[HISTORY: Adopted by the Town Board of the
Town of Rotterdam 11-24-1993 by L.L. No. 23-1993. Amendments noted
where applicable.]
It is the intent of this chapter to permit and
establish regulations and procedures for seasonal outdoor sales of
Christmas trees, produce, holiday decorations and certain other seasonal
activities conducted for financial gain.
A.
It shall be a violation of this chapter for any person
to store or sell Christmas trees, holiday decorations, produce and
other seasonal sales out-of-doors in the Town of Rotterdam without
having a license therefor.
B.
It shall be a violation of this chapter for any owner
to allow his property to be used for the storage and sale of Christmas
trees, related holiday decorations, produce and other seasonal sales
out-of-doors by any person or persons who do not have a license therefor.
A.
All applications for a license that allows the outdoor
storage and sale of Christmas trees, related holiday decorations,
produce and other seasonal sales shall be made to the Town Building
Inspector/Code Enforcement Officer on a form prescribed by him.[1]
B.
The application shall be accompanied by a plan, drawn
to 40-scale, identifying the size of the lot, where such storage and
sales are to take place and also showing provisions for site access
and parking, and buildings or structures thereon.
Any outdoor seasonal sales may be permitted
on any lot in the Town of Rotterdam that meets the specifications
for issuance of a license.
A.
The Planning Commission may approve an application
and direct the Building Inspector/Code Enforcement Officer to issue
a license if it finds that the lot is suitable for the sale in terms
of vehicular access, parking and pedestrian safety, and further provided
that such use of the lot will not generate hazardous traffic or fire
conditions. All vehicular parking must be off-street, and adequate
utilities must be provided for the use. The Planning Commission shall
grant only one seasonal business activity per license application.[1]
B.
No offensive noise, vibration, smoke, dust, odors,
heat or glare shall be, produced from the seasonal sales.
C.
Signs shall not exceed one foot square and must be
denoted on the required plan.
D.
The license may be revoked at any time if the licensee deviates from the plan as submitted and/or if the sale is deemed to create a public health or safety hazard. If the license is revoked, all sales shall be terminated until a new license is obtained, subject to the provisions of §§ 228-3 through 228-6.
E.
The Planning Commission may impose any condition upon
the application it deems appropriate and necessary to ensure congestion
on any public street is avoided.
F.
Only one license for seasonal business activities
may be issued for a specific premises per year.
All licenses shall be issued for a period not
to exceed 120 days and are renewable pursuant to the terms of this
chapter. Renewals shall be subject to the Planning Commission review
prior to their reissuance.
[Amended 7-9-2003 by L.L. No. 9-2003; 6-12-2013 by L.L. No. 7-2013]
Enforcement of the provisions of this chapter
shall be by the Building Inspector/Code Enforcement Officer of the
Town of Rotterdam. Any violation of this chapter by any person, firm
or corporation shall constitute a violation and shall be punishable
by a fine not less than $500 and no more than the sum of $1,000 or
imprisonment for a period not to exceed 15 days, or both, for conviction
of a first offense. Each subsequent violation will be punishable by
a fine of not less than $1,000 nor more than $2,000 or imprisonment
for a period not to exceed 15 days, or both. Each day of continued
violation shall constitute a separate, additional offense.
