[HISTORY: Adopted by the Common Council of the City of North
Tonawanda 8-18-1908. Amendments noted where applicable.]
The portion of the City of North Tonawanda described as follows,
to wit: all that tract or parcel of laud situate in the City of North
Tonawanda, County of Niagara and State of New York, known and distinguished
as part of Lot No. 79 of the Niagara River Reservation and bounded
as follows: beginning at a point in the northerly line of Robinson
Street 113 feet distant from where the easterly line of Payne Avenue
intersects the northerly line of Robinson Street; thence easterly
200 feet along Robinson Street to the westerly line of Bryant Street;
thence along Bryant Street 208 feet to the southerly line of a street
to be named Market Street; thence westerly along Market Street 200
feet to an alley; thence along said alley 208 feet to the place of
beginning, containing 10 forty-foot lots, according to a map made
by Barrally and Snow, surveyors; is hereby declared to be and is established
as a public market of the City of North Tonawanda, and shall be known
as the North Tonawanda Public Market.
There shall be a Market Clerk, who shall have charge of such
market and whose duty it shall be to have the general custody and
control over such market, subject to the provisions hereinafter contained
and subject to the supervision and direction of the Common Council.
It shall be his duty to see that such market is kept in a clean, wholesome
and sanitary condition. Every person occupying any space, stand or
stall on such market shall keep the same in a clean, sanitary condition,
and no person shall throw or deposit on such market any decayed or
refuse matter or substance of any kind.
It shall be the duty of the Market Clerk to report to the City
Clerk any violation of the ordinances relative to the sale of unwholesome
or forbidden articles, and also the violation of any of the ordinances
relating to the dealing and hawking of such articles as are subject
to regulation by such ordinances. He may rent the stalls in the building
on such Public Market at the price fixed and determined by the Common
Council and allow the persons to whom same are rented to occupy the
same during the time for which they are rented, provided they comply
with these ordinances and with all regulations of the Common Council
or other body having jurisdiction to make ordinances and regulations
relating to said Public Market. He shall allow each person who shall
have paid the fee therefor to occupy space upon such market grounds
for his or her wagon, sleigh or other vehicle to stand, and until
the fee for such space shall have been established by the Common Council,
he may allot space for wagons, sleighs or other vehicles free of charge.
The space so occupied by each person shall not be deemed to be exclusive
for the length of time for which such person may have paid or been
allotted privileges upon such grounds greater than one market day.
Such Market Clerk shall execute to the City of North Tonawanda
a bond in such penal sum as may be fixed by the Common Council with
sufficient surety or sureties to be approved by the Mayor, conditioned
for the faithful performance of his duties as such Clerk and for the
paying over and accounting to the City for all moneys received by
him and payable to the City Treasurer of said City as hereinafter
provided.
[Amended 12-17-1974]
Said Public Market shall be kept open on Tuesdays, Thursdays
and Saturdays between the hours of 7:00 a.m. and 1:00 p.m. The Market
Clerk shall attend at such market at the opening of the same and shall
remain until the closing hour.
The Market Clerk shall not lease or allot any space or privilege
upon such market to any huckster or provision merchant for any purpose
whatsoever, and any lease of any stall, stand or space at said market
shall not permit the same to be used or occupied for business or other
purposes by any other person, nor shall be sublet the same or any
portion thereof, except that the Market Clerk may lease stalls on
said market at the price fixed by the Common Council to any person.
The Market Clerk shall keep a book or set of books, in which
he shall enter the name of each person to whom he shall lease a space,
stand, stall or privilege and the amount of money received by him
therefor; which book or books shall at all times be open to the inspection
of any member of the Common Council of said City or any authorized
representative of said Common Council.
On or before the last day of each and every week, during the
time of the use and occupation of said market, said Market Clerk shall
pay to the City Treasurer of North Tonawanda all moneys received by
him for the sale of spaces, stands or stalls and privileges during
the preceding week, and shall take the receipt of such Treasurer therefor.
[Amended 6-18-1973]
It shall be the duty of the City Clerk of the City of North
Tonawanda to charge and collect in advance from each person applying
to the Market Clerk for spaces, stands, stalls or privileges at such
market upon an annual basis such annual rents and fees as may be fixed
and prescribed for such spaces, stands, stalls or privileges by the
Common Council; and no person shall occupy or be allowed to occupy
any space, stand or stall or exercise any privilege at such market
until he has paid the rents and fees authorized by the Common Council
therefor.
Whenever any person at said Public Market who shall have paid
a fee for space or privilege thereat, or until a fee shall be prescribed
for such space or privilege has been allotted the same, shall have
sold his or her entire load of produce or the major portion thereof
at such Public Market, he or she may apply to said Market Clerk for
a permit to deliver any such produce which he or she may have sold;
and thereupon said Market Clerk shall deliver such permit to such
person, which permit shall state the name of the person so applying
for same and the name or names of the persons to whom said load has
been sold, and thereupon said persons may lawfully deliver said merchandise.
No person shall sell, offer or expose for sale at said Public
Market or outside of said Public Market upon the public streets, ways
or grounds within said City of North Tonawanda any meats or poultry
of any kind from any wagon, sleigh or vehicle in quantities less than
a whole carcass, excepting beef, which shall not be sold in less quantities
than 1/4 of a carcass. This section shall not apply to any person
who raises, slaughters and dresses the meat or poultry which he offers
for sale on said Public Market streets, ways or places, or to any
person who shall have paid the rent for and been allowed a stall at
said Public Market and sells such meats and poultry from such stalls.
[Added 3-24-1960]
The Common Council may by resolution from time to time establish
a series of fees and charges for the sale, use and rental of stalls
or other spaces in said Public Market. Any changes made in such fees
and charges as herein provided shall be published once in the official
newspaper of the City of North Tonawanda, and such fees and charges
shall become effective on a date which the Common Council shall designate
in such resolution.