[HISTORY: Adopted by the Town Board of the Town of Tonawanda 7-15-1974 as Chapter 13 of the 1974 Code of the Town of Tonawanda. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 197.
No person, firm or corporation shall engage in or carry on the business
of dealing in evergreen trees, commonly known as "Christmas trees," or storing
Christmas trees intended for sale without first procuring a permit so to do.
Application shall be made in writing to the Building Commissioner upon
forms provided for that purpose.
Applicants shall state the maximum number of trees proposed to be stored
at any one time and location. Where the premises are not owned by the applicant,
the application shall be accompanied by a copy of the lease covering said
premises where said trees are intended to be stored, together with proof of
ownership by the applicant or a consent in writing to the use of said premises
for such purpose.
A.
No trees shall be stored within 50 feet of any frame
building located on adjoining property not owned by the licensee, nor shall
trees be placed upon any sidewalk.
B.
The storing of Christmas trees for sale is hereby declared
to be a fire hazard, and the time within which such trees may be stored and
the number thereof may be limited, and the issuing official of the town may
issue special regulations applicable to a special application.
[Amended 10-16-1989; 10-18-2004]
The applicant shall, at the time of filing of his application, pay a
permit fee of $100 and, in addition thereto, make a cash deposit of $125 to
ensure the removal of any trees left on the premises.
The issuing official may also deny any application.
The applicant and/or the owner of the premises upon which Christmas
trees are stored for sale shall remove all Christmas trees and other rubbish
and debris, created by or from the placing, storing and sale of said trees,
from said premises within a period of six days immediately following Christmas
Day of the year in which said trees are so stored for sale; and in the event
that the applicant or owner of said premises shall fail to remove said Christmas
trees, rubbish and debris from said premises within said period of time, the
Christmas trees remaining on said premises shall be deemed abandoned. In that
event the Town of Tonawanda, the Town Superintendent of Highways and/or employees
of the Town of Tonawanda are hereby authorized to enter upon said premises
and remove all Christmas trees, rubbish and debris and to dispose of the same;
and there shall be no liability on the part of the Town of Tonawanda to any
person, firm or corporation on account of such entry and removal of Christmas
trees, rubbish and debris. The costs of the removal of said Christmas trees,
rubbish and debris shall be a charge against and deducted from the cash deposit
made by the applicant.
The cash deposit made by the applicant shall be refunded, less any charges,
upon certification by the Town Superintendent of Highways that all trees have
been removed from the premises and that the premises have been satisfactorily
cleaned up.
No Christmas trees shall be placed upon that portion of a corner lot
which is bounded by the property lines of both streets for a distance of 15
feet from the intersection of said streets and a straight line drawn between
said points 15 feet from the intersection of said streets.
[Amended 5-21-1984 by L.L. No. 8-1984]
A.
Any violation by a person, firm or corporation of any
provision of this chapter shall be deemed a violation punishable by a fine
not to exceed $250 or by imprisonment for a period not to exceed 15 days,
or both.
B.
Any person who takes part in or assists in any violation
of this chapter shall also be subject to the penalties provided herein.
C.
Each day that a violation of this chapter
is committed or permitted to exist shall constitute a separate offense.
