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HomeMy WebLinkAboutLL-1976 #06A Local Law to amend Chapter 69 of the Code of the Town of Southold in relation to Peddling and Soliciting. Be it enacted by the Town Board of the Town of Southold as follows: I. Section 69-102, Article 1, Chapter 69 of the Code of the Town of Southold is here- by amended to read as follows: 69-102 License required. It shall be unlawful for a person to act as a hawker, peddler or solicitor within the limits of the Town of Southold, except in conformity with the provisions of thxs Article, and without first having obtained and paid for and haxdng in force and effect a license, as pro~dded herein, Notwithstanding the foregoing pro~isions of this Section, a merchant having an established place of business within the Town of Southold, or his employees shall not be required to obtain a license issued pursuant to the pro~,xsions of this Artxcle. II. The first sentence of Section 69-109, Article I, Chapter 69 of the Code of the Town of Southold is hereby amended by deleting therefrom the word "licensed". III. Subsection C of Section 69-111 of Article 1, Chapter 69 of the Code of the Town of Southold is amended by deleting paragraph (3) thereof and renumbering paragraphs (4), (5) and (6) accordingly. (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be' given as amended. Do not use brackets for matter to be eliminated'and do not use italics for new matter. ~ Southold Town Local Law No ....................... ~ ............................... of the year 19 ...7.6.... A local law to amend Chapter 69 of the Code of the Town of Southold in relation (Insert title) to Peddling and Soliciting. Town ]Board of the Be it enacted By the ..................................... '{'/~;"~Fi~"[;i~;i;';'~}'i% .............................................................. ~ S outhold of .............................................................................................................................................................. as follows: To WH I. Section 69-102, Article I, Chapter 69 of the Code of the Town of Southold is hereby amended to read as follows: 69-102 License required. It shall be unlawful for a person to act as a hawker, peddler or solicitor within the limits of the Town of Southold, except in conform- ity with the provisions of this Article, and without first having obtained and paid for and having in force and effect a license, as provided herein; Notwithstanding the foregoing provisions of this Section, a merchant having an established place of business within the Town of Southold, or his employees shall not be required to obtain a license issued pursuant to the provisions of this Article. Ii. The first sentence of Section 69-109, Article I, Chapter 69 of the Code of the Town of Southold is hereby amended by deleting therefrom the word "licensed". III. Subsection C of Section 69-111 of Article I, Chapter 69 of the Code of the Town of Southold is amended by deleting paragraph (3) thereof and renumbering paragraphs (4), (5) and (6) accordingly. IV. This local law shall take effect immediately a.s provided by law. ~'~'(If additional space is needed, please attach sheets of the same s;_;-e as this a~~r each)~ in the ~,-omp.ete paragraph applies to the filing.of this local law and strike (Final adoption by local legislative body only.) 1. I hereby certify that the local law annexed'hereto, oesIgnateo' ' ' as local law No ......... .6. ........ of i9T...6. .... of the ~,i~¢x of. Southold . was duly passed by the Town Board lown .......................... ~ (Name of Legislative Body) on December 7 19 76 in accordance with the applicable provisions of law. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer or repassage after disapproval.) 2. I hereby certify that the local law annexed hereto, designated as local law No ..................... of 19 ........ County City of the Town of ..2 ......... was duly passed by .............................. X ............................ Village (~ me of Legislative Body) ............. not disapproved on .................................................. 19 ........ and was approved by the ....................................................... repassed after disapprovaI Elective Chief Executive Officer and was deemed duly adopted on ........................ 19 ....... , in accordance with the applicable provision s of law. (Final adoption by referendum.) 3. I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 .......... County of the City Town of ................ was duly passed by the Village (Hame of Legislative Body) not disapproved on ................................................... 19.....:.. and was approved by the ............................................................... repassed after disapproval Elective Chief ~xecutive Officer on ...................................................................... t9. ........ Such local law was submitted to the people by reason of a mandatory . permissive referendum and received the affirmative vote of a majority of the. qualified electors voting general thereon at the special election held on ..................................................... 19 ....... in accordance with the appll- annual ' cable provisions of law. (Subject to permissive referendum and final adoption because no valid petition filed requesting referendum.) 4. I 1~ ereby certify that the local law annexed hereto, designated as local law No ................... of 19. ......... County City of the Town of.. . ................ was duly pa~sed by the ................................................................................ on Village (N .... f Legislative Body) not disapproved ...................................................... 19 ........ and was approved by the ......................................................... on repassed after disapproval Elective Chief Executive Officer ............................................................. t9 ......... Such local law being subject to a permissive referendum and no valid petition requesting such referendum having been filed, said local law was deemed duly adopted on ...................................................................... 19 ...... , in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or includes the chief executive officer of a count), elected on a county-wide basis or if there be none the chairman of the board of supervisors, the mayor of a city or village or the supervisor of a town, where such officer ~s vested with power to approve or veto local laws or ordinances. [City local law cencerrda~ ~ ....... ' .... - ' ' ~ ' ~ iawNo. 5. i t'~'r~.,~.~o~-- c~r~ iv t~tat Lhc !oca~ ia~ aunexed ~ereto, des:~a~ed as local .................... _ - !lavi~~ of the City of ........................................................................... ' been submitted to referendum pursuant to the provisions of 37 of the ~,lunicipal t lome Bule Law and having received the afHrmative vote o~ a majority special election held on .................................. of the qualified electors of such city voting thereon at the general ................ 19 ........ became operative. (County local law concerning adoption of Charter.) 6. I hereby certify that the local law annexed hereto, designated as Local Law No ....... of 197 ....of the County of ......................................... State of New York, having been submitted to the Electors at the General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni- cipal Home Rule Law and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 above. Cl~ of the Board of Supervisors/Ct-fy, Town or Village Clerk or Officer designated by Local Legislative Body Elizabeth A. Neville, Deputy Town Clerk of the Town of Southold Date: December 10, 1976 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEi¥ YORK COUNTY OF ....S...U...?..F....O....L...K.. ......................... un'ers:-neA,u ,a ~ - ~jl~erel"~ certifv._~ that the foregoing local law contains the correct text and that all I, the proper proceedings have been had or taken for the enactment of the local law annexed hereto. ........... i~tt~ o~ om~,~";5~obert W. Tasker, Town Aliorney ............... ............................. Town Dated: December 10, 1976 DEPARTMENT OF STATE 162 WASHINGTON AVENUE ALBANY. NEW YORK 12231 December 13, 1976 Office of Town Attorney Town of Soutbold 425 Ma~n St. Greenport, L.I., NY 11944 Dear Sir / Madam: of Please be advised that Local Law(s) No.__~___ 1976 of the T~n of Southold was/were received and filed on 12/13/76 We are enclosing additional forms for your future use when filing local laws. cc: Very truly yours, MARIO M. CUOMO Secretary of State by: ~Jame~s C~ ~u~ Chief Clerk State Records and Law Bureau State Comptroller Division of Municipal Affairs G120-006 LOCAL LAW - PEDDLING AND SOLICITING - Nova~=Der 23, 1976 A public hearing was held at the Supervisor's Office, 16 South Street, Greenport, New York at 3:30 p.m. on November 23, 1976. Present were: Supervisor Albert M. Martocchia Justice Louis Demarest Justice Martin Surer Councilman James H. Rich, Jr. Councilman James F. Homart Supervisor: The purpose of this public hearing is to amend one of the Town Ordinances, the Peddlers and Soliciting Ordinance; the notice will be read by Councilman Homan. PLEASE TAKE NOTICE that proposed Local Law No. - 1976, entitled "A Local Law to amend Chapter 69 of the Code of the Town of Southold in r~ation to Peddling and Soliciting," was introduced at a meeting of the Town Board of the Town of Southold held on the 26th day of October, 1976. Said Local Law amends Chapter 69 of the Code of the Town of Southold with respect to merchants having an established place of business within the town, or their employees, and license requirements. Copies of said proposed Local Law No. - 1976 are available for inspection and distribution at the Town Clerk's Office to any interested person during business hours. PLEASE TAKE FURTHER NOTICE that a public hearing with respect to said Local Law No. - 1976 will be held at the Supervisor's Office, 16 South Street, Greenport, New York, on the23rd day of November, 1976 at 3:30 o'clock p.m. at which time and place all interested persons will be given an opportunity to be heard. DATED: October 26, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY, TOWN CLERK I have proof of publication in the Long Island Traveler-Mattituck Watchman signed by Sherley Katz and I have proof of publication in the Suffolk Weekly Times signed by Stuart Dorman. I have an affidavit that this was posted on the bulletin board in the Town Clerk's Office. Supervisor: For a point of explanation, we don't give a n~nber to a local law. It's not a local law until it is adopted. Then, when it is adopted, it is slotted in with the next number which takes place in the given year which is 1976. Then, it gets a number assigned to it. We have some pending that we haven't made decisions on and the one that gets approved first gets the next number. You have heard the notice for the amendment of the Peddlers and Solicitors Ordinance, proof of publication in the two local papers, the Traveler the official paper and the alternate paper, the posting in the Town Clerk's Office. At this time, if anyone would like to speak on the subject, it is open. PEDDLING AND SOLICI%mNG -2- Nov=mber 23, 1976 Peter Nathanson: Am I to understand that what you are going to do is this one section here that merchants have an established business, is it to delete this one thing from the exemption list under the local law? Supervisor: It seems that we were confronted this past summer with a loophole. They usually show up eventually. I have to remember this a little bit. As it works now, if you have a base of operation in the township, then these trucks can go around and do not have to have a permit. We want to adjust ~e two, it's o.k. to have a base of operation, that's o.k. not to have a permit. We want to enclose in there that it covers everything, that that same peddler has to meet all the other conditions of the ordinance, such as what time you have to start in the morning. You cannot start before a certain time. Quit at a certain time. Meet all the other regulations of that ordinance. The only thing you are going to be excluded from is not have to have a permit. That's the basis of the thinking because he might think he's exempt all the way. We want to make it very clear that he has to meet all the other~quirements of a licensed peddler such as starting and quitting time and all the other regulations with it. Mr. Nathanson: There's one thing in there. It says in the law that certain persons or vehicles aren't allowed to stay in one location for more than ten minutes. Supervisor: That's correct. Mr. Nathanson: What is their definition of one location? How big an area does this encompass? Supervisor: Any place at all, they can stay no longer than 10 minutes. They can't make that a base of operations. They can sell a few things and then move on. Some people, some peddlers will go to a place a stay two hours. Mr. Nathanson: Would this requirement to move, well, you say I will move five feet and stop again. Supervisor: You could do that to the police once in awhile. They know when to crowd you and when not to crowd you. Mr. Nathanson: Would it be possible at this time to put some- thing else in along with this amendment? Supervisor: Not today. You can come at a later time. There are always amendments that could be considered. Mr. Nathanson: I thought as long as you were working on this one particular section of the code. Supervisor: Give them to us in writing, we'll give them to our attorney to research and see how they fit in with the general pattern. Anyone else? PEDDLING AND SOLICITmNG -3- November 23, 1976 William Pell IV: Down at Gull Pond, when the truck £irst arrives there, it takes ten minutes on a good weekend to get up the line. If the guy has to move at the end of ten minutes, people at the end of the line still won't get served. Supervisor: What is happening, as an example Rocky Point Road, it's a residential area, Rocky Point Road, and they'll go to work and park in somebody's yard and stay there practically all a£ter- noon. There might be a colony o£ people and that is not a zoned business area or recreational site. If they want to go into Gull Pond, there's no problem. They can stay. Mr. Pell: They can stay as long as they want. Supervisor: There are certain residential areas, off the road, onto their property, these people condone it. Maybe, they get free ice cream, I don't know, but the point is this is the thing we are trying to avoid. If he wants to set up a shop, let him set up shop in a business area. M~. Nathanson: If this particular vehicle is off a state highway and it has to be private property, does that private property have to be a business-zoned property? Supervisor: That's right or else the Building Department goes after them, which we did do this summer. We had quite a bit of problem with one person this summer and we had to go quite a ways to erradicate that problem. Mr. Pell: But at Gull Pond, he would be safe there. Like the ballfield at night, can he stay? Supervisor: That's the Village of Greenport. They have jurisdiction there. Does anyone else have any discussion on this proposed amendment supporting it. Anyone opposed to this amend- ment? Anyone wanting discussion on this particular amendment? Hearing none, the hearing will be closed and the Board will make a decision in the near future. Thank you very much. Respectfully submitted, Mur'i(~t Brush, Secretary LEGAL NOTICE NOTICE OF HEARING PLEASE TAKE NOTICE that proposed Local Law No. -1976. entitled "A Local Lag' to amend Chapter 69 of the Code of the Town of Southold in relation to Peddling and Soliciting," was introduced at a meeting uf the Town Board of the Tuwn of 5outhold held on the 26th day of October, 1976. Said Local Lag' amends Chapter 69 of the Code of the Town of Southold with respect to merchants having an establish- ed place of business within the town, or their employees, and license requirements- Copies of said proposed Local Law No. -1976 are available for inspection and distribution at the Town Clerk's office to any inter- ested person during busines~ hours. PLEASE TAKE FURTHER NOTICE that a public hearing with respect to said LocaI Law No. -1976 will be held at the Supervi- sor's Office, 16 South Street, Greenport. New York on the 23rd day of November. 1976 at 3:30 o'clock P,M. at which time and place all interested persons will be given an opportunity to be heard. DATED: October 20, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK 1T-I 1, 11 COUNTY OF SUFFOLK 1, ss: STATE OF NEW YORK j Sherley Katz, being duly sworn, says that she is an Editer, of THE LONG ISlaND TRaVELER-WATCHMAN, a public newspaper printed at 5outhold, in Suffolk County: and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for I weeks successively, commencin[t on the . ../! ................................. ....................................... , 19.;..~:2.. Sworn to before me this ...... /....~7.. .......... cloy ........ LEGAL NOTICE NOTICE OF HEARING PLEASE TAKE NOTICE tlumt-~ proposed Local Law No.--1976, entitled "A Local Law to amend Chapter 69 of the Code of the Town of Southold in relation to Peddling and Soliciting," was introduced at a meeting of the Town Board of the Town of Southold held on the 26th dsy of October. 1976. Said Local Law amends Chapter 69 of the Code o£ the Town of Southold with respect to merchants having an es~blisbed place of business within the town, or their em- ployees~ and license requirements. Copies oI said proposed Local Law No. 1976 are available for inspection and distribution at the Town Clerk's Office to any terested person daring business bo~ws. PLEASE TAKE FURTHER NOTICE that a public hearing with respect to said Local Law No.--1976 will be held at the Supervisor's Office, 16 South Street, Greenport, New York on the 23rd day of November, 1976 at 3:30 o'clock P.M. at which time and place all interested persons will be given an opportunity to be heard. Dated: October 26, 1976 BY ORDER OF TIdE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK ITN11--2505 COUNTY OF SUFFOLK, ~ ss: STATE OF I~EW YORK, Si:uart C. Do~n being duly Sworn, sm/s that ....... he is Printer and Publisher of ~he SUFFOLK WEEKLY TIMES, a newspaper published ~rt G~enpert, in said county; and ~het the notiee, of which the ,,nnexed is ~ printed copy. has been published in the0~td ~folk Weekly Times once in each week, ~r ........................... weeks successively commencing on the . E].e.v.e~lJ~lt .............. ... .... Sw~ to ~l~e me this .../~. .... day of .. ~.~/~.~L~ 19.'~ J