[HISTORY: Adopted by the Suffolk County Legislature 5-13-1975 by L.L. No.
8-1975 (Ch. 475 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of certain local laws amending
these provisions are included at the end of this chapter.]
A.
It has come to the attention of the members of this Legislature that
there have been numerous instances where citizens of the County of
Suffolk, especially young children, have been killed or seriously
injured while going to and returning from street-vending vehicles
which stop on the roadways, or the shoulders of the roadways, for
the purpose of selling food items to the public from these vehicles.
It is further noted that these street-vending vehicles use various
loudspeakers, bells and other devices of an audible nature, as well
as colored lights, to attract the public, especially young children,
to these vehicles as they travel the roadways within the County.
B.
It is the consensus of the members of this Legislature that the state
and local legislation which now exists to regulate and control such
vehicles is insufficient to prevent such injury and death. Requests
for amendments to the State Vehicle and Traffic Law in regard to necessary
safety devices and procedures have failed to produce any such needed
legislation.
[Amended 12-21-2004 by L.L. No. 4-2005]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person who does not drive a street-vending vehicle but
directly aids and assists in the operation of the street-vending vehicle.
Any individual, corporation, partnership, association or
any other business entity.
Any public road, street or highway.
Any vehicle which is used to sell or give a commodity or
provide a service which tends to attract children and travels or is
capable of traveling the various roadways within the County, making
frequent, intermittent and unscheduled stops on the roadways or shoulders
of the roadways, in order to sell or give these commodities or provide
these services.
[Amended 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No.
13-1981; 8-11-1981 by L.L. No. 33-1981; 2-9-1999 by L.L. No.
6-1999; 6-29-1999 by L.L. No. 20-1999]
In addition to the other equipment required by law, every street-vending
vehicle operating in Suffolk County shall be equipped with:
A.
A swing arm that can be extended horizontally from the left side of the vehicle duplicating the design, size and specifications described in Subsection D. This arm shall be red and white in color and shall contain two simultaneously flashing red lights on the front and two simultaneously flashing red lights on the rear.
B.
Convex mirrors mounted on the front and rear of the vehicle so that
the driver, in his normal seated position, can see the area in front
of the truck obscured by the hood and an area in the rear extending
across the truck and four feet to the rear of the bumper. Limited-use
motorcycle vending vehicles are exempt from this provision.
C.
Signal lamps mounted at the same level and as high and as widely
spaced laterally as practicable. These lamps shall be five inches
to seven inches in diameter and shall display two simultaneously flashing
red lights to the front and two simultaneously flashing red lights
to the rear, both of which are visible at 500 feet in normal sunlight
upon a straight, level highway.
D.
The swing arm required in Subsection A shall be as follows: an arm made of any material approved by the Commissioner of the Suffolk County Department of Public Works. That part of the swing arm that is attached to the vehicle itself shall be 7 3/16 inches in height and, when extended outward and to the side of the vehicle, shall extend to a length of 18 inches and flared to a height of 18 inches. Located at the upper and lower corners of the eighteen-inch side will be flashing red lights visible from the front and red lights visible from the rear. These lights shall be four inches in diameter and shall flash simultaneously. The background of the sign shall be painted red and shall be reflective. The lettering shall be painted white. In the middle, in letters five inches in height, shall be painted the word "STOP," and just above the word "STOP" shall be printed in two-inch letters the words "IF SAFE," and just below the word "STOP" shall be printed in two-inch letters the words "THEN GO." The sign shall be lettered and painted on both sides so that it will be visible from both the front and rear. The bottom of said sign shall be at a height of not less than 42 inches above the level of the streets, except for limited-use motorcycle vending vehicles, where the height to the bottom of said sign shall be not less than 25 inches.
[Added 12-20-2005 by L.L. No. 7-2006]
All motor vehicles approaching a stopped street-vending vehicle,
which has activated the swing arm described in Subsection D, shall
stop and observe for pedestrians before proceeding past the street-vending
vehicle. The failure by an operator of a motor vehicle to stop before
proceeding past a street-vending vehicle shall be a violation of this
chapter.
A.
It shall be a violation of this chapter for the driver of a street-vending vehicle to stop on the highway for the purpose of selling or offering for sale his commodity or service without activating the special flashing lights and extending the swing arm required and described in § 826-3.
B.
The special lights and swing arm shall not be used when the vending
vehicle is in motion, nor at any time when the vehicle is stopped
for a purpose other than vending.
[Amended 12-21-2004 by L.L. No. 4-2005]
A.
A person shall not operate a street-vending vehicle on roadways where
the speed limit exceeds 30 miles per hour.
B.
A person shall vend only when the street-vending vehicle is lawfully
parked.
C.
A person shall vend only from the side or rear of the street-vending
vehicle, away from moving traffic and as near as possible to the curb
or edge of the roadway.
D.
A person shall not vend to a person standing in a roadway.
E.
A person shall not operate a street-vending vehicle or aid in the operation thereof unless certified to do so in accordance with § 826-8 of this chapter.
F.
The driver
of a street-vending vehicle shall not back the vehicle to make or
attempt a sale.
[Amended 5-27-1975 by L.L. No. 9-1975; 5-11-1976 by L.L. No. 9-1976; 12-21-2004 by L.L. No. 4-2005]
A.
The driver of a street-vending vehicle shall not permit any person,
other than a helper directly aiding the driver in the sale or distribution
of the product or service, to ride on or in the vehicle.
[Amended 5-27-1975 by L.L. No. 9-1975; 5-11-1976 by L.L. No. 9-1976; 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No. 13-1981; 12-21-2004 by L.L. No. 4-2005]
A.
All drivers of street-vending vehicles in Suffolk County and helpers,
as defined in this chapter, shall be required to be certified annually
by the Commissioner of the Suffolk County Department of Public Works.
B.
Requirements for driver certification.
(1)
The driver shall be no less than 17 years of age.
(2)
The driver shall have an acceptable driving record over the past
18 months. If the license has been in effect for a lesser period,
then it shall be for the total period of license possession, but in
no event less than one year.
(3)
Safety training course.
(a)
The driver shall be required to take a safety training course
and to pass a written examination given under the supervision of the
Commissioner of the Suffolk County Department of Public Works.
(b)
Course attendees who fail to pass the written examination may
request a reexamination. Failure to pass this reexamination will require
the filing of a new application for certification.
(4)
Character requirements.
[Amended 12-20-2005 by L.L. No. 7-2006]
(a)
The applicant shall be of good moral character. A three-member
panel shall make this determination. The panel shall consist of the
Commissioner of Public Works, or his or her designee, the Commissioner
of the Police Department, or his or her designee, and the Commissioner
of the Department of Probation, or his or her designee. In determining
the applicant's fitness under this subsection, the panel may
consider prior convictions of crimes which might serve to render the
applicant unsuitable or undesirable for vending, particularly to children.
Convictions for crimes of violence, the criminal possession or sale
of controlled substances and sex offenses, particularly those involving
minors, are examples of those offenses which may be considered in
making a determination of the applicant's fitness under this
section.
(b)
The conviction of an applicant of a crime involving a sex offense
against or involving a minor, the sale of a controlled substance to
a minor or violence against a minor shall disqualify an applicant
from certification under this section unless the applicant has been
granted a certificate of relief from disabilities, a certificate of
good conduct, or a similar certificate from a jurisdiction outside
the State of New York. Such certificate shall be issued by the court
having jurisdiction over the conviction and shall specifically indicate
that the authority granting such certificate has considered the bearing,
if any, the criminal offense for which the person was convicted will
have on the applicant's certification as a driver of a street-vending
vehicle. The panel may, on the basis of such a certificate, recommend
certification of an applicant, notwithstanding the aforementioned
criminal convictions.
(c)
The Department of Public Works is hereby authorized to require
fingerprints from applicants for certification. The Department shall
forward all fingerprint cards to the New York State Division of Criminal
Justice Services (DCJS), together with any required fees, for a criminal
history check. The criminal history records sent by DCJS shall be
submitted to the panel for review and consideration.
E.
A fee covering the administrative and operational costs of certification
shall be established by the Commissioner of the Suffolk County Department
of Public Works and charged each person who applies for certification.
F.
Drivers and helpers shall display the certification issued to them
by the Department of Public Works in a location on or within their
street-vending vehicle so that it is readily observable by members
of the public who approach the vehicle.
[Added 12-20-2005 by L.L. No. 7-2006]
[Amended 12-21-2004 by L.L. No. 4-2005[1]]
Any person found to be in violation of the provisions of this
chapter shall be deemed guilty of a violation and shall be subject
to punishment by a fine not to exceed $500 or by a period of incarceration
in the Suffolk County Correctional Facility not to exceed 15 days,
or both, for each offense.
[Amended 11-25-1980 by L.L. No. 30-1980; 3-10-1981 by L.L. No.
13-1981]
The Commissioner of the Suffolk County Department of Public
Works may, from time to time, formulate regulations as he may deem
necessary to carry out the purposes of this chapter. Such regulations,
however, shall not become effective until approved by the County Legislature.
