Town of Cortlandt, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cortlandt 11-17-1953. Sections 223-3, 223-7, 223-9 and 223-11 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 215.
Sewers — See Ch. 241.
Signs — See Ch. 245.
Water — See Ch. 297.
Zoning — See Ch. 307.

§ 223-1 Declaration of policy.

It is hereby declared to be the policy of the Town Board to provide for the promotion of the public welfare, health, safety, morals and general welfare of the community and the protection and preservation of the property of the town and of its inhabitants and the preservation of peace and good order, the benefit of trade and all other matters related thereto.

§ 223-2 Title.

This chapter shall be known and may be cited as the "Farmer's Market Ordinance of the Town of Cortlandt."

§ 223-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CONCESSION or STAND
The place where food, merchandise or other articles are on display for the purpose of sale, and which includes open or enclosed sheds, trucks or other contrivances used for said purposes.
LICENSEE
The person conducting said business herein permitted.
MERCHANDISE OR PUBLIC MARKET
Includes but shall not be limited to any retail selling of goods, wares and merchandise, food or produce, when such are segregated by type or by different types, sold by several different persons acting independently or where sold by each of several persons who assemble together at one (1) place or general area for the purpose of selling their respective goods to the public. These terms shall include such sales known as "flea markets" but shall not include yard sales.
[Amended 8-17-1993 by L.L. No. 2-1993]
PERSON
Includes an individual, society, club, firm, partnership, corporation or association or persons engaged in said business, and the singular number shall include the plural number thereof.
RUBBISH
Includes paper material, tin cans, ashes, portions of food or vegetable matter, lumber, glass, garbage and discarded substances of a solid or incombustible nature.

§ 223-4 Conformance required.

No premises in the town shall be used for conducting thereon any business of the type generally known as "merchandise" or "public market," commonly known and referred to as a "farmers' market," whether the same be conducted within or without a building or from trucks, stands or their structures, except in conformity with the provisions of this chapter.

§ 223-5 License required.

No person shall conduct a business of the type generally known as "merchandise" or "public market" or "farmers' market" or any other similar business under any other name or classification, within or without a building or from trucks, vehicles, stands or other structures or by private sale or by auction, without first obtaining a license therefor in accordance with the provisions of the chapter.

§ 223-6 License application.

Application for a license shall be made to the Town Board, consisting of a sworn statement, in writing, containing the following:
A. 
The name and address of applicant.
B. 
A description of the nature of interest in property upon which business is to be conducted.
C. 
A statement as to the number of concessions to be used in connection with said business.
D. 
A statement as to the area upon which said business is to be conducted.

§ 223-7 Liability insurance; bond.

[Amended 8-17-1993 by L.L. No. 2-1993]
A. 
Before any license shall be issued, the applicant shall furnish a public liability insurance policy in the amounts as set by resolution of the Town Board from time to time. The town shall be named as an additional insured on all such policies.
B. 
Before any license shall be issued, the applicant shall furnish a surety bond in the amount as set forth by resolution of the Town Board from time to time, conditioned upon saving harmless the Town of Cortlandt from any and all liability or causes of action which might arise out of or by virtue of the granting of said license to the applicant, and conditioned further that no damage will be done to the streets, trees or adjoining property and that no rubbish will be permitted to remain upon any private property or in the streets or roads used as approaches to the place of business.

§ 223-8 License restrictions.

Each license issued hereunder shall be conditioned upon the following, which shall be made part of said license by reference:
A. 
No sales shall be conducted on Sundays or after 10:30 p.m. on any weekday, and all lights shall be extinguished and all work stopped by 12:00 midnight.
B. 
Poles upon which floodlights are to be affixed, lighting the sales area, shall be at least one hundred (100) feet from the highway, and the lights shall be so directed as to illuminate only the sales area. This, however, shall not prohibit or prevent proper illumination of parking areas or driveways used in the conduct of said business.
C. 
The parking of motor vehicles for patrons attending said business shall be maintained off-street only. The parking area shall be maintained in a satisfactory manner. Traffic shall be regulated in the area immediately adjacent to the premises.
D. 
The regulations of the New York State Police, local Fire Department and Building Inspector must be adhered to.
E. 
Sanitary facilities, including toilets and water service, shall be provided separately for the employees of the business and the patrons attending said business, and separate facilities must be provided for both sexes, and the number and the manner in which the same shall be maintained shall be in accordance with the rules and regulations of the County Board of Health and other ordinances or laws applicable thereto. Appropriate signs indicating the existence of sanitary facilities shall be posted at conspicuous places throughout the business area.
F. 
All rubbish from the premises where business is conducted and from any parking area used by said licensee in connection therewith must be gathered and deposited in closed containers by no later than 6:00 p.m. the next day following.
G. 
Any concession serving food or drink for human consumption must obtain and have the restaurant license required by the County Board of Health.
H. 
The licensee shall not permit any unnecessary or unreasonable noise by means of loudspeakers, power amplifier devices or any other means which would create or tend to create a public nuisance.
I. 
Each concession shall have a sign conspicuously placed where the same may be visible containing the name and address of the person conducting said concession.

§ 223-9 License fees.

[Amended 8-17-1993 by L.L. No. 2-1993]
The fee for the license to operate said business shall be as set by resolution of the Town Board from time to time. Each location where such business is to be conducted must be separately licensed.

§ 223-10 Right to waive or modify.

The Town Board may modify or waive any of the provisions of the within chapter in the best interest of the Town of Cortlandt.

§ 223-11 Penalties for offenses.

[Amended 8-17-1993 by L.L. No. 2-1993]
Except as otherwise provided by law, any person violating any section of this chapter shall, upon conviction thereof, be liable to a fine not to exceed two hundred fifty dollars ($250.) or up to fifteen (15) days in jail or to a civil penalty not to exceed three thousand dollars ($3,000.) for each day that the violation continues.

§ 223-12 Revocation of license.

The license heretofore issued under this chapter may be revoked by the Town Board upon violation of the terms of this chapter, which revocation of said permit shall be in addition to any fine or penalty which may be imposed upon the offender in violation of the chapter.