Village of Spencerport, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Spencerport 8-7-1996 by L.L. No. 3-1996 (Ch. 60 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 227.
Signs — See Ch. 259.
Vehicles and traffic — See Ch. 310.
Zoning — See Ch. 340.

§ 157-1 Legislative intent.

This chapter is enacted by the Village of Spencerport for the purpose of regulating flea markets in order that the peace, health, safety, welfare and good order of the Village and of its inhabitants shall not be endangered or unduly disturbed.

§ 157-2 Title.

This chapter shall be known and may be cited as the "Flea Market Law of the Village of Spencerport."

§ 157-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FLEA MARKET
A sale of items of tangible personal property wherein, on one location, there are multiple vendors occupying the space allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.
LICENSE
A license issued by the Village Clerk, in the manner prescribed by this chapter, for the operation of a flea market.
VACANT LOT
In addition to its usual definition, a "vacant lot" shall be defined as any property with a classification code, as defined by the New York State Office of Real Property Services, of 300 to 399.
[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 157-4 Permitted and prohibited districts.

Flea markets shall be a permitted use in B Districts (commercial) and C Districts (industrial). Flea markets are prohibited in A Districts (residential) and on vacant lots within all districts.

§ 157-5 Operation; general conditions.

A. 
Dates and hours of operation. The hours of operation of a flea market shall be limited to three consecutive calendar days within a seven-day period and shall be permitted only during the months of April through November, during daylight hours.
B. 
Land area requirements.
(1) 
The area occupied by all temporary structures (i.e., tables and display racks) utilized for operation of the flea market shall not exceed 50% of the total available area dedicated for conduct of the flea market.
(2) 
The land area requirements applicable to flea markets shall be those as set forth in § 340-22 of Chapter 340, Zoning.
C. 
Conduct of flea market.
(1) 
No displaying, selling or bartering of goods may be conducted from any automobile, truck, house trailer, travel trailer, camper trailer or mobile home.
(2) 
All temporary structures (i.e., tables and display racks) must be of durable construction and properly assembled to protect the safety and welfare of the public.
(3) 
The flea market shall be maintained by the flea market operators in a sanitary fashion, free of debris and garbage; receptacles must be provided for use by the public.
(4) 
Parking facilities shall be in compliance with Chapter 310, Vehicles and Traffic, of the Code of the Village of Spencerport.
(5) 
Temporary structures (i.e., tables and display racks) are to be erected and dismantled/removed within the three-consecutive-day time frame within which the flea market is conducted.
(6) 
All signage for the flea market shall be in compliance with Chapter 259, Signs, of the Code of the Village of Spencerport.
(7) 
No displaying, selling or bartering of goods may be conducted in any public right-of-way.

§ 157-6 License required.

No person, company, firm, corporation or other entity may conduct and/or operate a flea market as hereinabove defined without first having duly obtained and having in force and effect a license therefor.

§ 157-7 License application.

An application for a license shall be submitted for approval to the Code Enforcement Officer and contain the following information:
A. 
The name and address of applicant (local and legal).
B. 
The street address of the location of the flea market.
C. 
The name and address of the owner of the property on which the flea market will be located.
D. 
Description of the type or types of articles and merchandise to be sold or bartered.
E. 
Sketch of property including boundaries of the flea market and location of temporary structures (i.e., tables and display racks).
F. 
The signatures of the applicant and property owner or his or her duly authorized agent.
G. 
The date and length of time the applicant desires the license.
H. 
Such other information as the Village may, from time to time, reasonably require.

§ 157-8 Issuance of license; display.

Upon receipt of the application and of the license fee, and if the Code Enforcement Officer is reasonably satisfied with the applicant's qualifications, the Village Clerk shall issue a license to the applicant. Said license shall be signed by the Village Clerk and shall indicate the name and address of the licensee, the kinds of goods to be merchandised thereunder, the amount of fee paid, the licensing period, the license number and the date of issuance. A copy of such license shall be filed in the Village Clerk's office. Every license shall be displayed prominently at the place of sale during the conduct of such flea market.

§ 157-9 Licensing period; fees; nontransferability.

The licensing period shall be on a monthly or daily basis, and fees for the same shall be determined by the Village Board from time to time. Such license shall not be assignable or transferable and shall so state on the face thereof. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter. The payment of the license fee shall not apply to a bona fide charitable, educational or cultural organization organized not-for-profit and being able to establish that it is such type of not-for-profit organization.

§ 157-10 Revocation of license.

A. 
Licenses issued under provisions of this chapter may be revoked by the Village Clerk of the Village of Spencerport, after notice and hearing, for any of the following causes:
(1) 
Any violation of this chapter.
(2) 
Conducting the business of a flea market in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
C. 
The Village Clerk, upon receiving information giving him/her reasonable cause to believe that the holder of any license issued hereunder has violated any provisions of this chapter or has been convicted of any violation referred to in this section, may forthwith temporarily suspend such license until a hearing is held by him/her as provided herein, and the Village Clerk shall have issued his determination thereon.
D. 
If the licensee has one or more employees, the revocation hereunder shall apply to the licensee and all employees if either he or any one or more of his employees are determined to be in violation of this chapter.

§ 157-11 Appeals.

Any person aggrieved by the action of the Village Clerk or the Code Enforcement Officer in the denial of an application for a license, as provided in § 157-7 of this chapter, or in the decision of the Village Clerk with reference to the revocation of a license, as provided in § 157-10 of this chapter, shall have the right to appeal to the Village Board of the Village of Spencerport. Such appeal shall be taken by filing, within 14 days after such notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Village Board shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the applicant at his last known address at least five days prior to the date set for the hearing. The decision and order of the Village Board on such appeal shall be final and conclusive.

§ 157-12 Administration.

The Code Enforcement Officer is designated as the administrator and shall secure compliance with the standards of this chapter and is responsible for enforcement thereof.

§ 157-13 Penalties for offenses.

Any person who shall conduct a flea market, as herein defined, without a license or who shall continue to conduct a flea market subsequent to the revocation of his license shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.