[HISTORY: Adopted by the Town Board of the Town of Olive at time
of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted
where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 101.
The purpose of this chapter is to promote and protect the health, safety
and general welfare of the community, and the preservation and protection
of property of the Town of Olive and its residents.
The following words and phrases shall have the meanings set forth unless
the context of their use clearly indicates otherwise:
Any person by or for whom an application is made under this chapter.
Any benevolent, philanthropic, patriotic, military veterans, not-for-profit,
educational or religious association, society or other organization or any
other association, society or organization qualified as a tax-exempt organization
under Section 501 of the Internal Revenue Code.
Any governmental entity or organization, including, without limitation,
a school district, fire district and fire company.
A person who engages in junk dealing.
Keeping, conducting or maintaining any building, structure, yard or
place for storing, distributing or selling any junk, used or secondhand property,
goods, wares or merchandise of any kind or nature, or the parts thereof.
Selling or buying for resale any junk, used or secondhand property,
goods, wares or merchandise of any kind or nature, or the parts thereof.
The provisions of this chapter requiring permits for "junk dealing"
shall not apply to persons in the business of manufacturing or buying and
selling new or used motor vehicles, or who buy or receive secondhand motor
vehicles in the course of trade for resale, but shall apply to all such persons
who wreck or junk secondhand or used motor vehicles.
A person who engages in peddling.
Selling or offering for sale, barter or exchange any property or service,
either for immediate or future delivery or performance upon any street, road
or highway or from house to house in the town, and including, without limitation,
activities commonly known as "hawking."
Delivery or distribution of advertising matter, literature, pamphlets,
samples or handbills house to house or on any of the streets, roads or highways
or by going from place to place in the town, but not including the delivery
or distribution of newspapers, magazines or political or religious materials.
A natural person, corporation, partnership, association, joint venture,
society or other organization or association of any kind, whether acting as
principal, agent, employer or employee.
Any goods, wares, merchandise or other article or thing of every
kind or nature except newspapers.
Seeking, taking or offering contracts or orders for any property for
future sale or delivery or performance of any service upon any street, road
or highway or from house to house in the town.
Seeking or taking subscriptions or contributions of money or property,
upon any street, road or highway or from house to house in the town.
A person who engages in soliciting.
The Town of Olive.
A retail or wholesale business conducted from a temporary structure
or tent, truck, van or trailer, stand, parking lot or vacant parcel of land,
in a public right-of-way or in or on any other place in the town, but not
(1) outdoor sales of property or services accessory to a business conducted
within a permanent structure on a same premises or (2) the sale of food products
raised or produced on the same premises from a temporary or seasonal stand,
provided that the principal structure or activities otherwise comply with
the zoning and other laws of the town.
A.
No person shall engage in peddling, soliciting, junk
dealing or a transient business without first obtaining a permit or registering
or both as required by this chapter.
B.
No motor vehicle shall be used for peddling, junk dealing
or conducting a transient business unless a permit shall first have been obtained
therefor, which permit shall at all times be displayed on a conspicuous location
on the outside of the vehicle.
No permit under this chapter shall be required:
A.
By any charitable organization or its agents or employees
or veterans licensed pursuant to General Business Law § 32.
B.
By any person conducting a business or activity or performing
a service pursuant to a license issued by the State of New York.
C.
For the delivery of goods or services ordered by telephone,
mail or other method initiated by the person receiving the goods or services.
D.
By any business, service or activity licensed under any
other ordinance or law of the Town of Olive.
E.
For purchase or sale of motor vehicles or parts by any
person otherwise conducting a used vehicle or vehicle parts business from
any permanent location.
F.
By any person engaged in the business of antique dealing
from a permanent location.
G.
For lawn cutting, leaf raking and snow shoveling services
for residential property.
H.
By political parties and candidates for public office.
No charitable organization shall engage in soliciting before it files
with the Town Clerk a list of the names, addresses and dates of birth of the
persons who will conduct the activity on its behalf and a statement of the
time period during which the solicitations shall occur. The Clerk shall provide
a copy of the list to the Police Department. No person shall engage in soliciting
on behalf of a charitable organization until this information has been provided
to the Town Clerk.
No peddling, soliciting or transient business activities, whether or
not exempt from the permit requirements of this chapter, shall be conducted
before 9:00 a.m. or after the earlier of 1/2 hour after sunset or 8:00 p.m.
A.
An application for a permit under this chapter shall
contain the following:
(1)
The name, home address and local address, if any, of
the applicant.
(2)
A physical description of the applicant, giving date
of birth, height, weight and color of hair and eyes. A photograph may be required.
(3)
The name and address of the person, if any, by whom the
applicant is employed and for whom or through whom orders are to be solicited,
cleared, filled or delivered.
(4)
A description of the exact business or activity in which
the applicant intends to engage and of the nature of any property or services
involved.
(5)
A list of crimes for which the applicant has been arrested
or convicted, including the dates and places.
(6)
A statement as to the period of time during which the
applicant intends to engage in the business or activity regulated under this
chapter.
(7)
Proof that the applicant, or his or her employer or principal,
is registered for sales tax purposes, if the business or activity to be conducted
is subject to sales or use tax.
(8)
A description of any motor vehicle that will be used
for pickup or delivery of property or for the purpose of bringing any such
property into the town for peddling, soliciting or transient business purposes,
or from which a transient business will be conducted, to include the name
of manufacturer, year, type of vehicle, vehicle identification number, registration
plate number, title holder and name of the person other than the title holder
to whom the vehicle is registered, if any.
(9)
The exact location where a transient business is to be
conducted.
(10)
Further information required by the Town Clerk or the
Police Department.
B.
The application shall be signed by the applicant and
sworn to before a notary public or other officer authorized to administer
oaths.
C.
If the transient business is to be conducted from private
property, the written consent of the owner, if other than the applicant, shall
be filed with the application.
A.
The Town Clerk shall forward a copy of the application
to the Police Department. A copy of any application for a transient business
conducted on private property shall be forwarded to the Building Department.
The Police Department shall, to the extent possible, determine whether or
not the applicant has accurately reported convictions and is otherwise a person
of good moral character and reputation. The Police and Building Departments
shall report the results of their investigations of applications to the Town
Clerk within seven days of the receipt of the copy.
A.
The Town Board shall, from time to time, by resolution,
establish a schedule of fees to be paid for any permit or certificate of permit
issued pursuant to the provisions of this chapter.
B.
All fees shall be payable at the time of the issuance
of the permit and shall be paid in cash or certified funds.
A.
After receipt of reports from the Police Department and
Building Department, when required, the Town Clerk shall issue the permit
requested unless the applicant has been convicted of a felony at any time
or a misdemeanor involving moral turpitude within five years prior to the
application, and has not been granted relief from civil disabilities, or otherwise
is found not to be a person of good moral character and reputation.
B.
Solicitors', peddlers' or transient business permits
issued pursuant to this chapter automatically expire 90 days after issuance.
Each junk dealer's permit shall expire on December 31 following issuance.
C.
Permits issued under this chapter shall not be transferable.
D.
A permit issued pursuant to this chapter may be revoked
if following its issuance the Police Department determines that the applicant
was convicted for any crime not reported in the application or is otherwise
not a person of good moral character and reputation. A permit may also be
revoked for any violation of this chapter committed after its issuance.
E.
A transient business permit shall be limited to a single
location. If the location is in a public right-of-way, it must be approved
by the Police Department. If the location is not in a public right-of-way,
it must be approved by the Building Department.
The Police Department may require reports from any permit holder at
any time and at such intervals as it deems necessary for the protection of
the public health, welfare and safety.
A.
No person shall use private real property for any activity
requiring a permit under this chapter without the consent of the owner.
B.
No person engaged in soliciting or peddling shall hawk
or cry property, offers, contracts or services upon any of the streets, roads
or highways in the town, or use any loudspeaker, horn or other sound-making
device other than a bell to attract attention or announce his or her presence.
C.
No person holding a permit under this chapter shall engage
in any activity regulated hereunder unless he or she has the permit on his
or her person.
A.
The owner or occupant of a residential building may post
a notice prohibiting peddlers and solicitors. The notice shall be placed in
a conspicuous place adjacent to the entrance door of the building. The letters
of the notice shall be at least 1/2 inch in height and shall contain a statement
saying in substance that "peddlers or solicitors are prohibited." No person
shall engage in any activity regulated by this chapter by attempting to enter
a building or ringing a doorbell or knocking on an entrance door to any residence
building at which entrance such a notice has been posted.
B.
Any person engaged in an activity regulated under this
chapter, whether that person is exempt or not, who has entered upon private
property, whether invited or not, shall immediately and peacefully depart
therefrom when requested to do so by any occupant.
A.
Any person aggrieved by the action of the Town Clerk
in the denial of an application for a permit shall have the right to appeal
to the Town Board.
B.
Such appeal shall be taken by filing, within 14 days
after notice of the action complained of has been mailed to such person's
last known address, as shown on the application, a written statement setting
forth fully the grounds for the appeal.
C.
The Town Board shall set a time and place for a hearing
on such appeal, and notice of such hearing shall be mailed to the applicant
at his or her last known address at least five days prior to the date set
for the hearing.
D.
The granting, refusal, revocation or suspension of a
license or permit by the Town Board shall be subject to review pursuant to
Article 78 of the Civil Practice Law and Rules of the State of New York. Any
such Article 78 proceeding must be commenced within 30 days of the mailing
of notice of the action sought to be reviewed.
Any person who violates any provision of this chapter shall be guilty
of a violation. Each violation shall be punishable by a fine not to exceed
$250 or by imprisonment for a period not to exceed 15 days, or both.
