[HISTORY: Adopted by the Town Board of the Town of Stony Point as
indicated in article histories. Amendments noted where applicable.]
[Adopted 11-9-1988 by L.L.
No. 3-1988]
The intent of this article is to establish regulations and procedures
for the outdoor sale of Christmas trees and related holiday decorations in
the Town of Stony Point.
[Amended 9-13-1994 by L.L.
No. 5-1994]
A.
It shall be a violation of this article for any person
to store or sell Christmas trees and related holiday decorations in the Town
of Stony Point without having a license therefor.
B.
It shall be a violation of this article for any owner
to allow his property to be used for the storage and or sale of Christmas
trees and related holiday decorations by any person or persons who do not
have a license therefor.
A.
All applications for a license that allows the outdoor
storage and sale of Christmas trees and related holiday decorations shall
be made to the Town Clerk on a form prescribed by that office.
B.
The application shall be accompanied by a plan approved
by the Building Inspector, drawn to scale, showing the general location of
the lot where such storage and sales are to take place and trees and other
items for sale and also showing provisions for site access and parking, together
with the written consent of the owner of the lot.
C.
Within 10 days after the application has been fully submitted,
the Town Clerk shall approve, with conditions, said application and issue
a temporary license; or disapprove the application. If the application is
disapproved, the Town Clerk shall state his reasons for disapproval in writing.
[Amended 9-13-1994 by L.L.
No. 5-1994]
A.
The application shall be accompanied by a nonrefundable
processing fee and a site restoration deposit in an amount set forth from
time to time by resolution of the Town Board.[1] The site restoration fee shall be refunded in full within one
week after termination of the license if the lot on which the trees were sold
has been cleaned and restored to a condition that existed prior to the temporary
sale, as determined by the Building Inspector, or refunded in full if the
application is disapproved.
B.
The processing fee and/or site restoration deposit described
above may be waived by the Town Board upon such request by any duly authorized
representative of any recognized war veterans association, police or fire
agency or other religious or charitable organization if such sales will be
for the benefit of the requesting group or association.
A.
The Town Clerk shall approve an application and issue
a license if the lot is suitable for the sale in terms of vehicular access,
parking and pedestrian safety. For built-up lots, the Building Inspector shall
also make certain that other uses on the lot will permit vehicular access
and parking, if such sales are also permitted on the lot.
B.
The license may be revoked at any time if the licensee
deviates from the plan as submitted and/or if the sale is deemed to create
a public health or safety hazard. If the license is revoked, all sales shall
be terminated immediately and shall not be permitted until the licensee complies
with the plan and the Building Inspector is satisfied that all safety and
health hazards are eliminated.
All licenses shall commence on November 15 and shall terminate on December
30.
Any person committing an offense against any provision of this article
shall be guilty of a violation and shall be punished by a fine up to $250
and/or up to 15 days in jail.
This article shall not apply to garden shops or nurseries which are
open for business during the other parts of the year.
