerk makes a determination to deny
an application pursuant to the criteria set forth in this chapter,
an opportunity to appear before the Town Board or a duly appointed
hearing officer shall be scheduled in accordance with this chapter.
Any applicant who has been denied or refused a license by the Town
Clerk may make an application to appeal same, accompanied by an administrative
fee of one hundred ($100) dollars.
[Amended 1-13-2004 by L.L. No. 3-2004; 3-23-2004 by L.L. No.
9-2004]
D.
The Town Clerk shall keep a record of all licenses
issued, denied and/or revoked and shall forward such information,
in writing, to the Suffolk County Police Department, and such record
is to be updated on a weekly basis.
E.
Administrative hearing officer. The Town Board may
appoint an administrative hearing officer to conduct an appeal hearing
on the denial, suspension or revocation of the license. The hearing
officer shall submit his/her written findings and recommendations
to the Town Board.
[Added 1-13-2004 by L.L. No. 3-2004]
A.
For each vehicle licensed under this chapter, the
Town Clerk shall issue a decal or other suitable identification device,
which shall bear the word "peddler" or "solicitor" as applicable,
the number of the license and the calendar year for which such license
is issued. Said decal or identification device shall be attached to
the rear of the vehicle for which it is issued in a conspicuous place
and shall be kept clear and readable at all times.
B.
Every peddler or solicitor licensed under this chapter
shall keep his or her license in his or her immediate possession at
all times when peddling or soliciting and shall display the same upon
demand made by any person.
It shall be unlawful for any person to transfer
or assign any license or license identification device issued under
the provisions of this chapter to any other person or from one vehicle
to another vehicle.
A.
If the application is for a business which involves
the use of scales or measures, the Town Clerk shall not issue any
license until such time as there has been filed with the Office of
the Town Clerk a certificate issued by the Suffolk County Sealer of
Weights and Measures that the applicant's scales or measures have
been tested and/or sealed.
B.
If the application is for a license to handle food
in any form, the Town Clerk shall not issue the license unless and
until the applicant exhibits to the Town Clerk a Suffolk County health
certificate, permit or license as evidence of compliance with the
applicable provisions of the Suffolk County Public Health Law and/or
its successor. A copy of the same shall be attached to the application
by the applicant.
C.
If the application is for a business involving the
use of vehicles, all operators of said vehicles shall be required
to take such safety-training course and meet such other requirements
as may be prescribed, from time to time, by the County of Suffolk
for operators of peddling vehicles. A true copy of the certification
issued by the County of Suffolk evidencing that the applicant has
successfully completed the safety-training course and met all other
County requirements shall be filed with the Huntington Town Clerk
within one (1) year from the date of issuance of a license under this
article. Failure to file such certification shall be deemed a violation
of this article and shall be grounds for a denial of an application
to renew the license.
[Amended 5-22-2007 by L.L.No. 23-2007]
The following activities by any person, corporation,
partnership, association, peddler or solicitor shall be unlawful and
are therefore prohibited:
A.
To enter or remain upon private property for the purpose
of peddling or soliciting before the hour of 9:00 a.m. of any day
or one-half (1/2) hour before the sunset of any day or after the hour
of 7:00 p.m. of any day, whichever is earlier, except upon the invitation
of the householder or occupant.
B.
In order to conduct his or her trade, to ring a bell
or knock upon the door or enter any building whereon there is painted
or otherwise affixed or displayed to public view any sign containing
any or all of the following words: "No Peddlers," "No Solicitors,"
"No Agents" or other wording which purports to prohibit peddling or
soliciting on the premises.
[Amended 5-22-2007 by L.L. No. 23-2007]
C.
To peddle, vend or sell his or her goods or wares or to solicit within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school or for school purposes, or permit his or her cart, wagon or vehicle to stand on any public highway within such distance of said school, church or place of worship property, including those exempt by § 149-12 of this chapter.
D.
To set up a table, box, stand, bag, container or any
other device upon any public sidewalk for the purpose of peddling
or soliciting.
E.
To peddle within a radius of 1,500 feet of any public
market or store engaged in the business of selling the same or similar
goods, wares and merchandise offered by said peddler.
F.
To sell, vend or offer for sale any wares, foodstuffs
or merchandise upon the grounds or in and about the facilities of
any public bathing beach or recreation center or park, except in such
case and instance where the Town Board of the Town of Huntington has
granted a concession therefor.
G.
To offer for sale any unwholesome, tainted, deleterious
or diseased provisions or merchandise.
H.
To fail to keep the vehicles and receptacles used
by him or her in a clean and sanitary condition and the foodstuffs
and edibles offered for sale well covered and protected from dirt,
dust and insects.
I.
To use loudspeakers and noisemaking devices. No peddler,
nor any person on his or her behalf, shall shout, cry out, blow a
horn or use any sound-making device upon any street, avenue, alley,
park or other public place within the Town for the purpose of attracting
attention to any item of any kind or description which he or she proposes
to sell, unless the peddler has a Town-issued sound permit valid for
the duration of the peddler permit.
[Amended 9-14-2021 by L.L. No. 58-2021]
J.
To use signs and/or displays, except as follows:
(1)
Signs which are painted on or attached to a peddler's
vehicle, provided that the same do not exceed the dimensions of the
vehicle on which they are placed, are permitted. Use of movable, portable
and freestanding signs is prohibited.
(2)
Only one awning or umbrella per vehicle, which is
mounted on the vehicle licensed pursuant to this section, is permitted.
(3)
Every peddling vehicle licensed pursuant to this chapter
shall be equipped in the front and rear with a sign inscribed with
the legend "caution watch out for children."
K.
To enter upon or engage in the business of selling, hawking, peddling or vending any property, article, product, goods or thing from any boat or vessel on the waterways of the Town of Huntington without first having obtained permission of the Town Board pursuant to Chapter 120 of the Code of the Town of Huntington.
L.
To peddle or solicit in a congested area or in a manner
which impedes the public. For the purposes of this section, the judgment
of any police officer or enforcement or peace officer of the Town
of Huntington, exercised in good faith, shall be deemed conclusive
as to whether an area is congested or the public is impeded by the
activities of a peddler or solicitor.
M.
Silly String or Similar Substances: To peddle, provide
or sell Silly String or similar gaseous, liquid or semi-liquid product
or substance within one thousand five hundred (1,500) feet of parades,
public assemblages, fairs and expositions taking place within the
Town of Huntington.
[Added 3-4-2008 by L.L. No. 5-2008]
A.
No peddler or solicitor shall have the exclusive right
to any location on any street or on any public property.
B.
No peddler or solicitor shall occupy any part of a
state highway for the purpose of peddling for so long as the same
is governed and regulated by New York State Vehicle and Traffic Law
§§ 1157(c) and 1800.
C.
No peddler or solicitor, including those otherwise
exempt from this chapter, shall permit any cart, wagon or vehicle
owned, operated or under his or her control to stand or remain stationary
for the purpose of soliciting or selling or offering for sale therefrom,
or from any bag or container, any goods, wares or merchandise of any
kind upon or within the lines of the following prohibited streets
and service roads thereof or within a distance of two hundred fifty
(250) feet of any intersecting prohibited street:
|
Name of Street
| |
|---|---|
|
Bagatelle Road
| |
|
Broadway, Greenlawn
| |
|
Broadway, Huntington Station
| |
|
Candlewood Path
| |
|
East and West Carver Streets
| |
|
Commack Road
| |
|
Deer Park Road
| |
|
East Deer Park Road
| |
|
East Shore Road
| |
|
Elm Street
| |
|
Elwood Road
| |
|
Fairview Street
| |
|
Greenlawn Road, Greenlawn
| |
|
High Street
| |
|
Huntington - Greenlawn Road
| |
|
Larkfield Road, East Northport
| |
|
Laurel Road, East Northport
| |
|
Long Island Expressway service roads, both north
and south sides
| |
|
Main Street, Huntington
| |
|
Mill Dam Road
| |
|
Nassau Road
| |
|
New Street
| |
|
New York Avenue
| |
|
Northern State Parkway service road, both north
and south sides
| |
|
Oakwood Road
| |
|
Old Country Road, between Jericho Turnpike and
New York Avenue
| |
|
Park Avenue
| |
|
Pidgeon Hill Road
[Added 9-10-1997 by L.L. No. 18-1997] | |
|
Pinelawn Road, Melville
| |
|
Prime Avenue
| |
|
Pulaski Road
| |
|
Round Swamp Road
| |
|
Sabbath Day Path
| |
|
Soundview Avenue
| |
|
Spring Road
| |
|
State Highway Route No. 25, Jericho Turnpike
| |
|
State Highway Route No. 25A, North Shore Road
| |
|
State Highway Route No. 110
| |
|
Vanderbilt Parkway
| |
|
Wall Street
| |
|
West Hills Road
| |
|
West Neck Road
| |
|
West Shore Road, Centerport
| |
|
West Shore Road, Huntington
| |
|
Wolf Hill Road
| |
|
Woodbury Road[1]
|
[1]
Editor's Note: Former Subsection D, which
immediately followed this subsection and dealt with intersections
where the restrictions above do not apply, was repealed 12-17-1996
by Ord. No. 96-CE-8.
A.
The following shall be subject to all provisions of this chapter, except each shall be exempt from the fingerprinting requirements contained in § 149-4M and from the licensing fee provisions contained in this chapter:
(1)
Charitable or religious organizations, in accordance
with the relevant provisions of the United States Internal Revenue
Code and/or the New York State Tax Law.
(2)
Political organizations.
(3)
Honorably discharged veterans of the Armed Forces
of the United States who have obtained a peddler's exemption certificate
from the Suffolk County Clerk to hawk, peddle or vend, pursuant to
law. Where a duly licensed veteran uses a vehicle in his or her trade,
one such vehicle, registered in his or her name, shall be exempt.
No exemption shall apply with respect to any additional vehicle license
fee provided in this chapter.
(4)
The exemptions provided hereinabove shall not be construed
as an exemption from any state law which regulates the activities
enumerated in this section.
B.
The following shall be exempt from all provisions of this chapter except those established in § 149-10A through L and § 149-11A through D:
(1)
Persons maintaining a regular delivery route within
the town.
(2)
A person or persons licensed by the State of New York
to conduct a specific business or businesses to which the provisions
of this chapter would otherwise be applicable.
(3)
A commercial salesman or deliveryman calling exclusively
on wholesale or retail establishments or other business firms within
the town.
C.
No provisions of this chapter shall apply to the following:
(1)
Peddling of farm products by farmers and persons who
produce such commodities, provided that the products are grown upon
land in the Town of Huntington owned or leased by such persons.
(2)
Peddling, without the use of anything but a hand-driven
vehicle, by an honorably discharged member of the Armed Forces of
the United States who is physically disabled as a result of injuries
received while in the service of said Armed Forces and who is the
holder of a peddler's license obtained from the County of Suffolk
in the State of New York.
[Amended 1-13-2004 by L.L. No. 3-2004]
A.
Any license issued pursuant to the provisions of this
chapter may be temporarily suspended by the Town Clerk, upon written
notice to the licensee, and revoked, after a hearing for any of the
following causes:
(1)
Fraud, misrepresentation or false statements contained
in the application for license.
(2)
Fraud, misrepresentation or false statements made
in the course of carrying on the business of peddling or soliciting.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor which, in the
judgment of the Town Board, renders the applicant unfit or undesirable.
(5)
Conducting the business of peddling or soliciting
in an unlawful manner or in such a way as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Notice of hearing for revocation of a license shall
be given, in writing, setting forth the grounds of the complaint and
the place of such hearing. Such notice shall be mailed postage prepaid
certified mail, return receipt requested, to the licensee at the address
stated on the application, at least five (5) days prior to the date
set for the hearing. The hearings shall be held as follows:
(1)
All hearings contemplated under this chapter shall
be administered by the Town Board or a duly appointed hearing officer.
(2)
All hearings shall be recorded.
(3)
Where the Town Board administers the public hearing,
a determination based on the facts and evidence presented must be
made declaring:
(a)
Reversal. The Town Board may reverse the suspension
and reinstate said license, certificate or permit. The Town Board
may reverse the denial of the application and allow said application
to proceed pursuant to the provisions of this chapter: or
(b)
Affirmation. The Town Board may affirm the suspension
of the license, certificate or permit. The Town Board may affirm the
denial of the permit application.
(4)
The hearing officer must file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and render its decision as in § 149-13B(3) herein.
(5)
The hearing officer shall send his/her written finding
and recommendations to the applicant by regular or certified mail
no later than thirty (30) days from the close of the hearing. The
applicant may file written exceptions to the findings and recommendations
of the hearing officer. The written exceptions shall be filed with
the Town Board at least five (5) days prior to a scheduled Town Board
meeting.
C.
The decision of the Town Board is final and shall
be mailed to the applicant and shall be filed with the Huntington
Town Clerk.
Any peddler offering rides or transportation
on any portable conveyance more commonly known as a "carousel," "whip,"
"fire engine" or other ride for amusement shall be required to furnish
public liability insurance in the minimum amount of one million ($1,000,000.)
dollars for injuries, including wrongful death to any person, and
two million ($2,000,000.) dollars to cover any accident involving
more than one person, and property damage insurance in an amount of
not less than one hundred thousand ($100,000.) dollars involving property
damage for any one (1) accident. A certificate of insurance, issued
by an insurance company within the State of New York, which names
the Town of Huntington as an additional insured, shall be filed with
the Town Clerk at the time of the issuance of the permit.
Every applicant not a resident of the Town of
Huntington, or who being a resident of the Town of Huntington represents
a firm whose principal place of business is located outside the State
of New York, shall file with the Town Clerk a surety bond, running
to the Town in the amount of one thousand ($1,000.) dollars. Action
on such bond may be brought in the name of the Town to the use or
benefit of the aggrieved person.
Nothing herein contained shall be construed
to infringe upon or impair the provisions of the Building and/or Zoning
Ordinances of the Town of Huntington relating to permitted uses in
each of the zoning districts.
[Amended 11-6-2019 by L.L. No. 56-2019]
Any person violating this chapter shall be guilty of an offense
and, upon conviction, shall be punished by a fine of not less than
one hundred ($100) dollars and not more than five hundred ($500.)
dollars or by imprisonment not exceeding fifteen (15) days, or by
both fine and imprisonment, in the discretion of the court. Any person
found by the Bureau of Administrative Adjudication to have violated
this chapter shall likewise be subject to a monetary penalty within
the range of fines authorized herein.
The provisions of this chapter are declared
to be severable, and if any section, sentence, clause or phrase of
this chapter shall for any reason be held invalid or unconstitutional,
such decision shall not affect the validity of the remaining sections,
sentences, clauses and phrases of this chapter, but they shall remain
in effect, it being the legislative intent that this chapter shall
stand notwithstanding the invalidity of any part.
