HomeMy WebLinkAboutPeddling & Soliciting 1990LOCAL LAW , 1990
A Local Law in Relation to Peddling and Soliciting.
BE IT ENACTED by the Town Board of the Town of Southold as
follows:
Chapter 69 (Peddling and Soliciting) of the Code of the
Town of Southold is hereby amended to read as follows:
1. Section 69-100 is hereby amended by adding additional
Legislative Intent as follows:
The Town Board of the Town of Southold has deter-
mined that there has been a substantial increase in
the nut, Der of stationary roadside peddlers selling
their wares from vehicles, trailers, and makeshift
stands on vacant, unimproved land adjacent to major
highways.
B. It has further been determined that this increase of
stationary roadside peddlers is contrary to the pub-
lic policy of the Town of Southold and is detrimen-
tal to the health, safety and general welfare of the
citizens of the Town and to the safe flow of vehicu-
lar traffic on the highways within the Town.
C. It is therefore necessary and proper pursuant to the
powers granted unto the Town by virtue of Town Law
Section 136 to regulate the practice of peddling.
Except as otherwise provided herein, it is the
intent of this ordinance to regulate mobile and
stationary peddling while at the same time phasing
out the practice of stationary peddling.
This ordinance is enacted pursuant to Town Law Sec-
tion 136 and is not intended to be an exercise of
the Town's zoning power, and, therefore, no vested
rights accrue with regard to the land indicated on
any license.
Section 69-101 (Definitions) is hereby amended by
adding the following additional definitions:
MOBILE PEDDLERS LICENSE - The license issued to a
peddler who goes by vehicle from place to place or
street to street selling or offering his goods or
merchandise for sale.
STATIONARY PEDDLERS LICENSE - The license issued to a
peddler who, without going from place to place or
street to street sells or offers his goods or
merchandise for sale from a vehicle.
Section 69-103 is hereby amended by adding the follow-
ing additional Application Requirements:
If the application is for a license to handle food
in any form, the applicant shall submit proof that
he or she has complied with the provisions of the
applicable Suffolk County Public Health Ordinances.
In the event that any other licenses or permits
shall be required by any other governmental agency
in connection with the applicant's business, same
shall be produced by the applicant, and the Town
Clerk shall duly note the same.
Applicant shall provide proof of insurance for a
minimum sum of $100,000.00 for personal injury and
property damage suffered by any persons as a result
of the peddler's use of property or other actions.
Applicant shall provide proof of New York State
Motor Vehicle registration and insurance for the
vehicle to be used.
Applicant shall provide proof of New York Sales Tax
Identification number (if applicable).
Section 69-111-C.(3) is hereby amended to read as
follows:
C. The peddling of food and similar produce by farmers
and persons producing such commodities.
- 2 -
5. Section 69-113 (Penalties for offenses) is hereby
amended to read as follows:
Any person committing an offense against any provision
of this Article shall, upon conviction thereof, be guilty of a
violation punishable by a fine of not less than $250.00 nor more
than $5,000.00 or by imprisonment for a term of 15 days, or by
both such fine and imprisonment. The continuation of an offense
against the provisions of this Article shall constitute, for
each day the offense is continued a separate and distinct
offense hereunder.
6. Section 69-114 (Prohibited Activities) is hereby added
to read as follows:
Peddling in street and adjoining property; permitted and
prohibited locations.
No person possessing a mobile peddlers license
shall permit his vehicle to remain stationary for
the purpose of peddling except while sales are
actually being conducted and customers are waiting
for the delivery of goods which they purchased.
Those persons possessing a stationary peddlers
license will be permitted to sell their goods or
merchandise only at the site indicated on the
license.
In the interest of public safety and due to traffic
hazards caused by stopping of motor vehicles
therefore, no peddler shall conduct business or
suffer or permit his vehicle to remain stationary
for the purpose of peddling along the following
highways or any portion of a lot which is adjacent
to:
(1) New York State Route 25
(2) County Road 48 (North Road)
(3) New York State Route 25A and Sound Avenue
(4) Love Lane, Mattituck, and any intersecting
street within 500 feet of numbers (1), (2)
and (3) above
7. Section 69-115 (Peddling on State Highways) is
hereby added to read as follows:
No peddler shall occupy any part of the State Highway
for the purpose of peddling. For so long as the same is
governed and regulated by state law, violation herein should be
punishable in accordance with the state law. (Vehicle and
Traffic Law ~§1157(c) and 1800).
Section 69-116 (Size, Placement and Removal of Motor
Vehicles used by Peddlers) is hereby added to read as
follows:
A. No vehicle which exceeds 25 feet in length in
whole or in part shall be used by any peddler.
The vehicles used by licensed stationary peddlers
shall be placed only on the hard surface parking
area of the premises in which they wish to locate
and not in the driveway, aisles or walkways.
Between the hours of 9:00 P.M. and 7:00 A.M. all
vehicles used by any licensed stationary peddler
shall be removed from the site indicated on the
license and any remaining portion of the property
upon which that site is located.
Section 69-117 (Use of Signs and Displays) is hereby
added to read as follows:
Ail signs used for any purpose by peddlers
including those signs which are painted on or
attached to his or her vehicle subject to the
regulations of the sign ordinances of the Town of
Southold. Portable or free-standing signs are
prohibited.
No peddler shall display merchandise if it is for
sale other than on his person or in the vehicle
used by him or her. Display of merchandise on the
ground or on moveable structures outside the
peddlers vehicle is not permitted.
C. Only umbrellas which are mounted to the vehicle
are permitted.
This Local Law shall take effect upon its filing witil the Secretary of State.
- 4 -
PUBLIC HEARING
SOUTHOLD TOWN BOARD
June 5, 1990
8:02 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO PEDDLING
AND SOLICITING".
Present:
Absent:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ellen M. Larsen
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilwoman Ruth D. Oliva (ill)
SUPERVISOR HARRIS: We'll move on to the second public hearing of the evening,
a "Local Law in Relation to Peddling and Soliciting". Councilman Penny will
read the verification and proof of publication.
COUNCILMAN PENNY: "Public Notice is hereby given that there has been presented
to the Town Board of the Town of Southold, Suffolk County, New York, on the
22nd day of May, 1990, a Local Law entitled, "A Local Law in Relation to Peddling
and Soliciting". Notice is further given that the Town Board of the Town of
Southold will hold a public hearing on the aforesaid Local Law at the Southold
Town Hall, Main Road, Southold, New York, on the 5th day of June, 1990, at
8:02 o'clock P.M., at which time all interested persons will be heard. The proposed
"Local Law in Relation to Peddling ~, Soliciting" reads as follows:
BE IT ENACTED by the Town Board of the Town of Southold as follows:
I. Chapter 69 (Peddling and Soliciting) of the Code of the Town of Southold
is hereby amended to read as follows:
1. Section 69-100 is hereby amended by adding additional Legislative
Intent as follows:
A. The Town Board of the Town of Southold has determined
that there has been a substantial increase in the number
of stationary roadside peddlers selling their wares from
vehicles, trailers, and makeshift stands on vacant,
unimproved land adjacent to major highways.
B. It has further been determined that this increase of
stationary roadside peddlers is contrary to the public
policy of the Town of Southold and is detrimental
to the health, safety and general welfare of the
citizens of the Town and.to the safe flow of vehicular
traffic on the highways with the Town.
C. It is therefore necessary and proper pursuant to the
powers granted unto the Town by virtue of Town Law
Section 136 to regulate the practice of peddling.
'Pg 2 - LL in Relation to Pt~.ling and Soliciting
.O. Except as otherwise provided herein, it is the
intent of this ordinance to regulate mobile and
stationary peddling while at the same time phasing
out the practice of stationary peddling.
,E. This ordinance is enacted pursuant to the Town Law
Section 136 and is not intended to be an exercise of
the Town's zoning power, and, therefore, no vested
rights accrue with regard, to the land indicated on
any license,
2.Section 69-101 (Definitions) is hereby amended by
adding the following additional definitions:
MOI31LE PEDDLERS LICENSE - The license issued to a
peddler who goes by vehicle from place to place
street to street selling or offering his goods or
merchandise for sale.
STATIONARY PEDDLERS LICENSE - The license issued to a
peddler who, without going from place to place or
street to street sells or offers his goods or
merchandise for sale from a vehicle.
3. Section 69-103 is hereby amended by adding the following
additional Application Requirements:
M. If the application is for a license to handle food
in any form, the applicant shall submit proof that
he or she has complied with the provisions of the
applicable Suffolk County Public Health Ordinances.
N. In the event that any other licenses or permits
shall be required by any other governmental agency
in connection with the applicant's business, same
shall be produced by the applicant, and the Town
Clerk shall duly note the same.
O. Applicant shall provide proof of insurance for a
minimum sum of $100,000.00 for personal injury and
property damage suffe.'ed by any persons as a result
of the pedler's use of property or other actions.
P. Applicant shall provide proof of New York State
Motor Vehicle registration and insurance for the
vehicle to be used.
Q. Applicant shall provide proof of New York State Tax
Identification number (if applicable).
4.Section 69-111-C.(3) is hereby amended to read as
follows:
C. The peddling of food and similar produce by farmers
and persons producing such commodities.
5. Section 69-113 (Penalties for offenses) is hereby
amended to read as follows:
Any person committing an offense against any provision of this
Article shall, upon conviction thereof, be guilty of a violation punishable
by a fine of not less than $250.00 nor more than $5,000.00 or by imprison-
ment for a term of 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this Article shall
constitute, for each day the offense is continued a separate and distinct
offense hereunder.
6. Section 69-114 (Prohibited Activities) is hereby added to read
as follows:
Pg 3 - PH LL in relation to ~e~ddling & Soliciting ~,
Peddling in street and adjoining property; permitted and prohibited locations.
A. No person possessing a mobile peddlers license
shall permit his vehicle to remain stationary for
the purpose of peddling except while sales are
actually being conducted and customers are waiting
for the delivery of goods which they purchased.
B. Those persons possessing a stationary peddlers
license will be permitted to sell their goods or
merchandise only at the si~e indicated on the
license.
C. In the interest of public safety and due to traffic
hazards caused by stopping of motor vehicles
therefore, no peddler shall conduct business or
suffer or permit his vehicle to remain stationary
for the purpose of peddling along the following
highways or any portion of a lot which is adjacent
to:
(1) New York State Route 25
(2) County Road 48 (North Road)
{3) New York State Route 29A and Sound Avenue
(4) Love Lane, Mattituck, and any intersecting
street within 500 feet of number (1), (2)
and (3) above
7. Section 69-115 {Peddling on State Highways) is
hereby added to read as follows:
No peddler shall occupy any part of the State Highway
for the purposes of peddling. For so long as the same is
governed and regulated by state law, violation herein should be
punishable in accordance with the state law. {Vehicle and
Traffic Law §§1157(c) and 1800).
8. Section 69-116 (Size, Placement and Removal of Motor
Vehicles used by Peddlers) is hereby added to read as
follows:
A. No vehicle which exceeds 25 feet in length in
whole or in part shall be used by any peddler.
B. The vehicles used by licensed stationary peddlers
shall be placed only on the hard surface parking
area of the premises in which they wish to locate
and not in the driveway, aisles or walkways.
C. Between the hours of 9:00 P.M. and 7:00 A.M. all
vehicles used by any licensed stationary peddler
shall be removed from the site indicated on the
license and any remaining portion of the property
upon which that site is located.
9. Section 69-117 (Use of Signs and Displays) is hereby
added to read as follows'.
A. All signs used for any purpose by peddlers
including those signs which are painted on or
attached to his or her vehicle subject to the
regulations of the sign ordinances of the Town of
Southold. Portable or free-standing signs are
prohibited.
B. No peddler shall display merchandise if it is for
sale other than on his person or in the vehicle
used by him or her. Display of merchandise on the
ground or on moveable structures outside the
peddlers vehicle is not permitted.
P~g 4 - PH LL in relation to P~e.~ddling & Soliciting
C. Only umbrellas which are mounted to the vehicle
are permitted.
II. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: May 22, 1990. Judith T. Terry,
Southold Town Clerk." We have an affidavit of publication from The Suffolk Times,
a like affidavit from The Traveler-Watchman, an affidavit from the Town Clerk,
that this has been posted on the Town Bulletin Board for the appropriate time.
Communications from the Greenport-Southold Chamber of Commerce. Dear Supervisor
and Town Board Members: Please be advised that the Greenport-Southold Chamber
of Commerce is in favor of the proposed amendments to the Peddling & Soliciting
Ordinance which are the subject of a public hearing this evening. These amendments
were drafted by the Legislative Committee with the input of this Chamber of Commerce
to protect our members. These amendments are needed to strengthen the code
with respect to out of town peddlers and/or businessmen who do not maintain a
regular place of business properly zoned in accordance with the Zoning Code. Very
truly yours, Richard L. Caggiano, President on behalf of the Board of Oirectors.
From Kevin G. Bednoski, 34570 County Road 48, Pecon.~c, N.Y. 11958. Dear Super-
visor Harris and Town Board Members; Good evening, my name is Kevin G. Bednoski,
and in my absence today, I propose this letter to you. I am a life-long resident
of Southold Town and a current college student at George Mason University in
Virginia. Many of you can recall my name through activities at Southold High
S'chool, in which I am a 1988 grad, or through community services. This letter
is in reference to the "Local 'Law in Relation to Peddling and Soliciting". I was
recently made aware of it in The Suffolk Times on May 31st, pp. A23. Granted,
I am only twenty years old, but have always viewed a part of Southold's heritage
as roadside tomato stands on the Main Road and concession stands at the local
beaches. I believe that this is as American as a young lad sitting on his front
yard selling lemonade for 5 cents a glass. Practically speaking, we all know that
the population here in 5outhold almost quadruples during the summer 'months. This
is when the small business thrives, expecially with our agricultural background.
I believe that free enterprise done legitimately is faiJ-, ethical, and American. It
is important to set up specific regulations, but to impose those which are impossible
to uphold or those which deter from making a profitable business are impractical,
and to be honest, a way to avoid the total issue. Section 69-114 C 1,2,3,4 states
the County Route 48, Route 25A, Love Lane, and the adjacent lots can't be used
to conduct business. I agree that the shoulders of the major roads shouldn't be
used, but to park in my own front lawn seems harmless. As you ride through
Love Lane or through the Village of Southold, you can see cars piled up on the
shoulders ali day long. What makes Barker's Pharmacy or Main Street Market any
different than a small vegetable stand? Another "Application Requirement" that
I am wary about is Section 69-103 Q. I have no understanding of what "if applicable"
means. That term to me, is extremely vague. Why does one small business have
to report NY State Sale Tax and another do not? Does it have to do with your
products sold or total income? This has to be cleared up and made a universal
statement. Every Thursday, when you look in The Suffolk Times, you can find
craft shows and bake sales sponsored by the local churches and about 50 or so
yard sales in the classified. Does this new local law restrict these activities also?
It is my understanding that the intent of the law is to "weed-out" the extreme
invaders, but the local people feel, myself included, that this is impractical. Many
members of the community have put a large investment of time, money, and hard
labor into their respective business, as small as it may seem. To take that away
from them would be detrimental to the social and economic welfare of the town.
Everyone here on the North Fork thrives for the summers to perk up their business.
Who would this limit, Pindar Wineries, who. have wine rasing under a tent on the
Main Road in Cutchogue, the lady who sells honey and hand-made sweaters next
pg 5 - PH,
LL in relation to Peddling & Soliciting
to the Police Stateion in Peconic, and/or the Lions Club who sponsors the Straw-
berry Festival in Mattituck? The intent is good, but it could be interpreted as
if the Town Board was limiting the right to free enterprise. All of the other specifi-
cations and requirements (Section 69-103 M,N,O,P) should aid in determining the
proper channels to travel to start a business-. I believe that the Town Board needs
to discuss, honestly, who is really being harmed by this new proposed legislation.
Sincerely, Kevin G. Bednoski. No more communications.
SUPERVISOR HARRIS: Thank you. I just want you to know that there is only
ten minutes to speak at a public hearing. At this time, is there any members
of the audience, who would like to address this pubic hearing? Would you come
forward, please.
RICHARD CAGGIANO: Good evening. My name is Rich Caggiano. I'm President
of the Greenport-Southold Chamber of Commerce. You've received a communication
from us, which e~¢pands some of reasoning behind why we're urging to support
this legislation tonight. One of the points we'd like to consider is that local
merchants who carry the heavy burdens of overhead in the form of property tax,
sales tax, rent, utilities, etc. are put at a competitive disadvantage by peddlers,
who do not carry these same costs. In fact peddlers take revenues from the town
and the local merchants generate. We feel that's unfair to the local merchants.
Secondly, unlike peddlers, local merchants are ready, willing and able to provide
follow up service on their products to their customers because they will be there
the next day and the next week, and hope to continue-customer service and repeat
customer sales, which peddlers generally are hit and run, and not available in
case you have faulty products or any type of recourse. Thirdly, the presence
of peddlers on the roads of Southold give the Town an appearance more appropriate
to a carnival than the rustic, rural character of our area. Fourthly, peddlers
often create hazardous conditions on the roads that endanger the safety and welfare
of the residents. Finally; the exclusions that are allowed, we believe will provide
the relief that will enable the local residents to sell things such as pr'oduce, and
the little honey stands, and the flower stands, that are allowed under this particular
legislation. Once again, we'd like to thank the Code Committee for their response
to our concerns, and again, urge the Board to pass this legislation. Thank you
very much.
SUPERVISOR HARRIS: Is there anybody else, who would like to address the Board?
Come forward, Mi'. Wilton.
RICHARD WILTON: My name is Richard Wilton. I'm a resident of Southold Town.
I would like to go on record supporting this amendment to the ordinance for the
reasons that Rich Caggiano has previously stated. Thank you.
SUPERVISOR HARRIS: Anybody else like to address the Board on this Local Law?
JAMES HOMAN':': Supervisor Harris, g~od evening, everyone on the Town Board.
My name is James ~l~an. I live in Cutchogue, and I'd like to address this matter,
especially in the respect to the first page, chapter 69-100, section D, where it
says except if otherwise provided herein, it is the intent of this ordinance to
regulate mobile and stationary peddling while at the same time phasing out the
practice of stationary peddling. Gentlemen, in all due respect for the Town of
Southold, and believe me, I do have a great deal of respect for it, there are many
things in the Town of Southold, that we have thought were right, and they're
not right, and that the Town of Southold has passed ordinance on in the past.
A good example of that is trailers. Many, many years ago, we decided we did
not want trailers in Southold Town. We passed an ordinance against it, and if
. g 6 - PH, LL in relation to Peddling & Soliciting
the Town Board in it's wisdom feels it does not want to"hav~:': stationary peddling
in the Town, it should not attempt to phase it out, but rather restrict it and terminate
it. Period. I do realize that this might cause a hardship to some people, who are
now engaged in the process of stationery peddi'ing. In that case, I think they
should be grandfathered, and their peddling licenses, stationery peddling licenses,
should be permitted and renewed as they come due. I do not think that stationery
peddling and the like, in it's entirety is a good thing for the Town of Southold.
and we have to determine which is, which are the good things for the Town of
Southold, whether it bethe .trailers, whether it be peddling, wherever it may be
throughout the Town. I do feel that it should not neccessarily restricted in all
it's entirety, that you have here, but whether it should be terminated. I do not
think that stationery peddling in the Town should neccessarily be permitted, and I
trust the Town Board to take that under consideration. Thank you.
SUPERVISOR HARRIS: Thank you, Mi-. Homan. Is there anybody else, who would
like to address the Town Board on ~his Local law? (No response.) Hearing none,
I declare this public hearing c~osed
Southold Town Clerl~
~ Rt, lmiofl g(J I%.ddlifi~ aru[
mt." , .
rS~ I I'Jh. 'Main Ro'~d.
'". 'q.~.' .o...,f,')-II)! IL).'fi'
'~IOIHII",. PII)I)I
.... I.l('l.\.ql'&lll,,.' li,:t.u¥ '..acd
· %1'.\11()% \l,t'~ .RI DI.)I [ RS
~ . %';-.(X)().(IO OI h~ iulp:i~(~,'rll.'U :u.t,~. O: ',' ~l_~ ,, .X '
.¥.' i;'li:¢-) ['. I.,,.!,t:?~'k ,tJ'itd I.a
'~' i ,h.% uu, qd,~ -he i~:ddl~r.~ v: hi.
C. O[[|y u:nl-,h:l[~:~ wh[.'h
¢' hi Ji~' iii cr,.:-i,~!r IqllN!h: ['nouul,.d' :0
.al'."', 'nld duq i~, I ~ h'i2 ]la/~t~[~, 5¢),Tt~Jt~C(~ -/~ ~ .~ t ! / .... .
,h'-',l .o,:'li[,, 'u.in,';. ,u .'ih'lc:
Copic~ oL~hts Loc~ Law
,Ncdd[in2 ~do[q, .;'e fi~lh)~,"Tg I
(2~ ( omi v Ro~.(I 18 (%o. rh ~
!.
14) I
.~(10 ,;.'~ ol' ,mr, cc[. (11. (2),
7. S:'-'si?s: 6.U-J I$ I I),'ddli. u, ,~Ji'
t';[,r c 1 Ihh'r,%'u~-)
~.
[[,'.'~lw ,id,icj io icad ~ [bl'.nw,.
p.,i!.e:.
1-o%~ CI~cI~ ~o a.a_v '.interested.
persons aur~b~. IJ~l~e~s hour~.
JUDITH' T. ~ERR¥
SODWHOLD ~'O'WN CLERK'
-, !X, ~D!.'~O re)
COUNTY OF SUFFOLK
SS:
STATE OF NEW YORK
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southo]d, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
!
once each week for .................... z. ...... weeks
successively, commencing on I:he ~/~'
S,worn to before me this ~ I'
.......... ~ .......... day of
Notary Public
.... R~..,~,.. A. SCHNEIDER
. J..~..f P~,~,, State of New ¥~rk
'.,~ O. ~!~uu~4{~