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LL #10-1992LOCaI LBW Filing NEW YORK STATE DEPARTMENT Of STATE g 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. TTowof.......WIURING.ER................................................... own ; ................................. 3fidimxx Local Law No.........1D...................................... of the year 19 .9..2.. A local law ....]3s~gix10t,71.i?,a... l W. e�r.5...And Peddlers in the Town of Wappinger. . ............................................. (Insert Title) BeIt enacted by the ......TIDYa... Botard.......................................................................................................of the (Name of Legislative Body) �Qltw of.....Wapp�isLgrex.................................. .......as follows: Town..................................... mum TEXT -COMMENCES ON NEXT PAGE (If additional space is needed, attach pages the same size as this sheet, and number each.) (1) a%6, //s/r,Y SECTION 1. TITLE This local law shall be entitled: "Local Law regulating Hawkers and Peddlers in the Town of Wappinger." SECTION 2. STATUTORY AUTHORIZATION This locale, law is adopted pursuant to the authority granted to the Town of Wappinger pursuant to Town Law SS.* 136 (1), 137, 274-a; Vehicle and Traffic Law S1157 (c) and General Business Law SS 32, 35. SECTION 3. STATEMENT OF FINDINGS; INTENT 1. The Town of Wappinger finds that there has been a major increase in the number of hawkers and peddlers of a transient, stationary and semi -stationary nature, selling their goods and wares door-to-door and from vehicles and stands on vacant and improved land on the public ways in the Town. 2. This increase of transient hawkers and peddlers and those who establish themselves at fixed locations create a danger to the health, safety and general welfare of the citizens of the Town. The problems created include increased traffic, congestion and parking problems. 3. This local law is intended to be an expression of the police power of the Town, and is not intended to be a revenue measure. SECTION 4. DEFINITIONS 1. "Peddler" shall mean any person, including an employee or agent of another, who sells or offers to sell food, beverages, goods, merchandise or services on any public street or sidewalk from a stand, motor vehicle or from his or her person, or one who travels by foot, wagon, motor vehicle, pushcart or any other method of transportation from house to house, street to street or place to place selling or offering to sell food, beverages, goods or merchandise. 2. "Hawker" shall mean any person, including an employee or agent of another, traveling either by foot or by any conveyance from place to place, house to house or from place of business to place of business, or any combination thereof, who takes or offers to take orders for the sale of any goods, wares or merchandise, including Vendor page 2 books or periodicals, for future delivery, or for the performance of future services, whether or not he collects advance payments for such sale or service. 3. "Stand" shall mean any newsstand, table, bench, booth, rack, handcart, pushcart or any other fixture or device which is not required to be licensed and registered by the New York State Department of Motor Vehicles, used for the display, storage or transportation of articles offered for sale by a peddler or hawker. 4. "Public street or sidewalk" shall include all areas legally open to public use as public streets, sidewalks, roadways, highways, parkways, alleys, and any other public way. 5. "Licensee" shall mean a person to whom a license has been issued pursuant to this law. SECTION 5. LICENSE REQUIRED 1. It shall be unlawful for any person, except as exempted herein, to engage in activity as a peddler or hawker within the Town of Wappinger, without first obtaining a license from the Wappinger Town Clerk, as herein provided. 2. A stationary peddler or stationary hawker as defined herein shall be required to obtain a special permit in accordance with [Zoning Law] in order to obtain a license r pursuant to this law.: SECTION 6. EXEMPTIONS 1. No part of this ordinance shall be enforced so as to conflict with Article 4 of the New York State General Business Law. 2. The requirements of this law shall not apply to the following, provided that official uniforms, clothing, insignia or other identifications is displayed: Vendor page 3 (a) Representatives of any not-for-profit religious, charitable, educational, civic or political organization. (b) Any organization such as the Boy Scouts of America, Girl Scouts of America or local volunteer firemen. (c) Candidates for elective office or their representatives. 3. Nothing in this law shall be held to apply to: (a) Sales conducted pursuant to statute or by order of any court. (b) Persons selling personal property at wholesale to dealers in such articles. (c) The peddling or hawking of meats, fish, fruit and similar produce by farmers and persons who produce such commodities on their own land, provided they have otherwise complied with any licensing and health and safety requirements of any other competent governmental body or agency. (d) Dealers in milk, baked goods, heating oil and daily newspapers. (e) Licensed real estate brokers; insurance agents; SECTION 7. LICENSE APPLICATION REQUIREMENT'S 1. An application for a license or for a renewal thereof shall be made to the Town Clerk, in writing, and shall contain the following information: (a) Name, age, telephone number, permanent address and current address, if different. - (b) A description of the nature of the business to be conducted and the food, beverages, goods, merchandise or services to be peddled or hawked. (c) If an employee or agent of another, the name and address of the applicant's employer or principal, together with proof of employment or agency. If such employer or principal is a corporation, the state of incorporation. Vendor page 4 (d) The names of all municipalities in which the applicant has carried on the business of peddler or hawker in the preceding six months. (e) If a. vehicle is to be used, a description of such vehicle, its license plate number, state of registration and operator license number. (f) A photograph of the applicant taken within sixty (60) days immediately prior to the date of the application, which photograph shall clearly show the head and shoulders of the applicant and shall measure approximately two by two (2 x 2) inches. (g) If the application is for a license to handle food in any form, a valid permit issued by the Dutchess County Health Department establishing compliance with the provisions of the Dutchess County Public Health Regulations. (h) If the applicant requires the use of weighing and/or measuring devices, a certificate, not more than six (6) months old, from the Dutchess County Sealer of Weights and Measures certifying that all weighing and measuring devices to be used by applicant have been examined and approved. (i) A copy of any license or permit required by any other governmental agency in connection with the applicant's business. 2. The application -shall be accompanied by a $200.00 application/renewal fee, which shall be non-refundable. 3. Any change in circumstances with regard to the information provided in the application or on the license shall be reported to the Town Clerk within thirty (30) days of such change. SECTION 8. LICENSE/APPLICATION PROCEDURE 1. An application to hawk or peddle accompanied by all required information shall be submitted to the Wappinger Town Clerk. Vendor page 5 2. The Town Clerk shall review the application within 45 days of its receipt for compliance of this local law and respond to Town Board with written comments if he/she deems necessary. 3. If approved, the Town Clerk shall, after payment of the appropriate fee and all requirements are satisfied, issue a license. 4. Denial of a license shall be subject to review by the Town Board, upon written application within 30 days of the date of the denial. If the Town Board, after such review, grants the application, such application shall be returned to the Town Clerk who, shall issue the license as prescribed herein, with the signature of the Town Clerk or authorized deputy. SECTION 9. FEES An applicant for a license issued pursuant to this law shall pay an annual license fee of $200.00, to be collected by the Town Clerk. License for one (1) weekend only permit shall be $25.00. SECTION 10. LICENSE PRODUCTION AND DISPLAY 1. Every licensee, while engaged in the activity for which a license was issued pursuant to this law, shall carry on his person such license and shall exhibit such license to any person upon request. 2. If a license issued pursuant to this law is lost or stolen, such loss shall be reported to the Town Clerk within ten (10) days of discovery of such loss or theft. Upon such notification, the Town Clerk shall issue a replacement license for a fee of $15.00 to be collected by the Town Clerk. - SECTION 11. TRANSFERABILITY No license issued pursuant to this law shall be used or displayed at any time by any person other than the person whose name and picture appear on such license. Vendor page 6 SECTION 12. RESTRICTIONS 1. Restricted and Prohibited Locations: (a) Pursuant to section 1157, paragraph (c) and section 1800 of the New York State Vehicle and Traffic Law, no licensee shall occupy any part of a state highway in any manner for the purpose of peddling or hawking, except a veteran holding a license issued pursuant to Article 4 of the New York State General Business Law. : (b) No licensee shall, while engaged in the activity for which a license was issued pursuant to this law, permit any vehicle used in such activity to stand or remain: (1) Within 200 feet of any intersection. (2) On any crosswalk. (3) Within two hundred fifty (250) feet of any residence, commercial establishment, public building, government building, premises occupied as a public or private school or college or used for such purposes, or premises primarily used for religious purposes. (c) No licensee shall have any exclusive right to any location in the public streets, nor shall a licensee be permitted a stationary location without a special permit, nor shall a licensee be permitted to operate in a congested area where such operation might impede access to the entrance of any adjacent building or driveway or inconvenience the public. For the purpose of this law, the judgment of any police officer or of the Building or Zoning Inspector of the Town of Wappinger exercised in good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (d) No licensee shall, while engaged in the activity for which a license was issued pursuant to this law, stand or allow or permit the vehicle used in such' licensed activity to stand in any one location for more than one (1) hour. After one (1) hour in any one location, the licensee shall move said vehicle a distance of not less than 1000 feet from such location and shall not return said vehicle to such location for at least two (2) hours. Licensee shall not return to same location more than twice in 1 day. This restriction shall not apply to licensees who are participating in a one or two day special event authorized by the Town Board. Vendor page 7 All licenses will be automatically suspended on any occasion sponsored by the Town of Wappinger and/or County of Dutchess. (example: Community Day, Balloon Fest, etc.) Violations will be as stated in Section 14 of this law. 2. Use of Signs and Displays: (a) It shall be lawful for a licensee to use signs which are painted on or affixed to licensee's vehicle, provided such signs do not exceed the dimensions of the vehicle on which they are placed, and such vehicle can be driven safely with the sign as affixed. Such permitted signs shall be exempt from the provisions of the Town of Wappinger Zoning Law. The use of other movable, portable and/or free-standing signs by licensees shall be prohibited. (b) No licensee shall display food, beverages, goods or merchandise except upon the licensee's person or in the vehicle used in the activity for which a license was issued pursuant to this law. 3. Other Restrictions: A licensee shall be responsible for the clean-up of any debris resulting 'from the conduct of the licensee's business. SECTION 13. ENFORCEMENT The Town of Wappinger Building Inspector or Zoning Administrator and any police officer or peace officer as defined in the New York State Criminal Procedure Law shall enforce the provisions of this law. SECTION 14. OFFENSES AND PENALTIES 1. A violation of this law is a misdemeanor. A conviction for such violations shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 15 days, or by both such fine and imprisonment. Each day licensee is in violation, it shall be considered a separate offense. SECTION 15. REVOCATION OF LICENSE 1. Any license issued pursuant to this law may be revoked by the Town Board, due to violation of this Local Law, after written notice and an opportunity to be heard. Vendor page 8 2. The Town Clerk, upon receiving information giving reasonable cause to believe that a licensee has violated any provision of this law, may temporarily suspend such license, after written notice and an opportunity to be heard. SECTION 16-. LICENSE PERIOD A license issued pursuant to this law shall expire on the day next preceding one (1) year after the date of issuance. SECTION 17. RENEWAL 1. An application to renew a license shall be determined in accordance with Section 8 of this law. In addition, the Town Clerk shall review each application for renewal to determine that: The applicant is in full compliance with the provisions of this law; 2. License renewal applications shall be made in person to the Town Clerk who shall issue the same in accordance with the terms of this Law. SECTION 18. REPEAL Upon the effective date of this law, the existing "Ordinance Requiring License For Sale of Merchandise by Hawking and Peddling" of the Town of Wappinger, adopted August 26, 1970, as" amended July 10, 1978 and May 10, 1982, is repealed. SECTION 19. EFFECTIVE DATE This law shall take effect immediately upon adoption, posting and publication as provided by law. Vendor page 9 SECTION 20. SEVERABILITY The provisions of this law are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such stir► illegality, invalidity, unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this law or their application to other persons or circumstances. It is hereby declared to be the intent of the Town Board that this Local Law would have been included therein, and if such person or circumstance, to which the Local Law or part thereof is held inapplicable, had been specifically excepted therefrom.