Town of Poughkeepsie, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 6-20-1990 by L.L. No. 7-1990 (Part I, Subpart 33, of the 1964 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 105.

§ 76-1 Purpose.

The purpose of this chapter is to establish licensing provisions for any person, firm, corporation or association conducting any outdoor circuses, carnivals, flea markets, menageries or exhibitions of natural or artificial curiosities or farmers' market[1] in the Town of Poughkeepsie and to delegate the authority to issue a license therefor to the Town Clerk of the Town of Poughkeepsie.
[1]
Editor's Note: The words "or farmers' market" were added pursuant to L.L. No. 20-2006, adopted 7-26-2006.

§ 76-2 Legislative authority.

The authority for such provision is set forth in the Municipal Home Rule of the State of New York, specifically Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12).

§ 76-3 License required.

[Amended 3-27-1996 by L.L. No. 4-1996; 7-26-2006 by L.L. No. 20-2006]
No person, firm, corporation or association shall give an exhibition or performance for money or any other valuable or shall conduct any outdoor circus, carnival, flea market, menagerie or exhibition of natural or artificial curiosities or farmers' market in the Town of Poughkeepsie until they shall have obtained a license therefor from the Town Clerk of the Town of Poughkeepsie and shall have paid the fee provided herein for such license. In addition, written permission from the property owner is required.

§ 76-4 License fees.

[Amended 3-27-1996 by L.L. No. 4-1996]
The fees for such licenses are hereby as provided in Chapter 105, Fees.

§ 76-5 Application fee; insurance requirements.

[Amended 3-27-1996 by L.L. No. 4-1996]
The applicant shall submit to the Town Clerk an application on a form provided by the Town Clerk for such license and shall, in addition to the above cited fee, pay an application fee as provided in Chapter 105, Fees, with said application. The application shall contain a surety bond in favor of the Town of Poughkeepsie, insuring the town against any claim for liability, in the sum of $1,000,000 per person and $1,000,000 per occurrence.

§ 76-6 Organizations exempt from fees.

The Town Clerk of the Town of Poughkeepsie may grant such licenses free of charge to any association, society, membership corporation of a charitable or educational nature or to any veterans, firematic or religious organization or to any other worthy association or society having headquarters within the Town of Poughkeepsie or any city or town adjacent thereto when such Clerk is provided with adequate proof by an affidavit filed with the Town Clerk with the application for such license that said society, association or organization is to receive the proceeds from such benefit showing.

§ 76-7 Denial of licenses; appeals.

A denial of the license by the Town Clerk of the Town of Poughkeepsie may be appealed to the Town Board of the Town of Poughkeepsie, and it shall require a 2/3 vote of the Town Board of the Town of Poughkeepsie in a regular or special meeting to grant any license provided for herein.

§ 76-8 Penalties for offenses.

[Amended 3-27-1996 by L.L. No. 4-1996; 6-3-2009 by L.L. No. 22-2009]
A. 
The violation of this chapter or any part thereof shall be punishable by a fine of not to exceed $1,000, or by imprisonment for not to exceed 15 months, or both.
B. 
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.