[Adopted 8-17-2009 by L.L. No. 6-2009]
The sidewalk vending regulations established in this article
are designed to allow sidewalk vending on public property on the terms
and conditions as specified in this article and as determined to be
appropriate by the Village Administrator to promote and protect the
public health, safety and general welfare. The general goals are to:
A.
Promote sidewalk vending as useful and properly planned so as to
relate harmoniously to the streetscape.
B.
Provide adequate space for pedestrians on the sidewalk adjacent to
sidewalk vending areas and to ensure access to adjacent commercial
and retail uses.
C.
Preserve and enhance the character of the Irvington Business District.
As used in this article, the following terms shall have the
meanings indicated:
The point at which a curb stone meets a roadway.
Any area between the curbline and a permanent building or
structure, whether publicly or privately owned, which is used by the
public or open to use by the public.
The use of the sidewalk area adjacent to a permitted indoor
retail establishment for the sale of retail merchandise, the placement
of sandwich board signs and the placement of items relating to the
business and designed to attract customers to the business establishment.
No one shall engage in sidewalk vending without a permit issued
under this article. The Village Administrator is authorized to issue
a revocable permit for the use of sidewalks for sidewalk vending,
provided that all of the requirements of this article have been complied
with. The permit shall be valid from April 1 through December 31 of
the calendar year. The permit may be renewed annually, subject to
the conditions of this article.
A.
An application for a sidewalk vending permit shall state the name
and address of the establishment where the sidewalk vending is proposed;
the name and address of the applicant with phone number and e-mail
address; proposed hours of the sidewalk vending; a complete list of
equipment and description of the merchandise proposed to be placed
on the sidewalk.
B.
The application shall be accompanied by sketches, at a scale of at
least 1/4 inch equals one foot:
(1)
Showing the sidewalk adjoining the establishment where the outdoor
vending is proposed to take place, detailing the location of the curb,
any trees and tree wells, mailboxes, streetlights, utility poles or
other obstructions; and
(2)
Showing the location of all equipment to be used in the sidewalk
vending and merchandise that will be sold.
C.
If the applicant is not the owner of the premises in front of which
the sidewalk vending is proposed to occur, (s)he must provide proof
of the property owner's consent to the sidewalk vending.
D.
The applicant must submit, prior to the issuance of the permit, in
a form acceptable to the Village Administrator, an agreement to indemnify
and save harmless the Village of Irvington and its officers and employees
against any loss or liability or damage, including expenses and costs
for bodily injury and for property damage sustained by any person
as a result of the applicant's sidewalk vending on public property.
E.
The applicant must submit, prior to the issuance of the permit, a
certificate of general liability insurance naming the Village of Irvington,
its officers, agents and employees as additional insureds, with the
following limits: for personal injury, $1,000,000 per individual and
occurrence; and for property damage, $1,000,000 per individual and
occurrence, effective for the duration of the permit, and containing
a provision prohibiting its cancellation except upon 20 days'
notice to the Village of Irvington.
[Amended 5-2-2016 by L.L.
No. 4-2016]
F.
A fee as fixed by resolution of the Board of Trustees is required
upon the issuance or annual renewal of the sidewalk vending permit.
G.
The Village Administrator shall grant or deny an application for
a permit under this article within 30 days after submission of all
required information and documents, and upon payment of the fee. The
permit may include any conditions that the Village Administrator deems
to be reasonable and necessary to protect the health, safety and welfare
of the public.
A.
Sidewalk vending shall be permitted only as accessory to a business
establishment lawfully operating on the first floor of premises in
the Business District, on the sidewalk abutting the principal place
of business of such establishment, and by the entity that operates
such establishment.
B.
There shall be a minimum of four feet of clear distance free of all
obstructions to allow adequate pedestrian movement. The minimum distance
shall be measured from the portion of the sidewalk vending area nearest
either the curbline or the nearest obstruction (such as tree wells,
utility poles, streetlights, etc.).
C.
A clear, unoccupied space must be provided, not less than five feet
in width, from all entrances of the building abutting the sidewalk
to the unoccupied portion of the public sidewalk.
D.
No permanent structures may be affixed to the sidewalk area used
for vending or affixed to the building abutting the area for purposes
of vending, and the area may be occupied only by readily removable
equipment and merchandise.
A.
All sales shall be conducted within the establishment to which the
sidewalk vending is accessory. No cash register or other facility
for the exchange of currency or otherwise receiving payment for goods
and services shall be permitted on the sidewalk.
B.
No sidewalk display shall be higher than five feet in height.
C.
No sidewalk vending may take place after 8:30 p.m., nor may it take
place when the establishment to which it is accessory is not open
to the public.
D.
All items placed on the sidewalk for vending purposes shall be removed
from the sidewalk at the closing time of the establishment to which
it is accessory.
E.
No outdoor lighting may be used in connection with sidewalk vending.
F.
No live or mechanical music may be operated or used in connection
with sidewalk vending.
G.
No sidewalk vending shall be permitted when there is snow on the
sidewalk on any area in front of the establishment for which the sidewalk
vending is permitted.
H.
The sidewalk and public property on which the sidewalk vending is
located and the surrounding area shall be kept neat and clean at all
times and free from any substance that may damage the sidewalk or
cause pedestrian injury.
I.
No waste receptacles used in connection with sidewalk vending are
permitted outdoors.
No additional parking which might otherwise be required by the
Zoning Code[1] is required for sidewalk vending.
Neither the adoption of this article nor the granting of any
permit pursuant to this article shall be construed as a waiver of
any right, privilege or immunity that the Village of Irvington may
have with respect to streets and sidewalks, whether express or implied.
A.
Any person who violates any provision of this article shall be subject
to a penalty of not more than $500.
B.
In addition, upon learning that any permittee engaged in sidewalk
vending has violated any provision of this article or the terms and
conditions of a sidewalk vending permit or has engaged in any practice
in conjunction with sidewalk vending that constitutes a danger to
the health or safety of any patron or pedestrian, the Village Administrator
shall give notice to the permittee to correct such violation or cease
such practice within 24 hours. If the permittee fails to comply with
such notice, the Village Administrator may suspend the permit for
a period not in excess of 30 days, during which time the permittee
shall be entitled to a hearing before the Village Administrator, at
which the permittee may be represented by counsel, to present evidence
in his or her behalf and confront the evidence against the permittee.
Within 48 hours after the hearing is closed, the Village Administrator
must either revoke the permit or reinstate the permit. In reinstating
the permit, the Village Administrator may impose additional conditions
related to the violation or improper practice that has been found.
If the permittee does not request a hearing, the permit shall be permanently
revoked.
