[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-22-1983 by Ord. No. 987]
No itinerant vendor shall engage in or carry
on the business of storing or selling Christmas trees, Christmas wreaths,
grave blankets and/or related articles without first obtaining a license
from the Borough Clerk, after approval by the Middlesex Borough Fire
Department and after approval by the Middlesex Borough Construction
Official.
Every applicant for a license for the storage
or sale of Christmas trees and related articles shall submit an application,
in writing, to the Borough Clerk. The application shall state and
contain a provision that, in consideration of the granting of the
license, the applicant therefor shall save and hold harmless the Borough
and its officials and employees from any damages caused by the negligence
of the applicant.
[Amended 8-10-2010 by Ord. No. 1777]
Every applicant shall pay a license fee of $75.
A.
A person applying for and obtaining a license hereunder
shall deposit with the Borough Clerk the sum of $100, to guarantee
the removal of any trees, branches and accumulations of rubbish and/or
other materials left on the licensed premises or in the vicinity thereof,
on or before the 28th day of December of the same year licensed.
B.
In the event of the failure of the person licensed
hereunder to remove any trees, branches or accumulations of rubbish
on or before the 28th day of December of the same year licensed, said
trees, branches and/or accumulation of rubbish may be removed by the
Borough, and the reasonable cost thereof shall be deducted from the
deposit, and, if the deposit is not sufficient to pay for the reasonable
cost thereof, the licensee shall be responsible for whatever additional
cost is incurred as a result of the Borough removing said items from
the premises.
C.
Upon completion of the removal of all trees, branches
and accumulations of rubbish left on the premises licensed hereunder
or in the vicinity, whether by the licensee or by the Borough of Middlesex,
the deposit or the balance thereof, as the case may be, shall be returned
to the licensee. If the deposit is not sufficient to cover the cost
for the cleanup and removal of said items, the licensee herein shall
be responsible for whatever additional cost is incurred over and above
the deposit.
No such license shall be construed to relieve
any licensee therefor of the duty to properly store and maintain said
trees and/or other items in order not to endanger property or interfere
with the operation of the Fire Department or the egress of occupants
of the premises in case of fire or to comply with any applicable provisions
of the Borough ordinances.
All licenses for the storage or sale of Christmas
trees and/or other related items shall be displayed at all times on
the premises where such storage or sale is taking place.
The sale of Christmas trees and similar items is allowed only in those zones which permit this activity under the terms of Chapter 420, Zoning.
If a person is not the owner or a long-term
tenant (minimum rental term of one year) of property on which the
sale of Christmas trees, wreaths and/or grave blankets is to take
place, said person shall, for purposes of this article, be deemed
to be an itinerant vendor.
Any person or persons or corporation violating
any of the provisions of this article shall, upon conviction, be subject
to a fine of not exceeding $500 for each offense.
