LL 08 Amend Transient Merchant Law • Local, Low Filing NEW PORK STATE DEPARTMENT OF S
TAT
162 WASHINGTON AVENUE, ALBANY, NY 1223E
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics,or underlining to indicate new matter.
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Town of ..................... QUEENSBIIR.Y......................................:................................
WNW
Local Law No. Q........................... of the .year 19 .35..
A local lace ..TO...AMEND...T.HE-CODE..O.E....THE...T.QkIN..(JF....QUE.EN.saLIR,y,.¢Y,.•AMEhQI(�t2... H/ FNE 160. THEREOF
ENTITLED, "PEDDLER/SOLICITORS, TRANSIENT MERCHANTS/TRANSIENT MERCHANT MARKETS"
Be it enacted by the ..................WEENsal1RY....TOWN-.80Af30..............................................
(Name of Legislative Body) ••••••••••of the
)Pm ty
>�kky
Townof ................QUEENSBUR.Y.............................................................................
.............................as follows:
MHUe
SECTION 1 . The Code of the Town of Queensbury, Chapter 160,
§160 . 5 thereof, is hereby amended by adding a new paragraph
lettered "A" and relettering the subsequent paragraphs in the
section, to read as follows:
§160.5 GENERAL REQUIREMENTS - All activities which meet
definition of Solicitors/Peddlers and Transient Merchant/Transient
Merchant Market shall comply with the following requirements :
A. DETERMINATION - It shall be the responsibility of the
Zoning Administrator to determine if and what type of license is
required under- this local law.
B. LICENSE - All activities as defined in §160 .4
Definitions, except those listed in §160 . 5 shall be subject to
issuance of a license by the Town Clerk. The conditions for
obtaining a license are set forth:
§160 .7 License Requirements - Solicitor/Peddler
§160 . 8 License Requirements - Transient Merchant/Transient
Merchant Market.
C. LOCATION - All activities as defined in §160 . 8 Transient
Merchant/Transient Merchant Markets shall comply with the Town of
Queensbury Zoning requirements for use, area and parking.
D. TIME - All activities as defined in §160 . 3 Definitions
shall be limited in duration by the requirements set forth:
§160 . 7 License Requirements for Peddlers/Solicitors
§160 . 8 License Requirements for Transient Merchant/
Transient Merchant Market.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS•239 (Rev. 7/90)
(l)
E. FEE - All activities as defined in 5160 . 4 Definitions
shall be subject to payment of a license fee as set forth:
5160 . 7 License Requirements - Peddlers/Solicitors
5160 . 8 License Requirements - Transient Merchant/Transient
Merchant Market.
SECTION 2 . The Code of the Town of Queensbury, Chapter 160,
5160. 6 thereof, entitled, "General Exemptions" is amended by adding
a new paragraph "H" as follows :
5160-6 GENERAL EXEMPTIONS - The provisions of this Local Law
shall not apply to:
A) any sales conducted pursuant to statute or by order
of any court;
B) the PEDDLING of meats, fish, fowl, fruit,
vegetables, flowers, shrubs and trees by a gardener
or farmer or his employees where the products so
sold or offered for sale are the produce of this
vendor's farm, garden or orchard;
C) sales by dealers in milk, baked goods, heating
fuel, dry cleaning/laundry and daily newspapers;
D) sales by any person soliciting at the express
invitation of the person solicited or soliciting to
established customers;
E) sales by any school group, veterans, fraternal or
charitable organization, volunteer firemen' s
association, religious, civic or service group or
other non-profit organization or association that
maintains a chapter or place for the regular
conduct of business or meetings within the County
of Warren;
F) to any veteran who has procured a license from the
State of New York pursuant to S32 of the General
Business Law;
G) to garage sale.
H) any sales conducted by the owner of an established
business from the site of said business . This is
not intended to provide exemption to requirements
as set forth in Chapter 179 Zoning.
2
SECTION 3 . The Code of the Town of Queensbury, Chapter 160,
§160-14 thereof, entitled, "Penalties for Offenses, " shall be
amended to read as follows :
§160-14 . Enforcement and Penalties for Offenses .
A. Each violation of this Chapter or of any regulation,
order, or rule promulgated thereunder shall be punishable
by a fine not exceeding one thousand dollars ($1,000. 00)
for each offense. Each day a violation continues shall
be a separate offense.
B. In case any transient merchant shall erect, construct or
maintain a transient merchant business or use any
building, structure or land or sites in violation of this
local law or other permit or approval issued or made
hereunder, the Code Compliance Officer or other proper
local authorities of the town may, in addition to seeking
other remedies, penalties and/or fines, institute any
appropriate actions or proceedings to 1) prevent such
unlawful erection, construction, maintenance, use of any
building, structure, land or site, 2 ) restrain, correct
or abate such violation, 3) prevent the occupancy of said
building, structure, land or site, and/or 4) prevent any
illegal act, conduct, business or use in or about such
premises .
SECTION 4 . This Local Law shall take effect immediately upon
filing thereof in the Office of the Secretary of State.
3
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r—S."PIA [lint applies to the filing of this local law and
strike out that which is not applicable.)
1. (Finatl adoption by local legislative body only.)
I hereby-certify that the local law annexed hereto, designated as local law No. 8 of 19 95
of the (QbU4itt)Sr)((M%)(Town)(Il(I M1M of (JIIEENSBURY was duly passed by the
on R.1 19 95, in accordance with the applicable provisions of law.
t,me o •ttv eQte e y
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 , and was (approved)(not disapproved)(repassed after
(Name of Legislative o y
disapproval) by the and was deemed duly adopted on 19
echw �e Executive wer
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19 and was (approved)(not disapproved)(repassed after
(Name of Legislative Body
disapproval) by'the on 19r Such local law was
Elective Chief Executive Officer
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19l, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
on 19_ , and was (approved)(not disapproved)(repassed after
(Name of Legislative Body)
disapproval) by the on 19, Such local law was subject to
lective Chief xeeutive officer
permissive referendum and no valid petition requesting such referendum was filed as of 19_,
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a
county-wide basis or, If there be none, the chairman of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer Is vested with the power to approve or veto local
laws or ordinances.
(4)
S. ,(City lftcal law concerning Charter revision proposed by petition.)
1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19........
of the City of ................................ having been submitted to referendum pursuant to the
provisions of 137 of the Municipal Home Rule Law, and having received the affirmative vote of a
majority of the qualified elcclo:s of such city voting thereon at the special general election held on ............
............19.........became operative.
6. (County local law concerning adoption of Charter.)
1 hereby certify that the local law annexed hereto,designated as local law No. ........ of 19.........
of the County-of ......................State of New York,having been submitted to the Electors at the
General Election of November ............. 19.......pursuant to subdivisions S and 7 of section 33 of the
Municipal 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 certifica-
tion.)
1 further certify that 1 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....I.......above.
Clerk of she County legislative body,CXV,Town orMi4kicris or
officer designated by local legislative body
Date: 6/6/95
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel,Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.......WARREN
1, the undersigned, hereby certify that the foregoing local law contai reef text and that all
proper proceedings have been had or taken for the enactmen a local a nnexed here
....... ... .. gnaturc ..................
.........TOWN.ATTDBMEY..........................
Tide
9*WY
Date: 6/6/95 RKX of .:..QUEENSBURY................
Town
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(5)
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The following material has been tec'hA' C"' `
and -vl' 1 1 he pi-oce,,sed fou inclusion in
"our Code i--,s suppleuier)t,- 1 pages (wfi*)-,-{^ ''/ l�u•i4"r� ;
appal icable)
;,Ocal 1_a�c No. S-9�
Town of f QueenshurN
C/O Clerk's office
5;1 RaS' Road
Queensburt'. N)' 1 2)04
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