[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.
A.
Said market shall be open for the purpose of displaying and selling
products raised in the State of New York.
B.
"Producers," within the meaning of this chapter, shall mean persons
who raise their own products upon land leased or owned by themselves.
C.
Producers may sell by agent, provided that the agent is paid on a
flat salary basis and not on commission.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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]
A.
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.
B.
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.
A.
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.
B.
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.
C.
No person shall throw any garbage, offal, filth or rubbish in any
part of said marketplace or City-owned trash receptacles.
A.
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.
A.
No person at said market shall be permitted to solicit trade by outcry
or by hawking in a loud or boisterous manner.
B.
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.
C.
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.
D.
No person shall sell or offer for sale any unwholesome, damaged or
spoiled produce of any kind in said market.
E.
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.
F.
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]
A.
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.
B.
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.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
