[HISTORY: Adopted by the Town Board of the Town of Little
Valley 1-18-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 140.
The rules, regulations and conditions set forth in this chapter
are designed to control, regulate and restrict flea markets in order
to protect the public health, safety and welfare in keeping with the
character of the neighborhood or area where such activity is carried
on.
As used in this chapter, the following terms shall have the
meanings indicated:
Sale of items of tangible personal property at one location
where there are multiple vendors who are occupying a space allotted
to each such vendor for the purpose of displaying and selling such
items, whether or not the vendor is paying a fee for the privilege
of doing so.
Includes individuals, partnerships, voluntary associations,
family groups and corporations.
Flea markets are permitted within the Town of Little Valley
subject to the following restrictions and requirements:
A.
The person or persons conducting such flea market shall be responsible
for the maintenance of good order and the public peace during the
hours of sale.
B.
Off-street parking will be provided on the premises on which the
flea market is held and no parking on public highways will be permitted.
C.
Unless the conduct of flea markets is a permitted use of the premises on which it is proposed, the person proposing such flea market shall make application for a conditional special use permit pursuant to Chapter 140, Zoning, of the Code of the Town of Little Valley.
D.
The hours of operation of the flea market shall be limited from dawn
to dusk, including setup.
E.
Lighting shall be limited to security lighting and shall be directed
in a manner that will not overflow onto adjoining properties in a
manner that will interfere with the enjoyment of such properties.
F.
Landscape buffers between the premises on which a flea market is
proposed to be held and adjoining properties may be required by the
Planning Board at any time.
G.
All storage on the premises on which such flea market is proposed
to be held shall be in buildings, and no buses, semitrailers without
wheels, sheds or other vehicles or temporary buildings shall be permitted
on the premises except during the permitted hours of operation and
except for booths in which food is cooked on the premises.
H.
No sales of motor vehicles, auto dismantling, repair or storage or other businesses, except the business of operating a flea and/or auction market, shall be conducted on the premises proposed to be used for such flea market unless the person conducting such flea market submits a separate application for conditional use permit for the conduct of any such business if required by Chapter 140, Zoning, and an application for a permit pursuant to § 136 of the General Municipal Law, if applicable.
I.
No person shall conduct a flea market in the Town of Little Valley
until such person has submitted an application to the Town Board for
review under the State Environmental Quality Review Act and until
such Board has complied with the provisions thereof, to the extent
that such law is applicable.
The Town Code Enforcement Officer or any other person designated
by the Town shall have the authority and right to enter upon any premises
at which a sale is being conducted for the purpose of inspection,
and such Code Enforcement Officer or authorized person shall have
the right and power to direct the immediate cessation and closing
of such sale upon a finding of probable cause to believe that the
sale is being conducted in violation of this chapter.
[Added 3-13-2017 by L.L.
No. 1-2017]
Any person, firm or corporation violating or permitting the
violation of any provision of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $250 or imprisonment,
for not more than 15 days, or both such fine and imprisonment.
