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Town of Huntington, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Huntington 12-20-1994 by Ord. No. 94-CE-9.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Circulars and handbills — See Ch. 73, Art. I.
Carnivals, circuses, fairs and amusement events — See Ch. 91.
Loitering, parking and congregating — See Ch. 135.
Trespassing — See Ch. 188.
[1]
Editor's Note: This ordinance also repealed former Ch. 149, Peddlers and Solicitors, adopted 6-3-1969 as Ch. 32 of the 1969 Code, as amended.
[Amended 1-13-2004 by L.L. No. 3-2004]
A. 
It is the purpose and intent of this chapter to control and regulate the activities of peddlers and solicitors in the Town of Huntington. History has shown that there is a need for investigation and review of the past conduct of applicants in the interest of promoting public safety and morals, child welfare, economic well-being and highway safety and usage. This chapter is intended to protect the peace and security of our citizens in their homes and neighborhoods; to safeguard consumers against fraud and inferior goods; and to prevent congestion and unsafe conditions on the streets and highways of the Town. It has been made with reasonable consideration of the character of our community and with a view to preserving that character, among other considerations.
B. 
It is the intention of the Town Board to protect the legal rights of the public by insuring every applicant under this chapter receives fair and expeditious due process by providing for an administrative hearing officer to alternatively preside over license suspension and application denial hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(1)(ii)(a)(12) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over license suspension and application denial appeal hearings.
A. 
Word usage. Words used in the singular shall include the plural and vice versa. The word "shall" is always mandatory.
B. 
Definitions. The following definitions shall govern the interpretation of this chapter unless otherwise expressly defined herein.
CHARITABLE ORGANIZATION
Includes any benevolent, philanthropic, patriotic or eleemosynary persons, as defined in the applicable sections of the Executive Law, including subsequent changes or amendments thereto and/or its successor.
CONTRIBUTION
Includes food, clothing, money, subscriptions, tickets, chances, pledges, property or any donations of any of the above under the guise of a loan.
LICENSE
Due authorization, in writing, as provided herein, which permits a person to engage in the business of peddling or to employ others for said purposes or to engage in the business of soliciting or to employ others for said purposes.
OWNER
Includes a purchaser under a reserve title contract, conditional sales contract or vendor's lien agreement or a lessee who is entitled to obtain, in his own name, proper New York State registration of a vehicle.
PEDDLER
Any person traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street or any combination thereof, carrying, conveying or transporting meats, fish, fruits, vegetables, food or food products, goods, farm products, nursery products, wares or merchandise, offering and exposing the same for sale and making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale and shall make sales and deliver articles to purchasers or who, without traveling from place to place shall sell or offer the same for sale from a wagon, automotive vehicle or other vehicle or conveyance or from a stand or from a sidewalk, street or curb. A person offering rides or transportation on any portable conveyance commonly known as a "carousel," "whip," "fire engine" or other ride for amusement shall be known as a "peddler." The word "peddler" shall also include the words "hawker" and "huckster."
PERSON
Includes natural persons, corporations, partnerships, unincorporated associations or any other organizations of two or more persons.
POLITICAL ORGANIZATION
An organization composed of persons holding similar beliefs on certain public questions who strive to peacefully gain control of the government in order to put their beliefs into effect.
RELIGIOUS ORGANIZATION
Includes an incorporated church or unincorporated church, as defined in the applicable provisions of the Religious Corporations Law, including subsequent changes or amendments thereto and/or its successor.
SILLY STRING
A putty-like substance which is shot and/or propelled by use of an aerosol can and/or similar dispenser and which, when so shot/propelled, emerges from said can/dispenser in a string-like form, the same being sold under the product name of “SILLY STRING” and/or other product names.
[Added 3-4-2008 by L.L. No. 5-2008]
SOLICITOR
Any person, whether individually or as an employee or a member of a corporation, partnership or association, who travels on foot or by wagon, automotive vehicle or any other type of conveyance from house to house, place to place, street to street or any combination thereof for the purpose of selling or soliciting orders for any goods, merchandise, wares, device, book, periodical or printed matter whatsoever or for the purpose of distribution of any commercial advertising-type writing in the nature of a handbill, pamphlet, tract or notice or for the purpose of selling or distributing any ticket or chance whatsoever within the Town of Huntington without the consent of the householder or occupant of said premises previously given.
TOWN
Includes all areas within the Town of Huntington exclusive of areas wholly within any incorporated village.
A. 
It shall be unlawful for any person, whether individually or as member or employee of a corporation, partnership or association, to enter upon any private residential property in the Town of Huntington for the purpose of peddling or soliciting orders for the sale of any merchandise, food, device, book, periodical or printed matter whatsoever or for the purpose of distributing any commercial advertising matter or for the purpose of soliciting alms for his or her own benefit.
B. 
It shall be unlawful for any person not expressly prohibited under Subsection A above to engage in the business of peddling or soliciting in the Town of Huntington without first having obtained a license therefor from the Town Clerk. Licenses issued hereunder shall expire at 12:00 midnight on the 31st day of December next following the date of issuance, and renewal shall be from January 1 to 12:00 midnight of December 31 next. New fingerprints for each renewal period may be waived by the Town Clerk, unless the license has lapsed for a period of time in excess of two (2) years.
[Amended 2-10-2015 by L.L. No. 10-2015]
C. 
It shall be unlawful for any person to peddle or solicit, either directly or indirectly or by or through another person or employee, without first obtaining a valid license therefor as provided in this chapter. If peddling or soliciting is to be done by or through some other person or employee, he or she must also first obtain a valid license therefor as provided in this chapter.
D. 
Every employer who hires a person to peddle or solicit on his or her behalf shall share the same responsibility with respect to penalties hereunder in the event that the person shall peddle or solicit without having first obtained a valid license.
E. 
No license shall be issued by the Town Clerk to any minor under 16 years of age.
Applicants for a license or the renewal of a license under this chapter shall file with the Town Clerk an application in the form of a sworn affidavit, in duplicate, on a form supplied by the Town Clerk, which shall give the following information:
A. 
The name, address and telephone number of the applicant, including maiden name where applicable.
B. 
The applicant's place of residence (local address and legal address, if different) for the past five years.
C. 
The applicant's business and/or employment for the past five years, including the names and addresses thereof.
D. 
The applicant's age, height, weight, color of eyes, color of hair, place of birth and date of birth.
E. 
Three photographs of the applicant, taken not more than 60 days prior to the date of filing the application, which shall be two inches by two inches in dimension, showing the head and shoulders of the person making said application.
F. 
Whether or not the applicant has ever been convicted of a felony or a misdemeanor or a violation of any municipal ordinance (except with relation to municipal traffic and/or parking violations) and, if so, in what court, when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court.
G. 
Whether the applicant is married or single.
H. 
Whether or not the applicant has been previously licensed in any occupation and, if so, when, where and for what period and, if such previous license was ever revoked or suspended, the date of the revocation or suspension and the reason therefor.
I. 
If employed by the owner of a licensed vehicle, the name and address of such employer, together with credentials establishing the relationship.
J. 
If the applicant proposes to operate a vehicle in connection with the license, a description of the vehicle, together with a license number or other means of identification, and the applicant's license number as issued by the New York State Motor Vehicle Department.
K. 
If the applicant is a corporation or association, the name and address and title of the officer upon whom process or other legal notices may be served.
L. 
A New York State sales tax identification number for all corporations, partnerships, associations or other similar-type business entities. In the event that an individual applicant does not possess such number, the individual's social security number shall be substituted therefor.
M. 
Fingerprints.
(1) 
All applicants shall be fingerprinted through, and shall pay the cost for the services of, a New York State Division of Criminal Justice Service-approved statewide vendor-managed civil fingerprint capture system.
[Amended 2-10-2015 by L.L. No. 10-2015]
(2) 
The New York State Division of Criminal Justice Services shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Town Clerk.
(3) 
Upon its return by the New York State Division of Criminal Justice Services to the Town Clerk, if the application is approved by the Town Clerk, and upon payment of the prescribed license fee, the Town Clerk shall prepare and deliver to the applicant therefor the license required by this chapter.
(4) 
If the applicant is a corporation or partnership, a full set of fingerprints of all officers of said corporation or of all of the partners must be furnished in the same manner described hereinabove, including the appropriate fee therefor.
(5) 
Any felonies and/or misdemeanors on the applicant's record shall disqualify the applicant from obtaining a license or permit, unless after submission of a certificate of relief from disabilities as provided for in Article 23 of the Correction Law, the Town Clerk determines that issuance of a license would not endanger the health, safety and welfare of the residents of the Town of Huntington.
[Amended 2-10-2015 by L.L. No. 10-2015]
N. 
If the application involves the use of a vehicle, proof that the applicant holds a valid New York State driver's license.
O. 
Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter.
P. 
For identification purposes, a statement that the applicant is a citizen and whether citizenship was obtained by birth or naturalization; if by naturalization, the date and place where obtained; if the applicant is an alien, proof of legal entry into the United States must be submitted.
Q. 
Any change in circumstance with regard to the information provided in the application or the license shall be reported within 30 days of occurrence.
R. 
A sworn statement at the end of the application stating that all of the information given by the applicant is true and accurate to the best of his or her knowledge and belief.
A. 
The following fees shall be collected by the Town Clerk at the time applications are presented:
(1) 
For a motor vehicle: two hundred fifty (250.) dollars.
(2) 
For a pushcart or any other nonmotorized vehicle: one hundred fifty ($150.) dollars.
(3) 
For each and every person selling from a vehicle: fifty ($50.) dollars.
(4) 
For peddling and/or soliciting from house to house: fifty ($50.) dollars.
(5) 
For peddling or soliciting without a vehicle: fifty ($50.) dollars.[1]
[1]
Editor's Note: Former Subsection A(6), providing a fee for processing of fingerprints, was repealed 2-10-2015 by L.L. No. 10-2015.
B. 
Fees shall not be refunded.
[Amended 2-10-2015 by L.L. No. 10-2015]
C. 
There shall be no reduction in fees for licenses issued for a fractional part of a year.
A. 
The Town Clerk shall notify the applicant that his or her application is disapproved and no license will be issued on said application, under the following circumstances:
(1) 
If the application or subsequent search should disclose that the applicant has been convicted of a felony and/or misdemeanor and/or Town ordinance violation which, in the judgment of the Town Clerk, renders the applicant unfit or undesirable or which renders the applicant incapable of properly conducting the activity desired or if fraud, misrepresentation or false statement is contained in the application for the license.
(2) 
Upon the recommendation of the Suffolk County Department of Health that the sale of food or food products or other edibles is being conducted under unsanitary conditions or that there is a violation of law, regulation, code or ordinance cited by the Suffolk County Department of Health.
(3) 
A felony involving the use of a motor vehicle by the applicant within the last three (3) years.
(4) 
A crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(5) 
Operating a vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs.
(6) 
Leaving the scene of an accident.
(7) 
A crime against or involving children.
(8) 
The peddling of any goods or property not described in the application for a license herein or the peddling of any goods or property which are dangerous or injurious to the purchaser, especially a child.
B. 
Any applicant who has been convicted of a crime described hereinabove and who has received a certificate of relief from civil disabilities regarding said conviction, issued by a court of competent jurisdiction, will not be denied or refused a license herein by the Town Clerk based on said conviction, based on a review and determination by the Town Clerk that said certificate would relieve that applicant from the disability of license refusal and that the crime would not endanger the health, safety and welfare of the residents of the Town of Huntington.
C. 
Whenever the Town Clerk makes a determination to deny an application pursuant to the criteria set forth in this chapter, an opportunity to appear before the Town Board or a duly appointed hearing officer shall be scheduled in accordance with this chapter. Any applicant who has been denied or refused a license by the Town Clerk may make an application to appeal same, accompanied by an administrative fee of one hundred ($100) dollars.
[Amended 1-13-2004 by L.L. No. 3-2004; 3-23-2004 by L.L. No. 9-2004]
D. 
The Town Clerk shall keep a record of all licenses issued, denied and/or revoked and shall forward such information, in writing, to the Suffolk County Police Department, and such record is to be updated on a weekly basis.
E. 
Administrative hearing officer. The Town Board may appoint an administrative hearing officer to conduct an appeal hearing on the denial, suspension or revocation of the license. The hearing officer shall submit his/her written findings and recommendations to the Town Board.
[Added 1-13-2004 by L.L. No. 3-2004]
A. 
For each vehicle licensed under this chapter, the Town Clerk shall issue a decal or other suitable identification device, which shall bear the word "peddler" or "solicitor" as applicable, the number of the license and the calendar year for which such license is issued. Said decal or identification device shall be attached to the rear of the vehicle for which it is issued in a conspicuous place and shall be kept clear and readable at all times.
B. 
Every peddler or solicitor licensed under this chapter shall keep his or her license in his or her immediate possession at all times when peddling or soliciting and shall display the same upon demand made by any person.
It shall be unlawful for any person to transfer or assign any license or license identification device issued under the provisions of this chapter to any other person or from one vehicle to another vehicle.
A. 
If the application is for a business which involves the use of scales or measures, the Town Clerk shall not issue any license until such time as there has been filed with the Office of the Town Clerk a certificate issued by the Suffolk County Sealer of Weights and Measures that the applicant's scales or measures have been tested and/or sealed.
B. 
If the application is for a license to handle food in any form, the Town Clerk shall not issue the license unless and until the applicant exhibits to the Town Clerk a Suffolk County health certificate, permit or license as evidence of compliance with the applicable provisions of the Suffolk County Public Health Law and/or its successor. A copy of the same shall be attached to the application by the applicant.
C. 
If the application is for a business involving the use of vehicles, all operators of said vehicles shall be required to take such safety-training course and meet such other requirements as may be prescribed, from time to time, by the County of Suffolk for operators of peddling vehicles. A true copy of the certification issued by the County of Suffolk evidencing that the applicant has successfully completed the safety-training course and met all other County requirements shall be filed with the Huntington Town Clerk within one (1) year from the date of issuance of a license under this article. Failure to file such certification shall be deemed a violation of this article and shall be grounds for a denial of an application to renew the license.
[Amended 5-22-2007 by L.L.No. 23-2007]
The following activities by any person, corporation, partnership, association, peddler or solicitor shall be unlawful and are therefore prohibited:
A. 
To enter or remain upon private property for the purpose of peddling or soliciting before the hour of 9:00 a.m. of any day or one-half (1/2) hour before the sunset of any day or after the hour of 7:00 p.m. of any day, whichever is earlier, except upon the invitation of the householder or occupant.
B. 
In order to conduct his or her trade, to ring a bell or knock upon the door or enter any building whereon there is painted or otherwise affixed or displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," "No Agents" or other wording which purports to prohibit peddling or soliciting on the premises.
[Amended 5-22-2007 by L.L. No. 23-2007]
C. 
To peddle, vend or sell his or her goods or wares or to solicit within 200 feet of any church or place of worship or any place occupied exclusively as a public or private school or for school purposes, or permit his or her cart, wagon or vehicle to stand on any public highway within such distance of said school, church or place of worship property, including those exempt by § 149-12 of this chapter.
D. 
To set up a table, box, stand, bag, container or any other device upon any public sidewalk for the purpose of peddling or soliciting.
E. 
To peddle within a radius of 1,500 feet of any public market or store engaged in the business of selling the same or similar goods, wares and merchandise offered by said peddler.
F. 
To sell, vend or offer for sale any wares, foodstuffs or merchandise upon the grounds or in and about the facilities of any public bathing beach or recreation center or park, except in such case and instance where the Town Board of the Town of Huntington has granted a concession therefor.
G. 
To offer for sale any unwholesome, tainted, deleterious or diseased provisions or merchandise.
H. 
To fail to keep the vehicles and receptacles used by him or her in a clean and sanitary condition and the foodstuffs and edibles offered for sale well covered and protected from dirt, dust and insects.
I. 
To use loudspeakers and noisemaking devices. No peddler, nor any person on his or her behalf, shall shout, cry out, blow a horn or use any sound-making device upon any street, avenue, alley, park or other public place within the Town for the purpose of attracting attention to any item of any kind or description which he or she proposes to sell.
J. 
To use signs and/or displays, except as follows:
(1) 
Signs which are painted on or attached to a peddler's vehicle, provided that the same do not exceed the dimensions of the vehicle on which they are placed, are permitted. Use of movable, portable and freestanding signs is prohibited.
(2) 
Only one awning or umbrella per vehicle, which is mounted on the vehicle licensed pursuant to this section, is permitted.
(3) 
Every peddling vehicle licensed pursuant to this chapter shall be equipped in the front and rear with a sign inscribed with the legend "caution watch out for children."
K. 
To enter upon or engage in the business of selling, hawking, peddling or vending any property, article, product, goods or thing from any boat or vessel on the waterways of the Town of Huntington without first having obtained permission of the Town Board pursuant to Chapter 120 of the Code of the Town of Huntington.
L. 
To peddle or solicit in a congested area or in a manner which impedes the public. For the purposes of this section, the judgment of any police officer or enforcement or peace officer of the Town of Huntington, exercised in good faith, shall be deemed conclusive as to whether an area is congested or the public is impeded by the activities of a peddler or solicitor.
M. 
Silly String or Similar Substances: To peddle, provide or sell Silly String or similar gaseous, liquid or semi-liquid product or substance within one thousand five hundred (1,500) feet of parades, public assemblages, fairs and expositions taking place within the Town of Huntington.
[Added 3-4-2008 by L.L. No. 5-2008]
A. 
No peddler or solicitor shall have the exclusive right to any location on any street or on any public property.
B. 
No peddler or solicitor shall occupy any part of a state highway for the purpose of peddling for so long as the same is governed and regulated by New York State Vehicle and Traffic Law §§ 1157(c) and 1800.
C. 
No peddler or solicitor, including those otherwise exempt from this chapter, shall permit any cart, wagon or vehicle owned, operated or under his or her control to stand or remain stationary for the purpose of soliciting or selling or offering for sale therefrom, or from any bag or container, any goods, wares or merchandise of any kind upon or within the lines of the following prohibited streets and service roads thereof or within a distance of two hundred fifty (250) feet of any intersecting prohibited street:
Name of Street
Bagatelle Road
Broadway, Greenlawn
Broadway, Huntington Station
Candlewood Path
East and West Carver Streets
Commack Road
Deer Park Road
East Deer Park Road
East Shore Road
Elm Street
Elwood Road
Fairview Street
Greenlawn Road, Greenlawn
High Street
Huntington - Greenlawn Road
Larkfield Road, East Northport
Laurel Road, East Northport
Long Island Expressway service roads, both north and south sides
Main Street, Huntington
Mill Dam Road
Nassau Road
New Street
New York Avenue
Northern State Parkway service road, both north and south sides
Oakwood Road
Old Country Road, between Jericho Turnpike and New York Avenue
Park Avenue
Pidgeon Hill Road
[Added 9-10-1997 by L.L. No. 18-1997]
Pinelawn Road, Melville
Prime Avenue
Pulaski Road
Round Swamp Road
Sabbath Day Path
Soundview Avenue
Spring Road
State Highway Route No. 25, Jericho Turnpike
State Highway Route No. 25A, North Shore Road
State Highway Route No. 110
Vanderbilt Parkway
Wall Street
West Hills Road
West Neck Road
West Shore Road, Centerport
West Shore Road, Huntington
Wolf Hill Road
Woodbury Road[1]
[1]
Editor's Note: Former Subsection D, which immediately followed this subsection and dealt with intersections where the restrictions above do not apply, was repealed 12-17-1996 by Ord. No. 96-CE-8.
A. 
The following shall be subject to all provisions of this chapter, except each shall be exempt from the fingerprinting requirements contained in § 149-4M and from the licensing fee provisions contained in this chapter:
(1) 
Charitable or religious organizations, in accordance with the relevant provisions of the United States Internal Revenue Code and/or the New York State Tax Law.
(2) 
Political organizations.
(3) 
Honorably discharged veterans of the Armed Forces of the United States who have obtained a peddler's exemption certificate from the Suffolk County Clerk to hawk, peddle or vend, pursuant to law. Where a duly licensed veteran uses a vehicle in his or her trade, one such vehicle, registered in his or her name, shall be exempt. No exemption shall apply with respect to any additional vehicle license fee provided in this chapter.
(4) 
The exemptions provided hereinabove shall not be construed as an exemption from any state law which regulates the activities enumerated in this section.
B. 
The following shall be exempt from all provisions of this chapter except those established in § 149-10A through L and § 149-11A through D:
(1) 
Persons maintaining a regular delivery route within the town.
(2) 
A person or persons licensed by the State of New York to conduct a specific business or businesses to which the provisions of this chapter would otherwise be applicable.
(3) 
A commercial salesman or deliveryman calling exclusively on wholesale or retail establishments or other business firms within the town.
C. 
No provisions of this chapter shall apply to the following:
(1) 
Peddling of farm products by farmers and persons who produce such commodities, provided that the products are grown upon land in the Town of Huntington owned or leased by such persons.
(2) 
Peddling, without the use of anything but a hand-driven vehicle, by an honorably discharged member of the Armed Forces of the United States who is physically disabled as a result of injuries received while in the service of said Armed Forces and who is the holder of a peddler's license obtained from the County of Suffolk in the State of New York.
[Amended 1-13-2004 by L.L. No. 3-2004]
A. 
Any license issued pursuant to the provisions of this chapter may be temporarily suspended by the Town Clerk, upon written notice to the licensee, and revoked, after a hearing for any of the following causes:
(1) 
Fraud, misrepresentation or false statements contained in the application for license.
(2) 
Fraud, misrepresentation or false statements made in the course of carrying on the business of peddling or soliciting.
(3) 
Any violation of this chapter.
(4) 
Conviction of any crime or misdemeanor which, in the judgment of the Town Board, renders the applicant unfit or undesirable.
(5) 
Conducting the business of peddling or soliciting in an unlawful manner or in such a way as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of hearing for revocation of a license shall be given, in writing, setting forth the grounds of the complaint and the place of such hearing. Such notice shall be mailed postage prepaid certified mail, return receipt requested, to the licensee at the address stated on the application, at least five (5) days prior to the date set for the hearing. The hearings shall be held as follows:
(1) 
All hearings contemplated under this chapter shall be administered by the Town Board or a duly appointed hearing officer.
(2) 
All hearings shall be recorded.
(3) 
Where the Town Board administers the public hearing, a determination based on the facts and evidence presented must be made declaring:
(a) 
Reversal. The Town Board may reverse the suspension and reinstate said license, certificate or permit. The Town Board may reverse the denial of the application and allow said application to proceed pursuant to the provisions of this chapter: or
(b) 
Affirmation. The Town Board may affirm the suspension of the license, certificate or permit. The Town Board may affirm the denial of the permit application.
(4) 
The hearing officer must file his/her written findings and recommendations with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or deny the recommendations of the hearing officer in whole or in part, and render its decision as in § 149-13B(3) herein.
(5) 
The hearing officer shall send his/her written finding and recommendations to the applicant by regular or certified mail no later than thirty (30) days from the close of the hearing. The applicant may file written exceptions to the findings and recommendations of the hearing officer. The written exceptions shall be filed with the Town Board at least five (5) days prior to a scheduled Town Board meeting.
C. 
The decision of the Town Board is final and shall be mailed to the applicant and shall be filed with the Huntington Town Clerk.
Any peddler offering rides or transportation on any portable conveyance more commonly known as a "carousel," "whip," "fire engine" or other ride for amusement shall be required to furnish public liability insurance in the minimum amount of one million ($1,000,000.) dollars for injuries, including wrongful death to any person, and two million ($2,000,000.) dollars to cover any accident involving more than one person, and property damage insurance in an amount of not less than one hundred thousand ($100,000.) dollars involving property damage for any one (1) accident. A certificate of insurance, issued by an insurance company within the State of New York, which names the Town of Huntington as an additional insured, shall be filed with the Town Clerk at the time of the issuance of the permit.
Every applicant not a resident of the Town of Huntington, or who being a resident of the Town of Huntington represents a firm whose principal place of business is located outside the State of New York, shall file with the Town Clerk a surety bond, running to the Town in the amount of one thousand ($1,000.) dollars. Action on such bond may be brought in the name of the Town to the use or benefit of the aggrieved person.
Nothing herein contained shall be construed to infringe upon or impair the provisions of the Building and/or Zoning Ordinances of the Town of Huntington relating to permitted uses in each of the zoning districts.
[Amended 11-6-2019 by L.L. No. 56-2019]
Any person violating this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not less than one hundred ($100) dollars and not more than five hundred ($500.) dollars or by imprisonment not exceeding fifteen (15) days, or by both fine and imprisonment, in the discretion of the court. Any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty within the range of fines authorized herein.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part.