§ 36-10. Restrictions., Chapter 36. Peddlers, Code of Ordinances, Brookhaven

Loudspeakers and noisemaking devices. No peddler nor any person on his behalf shall shout, cry out, blow a horn, ring a bell or use any sound-making device upon any street, avenue, alley, park or other public place within the Town or upon private property within the Town, where sound is emitted or produced therefrom, for the purpose of attracting attention to any item of any kind or description which the licensee proposes to sell.

Restricted and prohibited locations.

(1)

No person may peddle or solicit in any congested place or area when or where such activity may impede, endanger or inconvenience the public or add to the congestion of such place or area. For the purposes of this section, the judgment of any peace officer, code enforcement officer of the Town of Brookhaven or police officer, exercised in good faith, shall be deemed conclusive as to the existence of congestion and as to whether the public is impeded, endangered or inconvenienced.

(2)

In the interest of public safety and due to traffic hazards caused by stopping of motor vehicles and traffic congestion on all county roads in the Town of Brookhaven, no person shall park any vehicle, cart, wagon or trailer upon any county road in the Town of Brookhaven, including but not limited, to the following enumerated county roads, or within 25 feet of the paved portion thereof or within 200 feet from the point where any county road intersects any other road or highway, for the purpose of peddling:

(a)

Portion Road, County Road 16.

(b)

Waverly Avenue, County Road 19.

(c)

North Country Road, County Road 20.

(d)

Rocky Point - Yaphank Road, County Road 21.

(e)

South Country Road, County Road 36.

(f)

William Floyd Parkway, County Road 46.

(g)

East Moriches - Riverhead Road, County Road 51.

(h)

Eastport - Manorville Road, County Road 55.

(i)

Portion Road - Horseblock Road, County Road 16.

(j)

Middle Road, County Road 65.

(k)

Wading River Road, County Road 66.

(l)

Old Country Road, County Road 71.

(m)

Montauk Highway, County Road 80.

(n)

North Ocean Avenue, County Road 83.

(o)

Nichols Road, County Road 97.

(p)

Frowein Road, County Road 98.

(q)

Woodside Avenue, County Road 99.

(r)

Patchogue - Yaphank Road, County Road 101.

(s)

Captain Daniel Roe Highway, County Road 111.

(3)

No peddler shall occupy any part of a state highway for the purpose of peddling. For so long as the same is governed and regulated by state law, violation hereof shall be punishable in accordance with state law [Vehicle and Traffic Law §§ 1157(c) and 1800].

(4)

No peddler shall peddle at or within a one-thousand-foot radius of any municipal park, beach, marina or other Town-owned or -maintained recreation facility unless specifically licensed by the Town Board to peddle his wares by concession, lease or otherwise.

(5)

It shall be unlawful for any person to peddle within 500 feet of any property on which a church, schoolhouse or school grounds are located.

(6)

It shall be unlawful for any person to peddle from any property which is not defined as commercial property in § 36-2 of this chapter.

(7)

It shall be unlawful for any person to peddle within 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.

(8)

It shall be unlawful for any person to peddle within a radius of 1,000 feet of any other peddler, except where located on opposite sides of a divided highway.

Use of signs and displays.

(1)

It shall be lawful for peddlers to use 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. Such permitted signs shall be exempt from the provisions of the Town of Brookhaven Sign Ordinance, Brookhaven Town Code Chapter 57A. The use of movable, portable and freestanding signs by peddlers is prohibited.

(2)

No peddler shall display merchandise or goods for sale other than on his person in or on the vehicle licensed pursuant to this chapter. Displays of merchandise on the ground or on movable structures or stands outside and unattached to the peddler's vehicle are prohibited. Use of tables, seats or any freestanding counter is prohibited.

(3)

Only one awning and/or umbrella which is mounted on a vehicle licensed pursuant to this section is permitted per vehicle.

Size, placement and removal of vehicles.

[Amended 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1)

No vehicle, cart, wagon or trailer or combination thereof which exceeds 30 feet in total length shall be used by any peddler.

Stationary sales prohibited. It shall be unlawful for any person engaged in peddling to permit any vehicle owned, operated on controlled by him to stand stationary or remain stationary at any time or at any location, except while sales are actually being conducted and customers are waiting for the delivery of goods which have been purchased, except as follows:

[Amended 3-5-1996 by L.L. No. 7-1996, effective 3-8-1996; 6-12-2012 by L.L. No. 15-2012, effective 6-22-2012]

(1)

Duly licensed mobile peddlers possessing a vehicle license engaged in the sale of food and food products may remain stationary on commercial property not otherwise restricted to peddling pursuant to any section of this chapter between the hours of 5:00 a.m. and 6:00 p.m. inclusive.

No person shall enter upon residential property for the purpose of selling, hawking, vending or otherwise disposing of, in exchange for money, any goods, wares, services or merchandise of any description, including the solicitation of orders for goods or services to be delivered or performed at a future date, unless such person entered by prior invitation of an occupant of that residence. This subsection shall not apply to persons selling goods or services on behalf of a charitable organization.

[Amended 12-5-1995 by L.L. No. 24-1995, effective 12-8-1995]