[HISTORY: Adopted by the Common Council of the City of Newburgh 7-10-1989 by Ord. No. 17-89. Amendments noted where applicable.]
A public market for the City of Newburgh is hereby established, to be located at such places as may be designated in writing by the Market Director and approved by the City Manager in writing.
Said market shall be open for the purpose of displaying and selling products raised in the State of New York.
"Producers," within the meaning of this chapter, shall mean persons who raise their own products upon land leased or owned by themselves.
Producers may sell by agent, provided that the agent is paid on a flat salary basis and not on commission.
It shall be unlawful for any producer, by himself or agent, to offer for sale in said market any product not produced upon land either owned or leased by himself.
It shall be unlawful for any person to display or offer for sale or sell in said public market any product purchased directly or indirectly from any other person.
It shall be unlawful for any producer's agent to offer for sale or sell in said public market any product which is not grown upon land owned or leased by the producer he represents.
It shall be unlawful to offer for sale or sell any manufactured or prepared article in said public market unless the main ingredients of said article have been produced upon land owned or leased by the producer offering for sale or selling said article or unless otherwise permitted under the rules of the Market Director.
It shall be unlawful for any person to use any deceit, imposition or misrepresentation in selling or attempting to sell any article in said public market.
Any person desiring to sell produce in said public market shall present to the Market Director of said market an affidavit showing that he is entitled to the privileges of said market as a producer or agent in accordance with the foregoing rules.
Except as otherwise provided, said market is hereby declared to be for the sale of butter, eggs, fruit, farm produce and vegetables. Baked goods of any kind shall be allowed, along with such other similar or related items as may be contained in the rules of the Market Director.
[Amended 2-11-1991 by Ord. No. 11-91]
Said market shall be open on Tuesday and Friday of each week or at such other times as may be deemed appropriate by the Market Director.
It shall be unlawful for any person to occupy any market space in said market earlier than one hour before the opening of said market and longer than one hour after the closing of the same.
There shall be a Market Director of said market, who shall be appointed by the City Manager, whose duty it shall be at all times to be present at the marketplace during the established hours to enforce all laws and ordinances regulating said market and sales therein and to preserve order in and about said marketplace during the market hours.
It shall be the duty of the Market Director to ensure that producers and their agents keep said market clean and in good order at all times.
It shall be unlawful for any producer to permit his stall or his wagon or any other equipment or fixture in or about said market to be in an unclean or unsanitary condition.
No person shall throw any garbage, offal, filth or rubbish in any part of said marketplace or City-owned trash receptacles.
Spaces may be allotted in said market to a producer, and no person or producer may sell or offer for sale any article of produce allowed to be sold in said market in any other space than in the space regularly allotted to said person or producer.
No person at said market shall be permitted to solicit trade by outcry or by hawking in a loud or boisterous manner.
No market wagon or other vehicle shall occupy a space in any other position or manner than may be directed by the Market Director of the market.
Every person occupying a stand in said market by vehicle shall have his or her name plainly written thereon in such a position as to be seen and read by purchasers.
No person shall sell or offer for sale any unwholesome, damaged or spoiled produce of any kind in said market.
No person shall represent as homegrown any article or articles offered for sale in said market which has been raised or produced elsewhere and shipped to said market.
No person shall sell products at wholesale or for the purpose of being resold, except that producers may sell their surplus stock in bulk at any time within 15 minutes before or after the regular closing time.
[Amended 9-28-1998 by Ord. No. 12-98]
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.