A.
Loudspeakers, noisemaking devices, and generators. No peddler, or any person in his behalf, shall shout, cry out, blow a horn, ring a bell or use any soundmaking device upon any street, avenue, alley, park or other public place within the Town or upon private property within the Town for the purpose of attracting attention to any item of any kind or description which the licensee proposes to sell. The use of generators must strictly comply with the requirements of Chapter 185.
[Amended 3-17-2011 by L.L. No. 3-2011]
B.
Restricted and prohibited locations.
(1)
No person may peddle or solicit in any congested place
or area when or where such activity may impede, endanger or inconvenience
the public or add to the congestion of such place or area. For the
purposes of this section, the judgment of any peace officer, Ordinance
Enforcement Officer of the Town of East Hampton or police officer,
exercised in good faith, shall be deemed conclusive as to the existence
of congestion and as to whether the public is impeded, endangered
or inconvenienced.
[Amended 9-6-2012 by L.L.
No. 13-2012]
(2)
In the interest of public safety and due to traffic
hazards caused by stopping of motor vehicles and traffic congestion
on certain roads in the Town of East Hampton, no person shall park
any vehicle or trailer upon any of the following roads or any portion
of a lot which is adjacent to said road:
[Amended 3-17-2011 by L.L. No. 3-2011]
(a)
From May 1 to September 30: (Reserved)
(b)
All year:
[1]
Any portion of a lot adjacent to State Route 27, "Montauk Highway," from the western boundary of the Town at Wainscott, to the eastern boundary at Montauk, New York. [See also § 198-10B(3) herein.]
[Added 11-16-2000 by L.L. No. 25-2000]
(3)
No peddler shall occupy any part of a state highway
for the purpose of peddling. For so long as the same is governed and
regulated by state law, violation hereof shall be punishable in accordance
with state law [Vehicle and Traffic Law, §§ 1987(c)
and 1800].
(4)
No peddler shall peddle at or within a two-thousand-foot
radius of any municipal park, beach, marina or other Town-owned or
-maintained recreation facility, except as provided herein.
[Amended 3-17-2011 by L.L. No. 3-2011]
(5)
It shall be unlawful for any person to peddle within
500 feet of any property on which a church, schoolhouse or school
grounds are located.
(6)
No person shall peddle at or within a two-thousand-foot
radius of any parade or other public gathering or event organized
by a municipal, not-for-profit or similar group. However, the sale
or offering for sale of goods, wares, merchandise or provisions of
any kind by a representative of the sponsor organization, for the
sole benefit of such organization, shall not be deemed peddling for
the purposes of this article. Any individual so acting on behalf of
the sponsor organization shall carry on his/her person written authorization
from the sponsor to do so and shall present such authorization to
any code enforcement officer, peace officer, police officer or any
individual requesting the same.
[Added 3-15-1991 by L.L. No. 3-1991;
amended 3-17-2011 by L.L. No. 3-2011; 9-6-2012 by L.L. No. 13-2012]
(7)
No peddler shall park or stand a vehicle engaged in
peddling in any park or road-end beach parking area at which spaces
have been designated for the parking or standing of vehicles engaged
in peddling, unless such vehicle is parked or standing in such a designated
space. Notwithstanding the foregoing, no peddler shall engage in peddling
in any road-end beach parking area for which a concession agreement
has been awarded, unless such peddler has been awarded a concession
agreement for that road-end beach.
[Amended 3-17-2011 by L.L. No. 3-2011]
C.
Use of signs and displays.
(1)
It shall be lawful for peddlers to use signs which are painted on or attached to a peddler's vehicle, provided that same do not exceed the dimensions of the vehicle on which they are placed. Such permitted signs shall be exempt from the provisions of the sign regulations, Town Code Chapter 255. The use of movable, portable and freestanding signs by peddlers is prohibited.
(2)
No peddler shall display merchandise or goods for
sale other than on his person in or on the vehicle licensed pursuant
to this local law. Displays of merchandise on the ground or on movable
structures or stands outside and unattached to the peddler's vehicle
are prohibited. Use of tables, seats or any freestanding counter is
prohibited.
(3)
Only one awning and/or umbrella which is mounted on
a vehicle licensed pursuant to this section is permitted per vehicle.
D.
Size, placement and removal of vehicles.
(1)
No vehicle, or trailer or combination thereof which
exceeds 25 feet in total length shall be used by any peddler.
[Amended 2-6-1998 by L.L. No. 5-1998; 3-17-2011 by L.L. No.
3-2011; 7-2-2015 by L.L. No. 25-2015]
E.
Stationary sales prohibited. It shall be unlawful
for any person engaged in peddling, whether or not a vehicle is used
to peddle, to stand or remain stationary at any location for more
than 30 minutes. For the purposes of this subsection, a "location"
shall be all locations within a two-thousand-foot radius of the site
at which a peddler, or vehicle, is actually situated.
[Amended 3-17-2011 by L.L. No. 3-2011]
(1)
This
section shall not apply to concessionaires who hold a valid concession
agreement to sell concessions at the road-end beach for which the
concession agreement was granted.
A.
The provisions of § 198-6A and B of this local law shall not apply to any honorably discharged veteran of the armed services of the United States who has obtained a veteran's license from the Suffolk County Clerk to hawk, peddle, vend or solicit trade in pursuance of law, nor shall they apply to a peddler engaged in interstate commerce. Where a duly licensed veteran uses a vehicle in his trade, one such vehicle shall be included without fee in the cost of the peddler's license issued to such veteran. Each additional vehicle used by such veteran must be licensed pursuant to this section, and no exemption shall apply with respect to the additional vehicle license fee provided in § 198-6B of this local law. Where a peddler's license or a vehicle license is issued to a licensed veteran, the Town Clerk shall issue a licensed vehicle license decal similar to that prescribed in §§ 198-6D and 198-7 with the addition of the word "veteran" on the license or decal. A vehicle license decal will and shall be issued only if the vehicle is registered in the name of and operated by the veteran.
B.
The following shall be exempt from the provisions
of this local law:
(1)
Charitable or other tax exemption organizations or
persons in accordance with the provisions of Section 401 of the Internal
Revenue Code and/or § 1116 of the New York State Tax Law.
(2)
Persons engaged in the distribution of a newspaper
published at stated intervals for the purpose of conveying news to
its subscribers, buyers or readers.
(3)
Any person who keeps, maintains or operates a store,
market, shop or similar permanent place of business and who operates,
runs or uses a truck or other vehicle for the purpose of making delivery
of goods, wares, merchandise or provisions bought or ordered at such
place of business or any person solely engaged in the business of
delivering such goods, wares, merchandise or provisions for or on
behalf of one or more such permanent places of business. This exemption,
however, shall not apply to the delivery of concessions to a road-end
beach which is governed by a valid concession agreement.
[Amended 3-17-2011 by L.L. No. 3-2011]
(4)
Persons maintaining a regular scheduled delivery route
for the delivery of goods which had been previously ordered.
(5)
Persons peddling farm produce, raised or produced
by them, and who are regulated by § 81 of the General Municipal
Law of the State of New York.
C.
Concessionaires engaged in the sale of concessions at road-end beaches
will be allowed to peddle and remain standing at the location for
which the concessionaire was granted a concession agreement by the
Town between the dates of March 16 through December 1.
[Amended 8-6-1993 by L.L. No. 20-1993; 4-19-1996 by L.L. No.
6-1996; 4-4-2003 by L.L. No. 6-2003; 5-20-2010 by L.L. No.
2-2010; 3-17-2011 by L.L. No. 3-2011]
(1)
Concession agreements shall be available for the following road-end
beaches:
(a)
Indian Wells Highway.
(b)
East Lake Drive.
(c)
South Lake Drive.
(d)
West Lake Drive.
(e)
Alberts Landing.
(f)
Fresh Pond Road.
(g)
Barnes Hole Road.
(h)
Little Alberts Landing.
(i)
Sammys Beach Road.
(k)
Otis Road.
(l)
Kirk Park, Montauk.
(m)
Maidstone Park: area northwest of the rest room facility.
D.
Licensed peddlers who are not awarded a concession agreement may peddle at all other locations in Town where peddling is otherwise permitted. Should no peddler be then granted a concession agreement for operation at any of the above enumerated locations, then the provisions of § 198-10E shall apply.
[Added 3-17-2011 by L.L. No. 3-2011]
E.
Licensed peddlers engaged in the sale of concessions and not awarded a concession agreement shall be allowed to peddle in all other permitted areas of the Town, provided such peddlers comply with the provisions of § 198-10E herein which limits standing to not more than 30 minutes. In addition, notwithstanding any regulation to the contrary contained in this chapter, all such peddlers shall also be permitted to peddle and remain standing for a period not to exceed 30 minutes between the hours of 8 a.m. to 10 p.m.:
[Added 3-17-2011 by L.L. No. 3-2011]
