[Adopted 12-8-1998 by L.L. No. 41-1998]
[Amended 1-9-2007 by L.L. No. 1-2007]
A.
It is the intention of the Huntington Town Board to
protect the health, safety and welfare of the public by regulating
the placement, type, appearance and size of vending machines on public
property and public rights-of-way so as to:
(1)
Provide for pedestrian and driving safety and convenience.
(2)
Restrict unreasonable interference with the flow of
pedestrian or vehicular traffic, including ingress into or egress
from any building or from the street to the sidewalk by persons exiting
or entering parked or standing vehicles.
(3)
Provide reasonable access for the use and maintenance
of poles, posts, traffic signs or signals, hydrants, mailboxes and
access used for public transportation purposes.
(4)
Remove, relocate and/or replace vending machines which
result in a visual blight and/or excessive space allocation on public
property and rights-of-way or which unreasonably detract from surrounding
aesthetics, including adjacent properties, landscaping and other improvements,
as well as to have abandoned vending machines removed.
(5)
Treat all newspapers and news periodicals equally,
regardless of their size, content, circulation or frequency of publication.
(6)
Maintain and preserve freedom of speech.
(7)
Protect, enhance and perpetuate the integrity and
aesthetics of scenic landmarks, historic sites and streetscapes, structures
and buildings in Historic Districts.
(8)
Maintain clean, wholesome and attractive residential
communities; guard against the creation of attractive nuisances to
children and conditions which may reduce the value of property or
interfere with the use and enjoyment of adjoining properties; and
protect against conditions which interfere with the comfort and well-being
of the public-at-large.
[Amended 10-13-2004 by L.L. No. 32-2004]
As used in this Article, the following terms
shall have the meanings indicated:
All municipal buildings and the appurtenant real property,
and public rights-of-ways located within the Town of Huntington, exclusive
of the Incorporated Villages.
All public streets, roads, highways, walkways, path or sidewalks
located within the Town of Huntington, exclusive of the Incorporated
Villages.
Any type of unmanned device for the sale and/or free distribution
of materials or products including newspapers, pamphlets and periodicals.
[Amended 1-9-2007 by L.L. No. 1-2007]
No person, business, company, corporation, firm
or entity shall place or maintain upon any public property or any
public right-of-way any vending machine without first obtaining a
permit for each machine from the Department of Public Safety. The
provisions of this article shall not apply to any device utilized
by the United States Postal Service for the collection or distribution
of mail.
[Amended 1-9-2007 by L.L. No. 1-2007]
Application for a permit shall be made in writing
to the Director of Public Safety on forms provided by the Director.
All applications shall require the name and address of the applicant,
the name and address of the owner of the vending machine if different
from the applicant, and the proposed specific location of said vending
machine. All applications shall be signed by the owner of the vending
machine or the authorized agent for the owner. If the proposed location
is within a New York State right-of-way then all approvals required
by the New York State Department of Transportation, or other authorized
state agency, shall be provided with the application.
[Amended 1-9-2007 by L.L. No. 1-2007]
A.
All permits shall be valid for a period of one (1)
year from the date of issuance and shall be renewable pursuant to
the procedure set forth for original applications. The cost of a permit
or permit renewal shall be One Hundred ($100.) Dollars per machine.
B.
As an expressed condition of the acceptance of a permit,
the owner of the vending machine agrees to insure, indemnify and save
harmless the Town of Huntington, its officers and employees against
any loss or liability or damage caused to any person or property as
a result of any permit being granted.
[Amended 1-9-2007 by L.L. No. 1-2007]
A.
Notwithstanding any other provision of the Code of
the Town of Huntington, no vending machine dispensing tobacco, alcoholic
beverages or food and/or soft drinks shall be placed outdoors upon
public property or upon any public right-of-way.
B.
No vending machine shall be located or maintained
upon public property or public rights-of-ways in Historic Districts
and Residence Districts.
C.
No more than one (1) permit per applicant per location
shall be issued.
D.
No more than three (3) vending machines shall be located
or maintained at the same location.
A.
No vending machine shall exceed fifty (50) inches
in height, twenty-five (25) inches in width or twenty (20) inches
in thickness.
B.
All vending machines shall be placed parallel to and
no less than eighteen (18) inches nor more than twenty-four (24) inches
from the edge of the curb or near the wall of a building parallel
to and not more than six (6) inches from the wall.
[Amended 1-9-2007 by L.L. No. 1-2007]
C.
All vending machines shall be maintained in proper
working order at all times, shall be freshly painted and shall be
constructed in such a way that they shall not have any sharp edges
or protrusions.
D.
Vending machines shall not exhibit advertising of
any kind. Those vending machines used for newspapers and other news
periodicals may exhibit the name and logo of the newspaper or news
periodical being dispensed.
E.
All materials and products being sold or distributed
pursuant to this article shall be properly enclosed within the vending
machine.
F.
The name, address and telephone number of the party
responsible for the maintenance of the vending machine shall be displayed
on the machine in such a manner as to be readily visible and readable.
G.
No vending machine shall be placed, installed or affixed
in such manner that it endangers, impedes or interferes with pedestrian
or vehicular travel or creates a hazardous or unsafe condition.
[Amended 1-9-2007 by L.L. No. 1-2007]
H.
No vending machine shall be placed, installed, affixed,
used or maintained:
(1)
Within ten (10) feet of any marked crosswalk or street
intersection, fire hydrant, stationary municipal refuse receptacle,
emergency call box, United States postal collection box, driveway,
designated bus stop, designated bus bench or designated bus shelter.
(2)
At any location whereby the clear space for passageway
of pedestrians is reduced to less than six (6) feet.
(3)
Within five (5) feet of flowers, shrubs or trees.
(4)
Within five (5) feet of any display window of any
building abutting any sidewalk or in such a manner as to impede or
interfere with the reasonable use of such window display purpose or
within ten (10) feet of building entrance.
(5)
Within one hundred fifty (150) feet of another vending
machine dispensing the same newspaper or news periodical, except where
separated by a street corner.
(6)
Facing another vending machine, divided only by the
width of a sidewalk or pedestrian walk.
(7)
Within five (5) feet of traffic signs, street lights
or utility poles.
[Amended 10-13-2004 by L.L. No. 32-2004; 1-9-2007 by L.L. No. 1-2007]
A.
Abandonment. In the event that a vending machine remains
empty for a period of fifteen (15) consecutive days, the vending machine
shall be deemed abandoned.
(1)
The Department of Public Safety shall issue a notice
of removal to the owner directing the owner to remove the offending
machine within seven (7) days of the date on the notice. The notice
of removal shall be mailed by certified or registered mail, return
receipt requested, and by regular mail upon the last known owner of
the vending machine. The Department of Public Safety shall make a
reasonable search for the name and address of the owner by checking
the machine for identifying features or by a review of records maintained
by the Department of Public Safety for an application or permit issued
in connection with the machine. If the owner cannot be determined
after a search, notice of removal shall be posted in the official
board of the Huntington Town Clerk and posted on the vending machine
for seven (7) days.
(2)
Notice of removal. The notice of removal shall inform
the owner that if the vending machine is not removed from its location
within seven (7) days of the date on the notice, in addition to the
penalties provided in this article, the machine will be impounded
by the Department of Public Safety at the owner’s expense. Such
notice shall contain the address and telephone number of the Department
and the location of the machine in question.
(3)
If the vending machine is not removed at the expiration
of seven (7) days, it shall be deemed abandoned, and removed and impound
by the town. Impounded machines may be disposed of, transferred or
sold by the Town without further notice to the owner twenty (20) days
after they are impounded.
(4)
A redemption fee of seventy-five ($75) dollars, per
machine, and proof of ownership in the form satisfactory to the Department
of Public Safety shall be required before a machine impounded by the
town is released. Such fee shall be used to defray the costs of providing
notice to the owner, removal and storage of the machine, and any remediation
work or other expense incidental thereto.
B.
Other cause for removal.
(1)
The Department of Public Safety may cause a vending
machine to be removed from public property and public rights-of-way
at the owner’s expense, and with or without notice to the owner,
if a permit has not been issued for the vending machine.
(2)
A vending machine may be removed by the Department
at the owner’s expense without further notice if an owner, after
having been issued a notice of violation, fails or refuses to comply
with the provisions of this Article.
C.
Nothing contained in this Article shall be construed
to restrict or prohibit action by the town, with or without notice
to the owner, if, in the judgement of the town, the location, placement
or condition of a vending machine impedes or restricts pedestrian
or vehicular travel, or endangers the health, safety and/or welfare
of persons or property.
D.
Any person or business entity who resists, obstructs
or impedes agents, servants, officers and/or employees of the Town
of Huntington in the remediation or removal process shall be in violation
of this Article and subject to the fines and penalties provided herein.
[Amended 10-13-2004 by L.L. No. 32-2002; 11-6-2019 by L.L. No. 56-2019]
(A)
A person or business entity who commits or permits
any acts in violation of any provision of this article shall be deemed
to have committed an offense against this Article, and shall upon
conviction thereof, be subject to a fine of not less than one hundred
dollars ($100.) nor more than two hundred fifty dollars ($250.) or
imprisonment for up to fifteen (15) days, or by both such fine and
imprisonment. Each day or part thereof a violation continues shall
constitute a separate offense. Any person or entity found by the Bureau
of Administrative Adjudication to have violated this article shall
likewise be subject to a monetary penalty within the range of fines
authorized herein for any offense or continuing offense.
(B)
In addition to the penalty set forth above and any
other remedy available to the Town, the Town Board may maintain an
action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of this Article.
(C)
In addition to the criminal penalties set forth herein
or in other applicable law, rule or regulation. the Town Attorney
is authorized to pursue civil relief, including but not limited to,
compensatory actions or fines or other civil remedies which in the
opinion of the Town Attorney may seem necessary and proper. Such civil
relief may be sought in a court of competent jurisdiction or from
a duly appointed hearing officer whenever permitted by law.
