[Adopted 7-21-2008 by L.L. No. 11-2008]
The sidewalk vending regulations as established
in this article are designed to allow sidewalk vending on public property
on the terms and conditions as specified in this article and to promote
and protect the public health, safety and general welfare. These general
goals include, among others, the following specific purposes:
A.
To provide adequate space for pedestrians on the sidewalk
adjacent to sidewalk vending areas and to ensure access to adjacent
commercial and retail uses.
B.
To promote sidewalk vending as useful and properly
planned visual amenities.
C.
To preserve and enhance the character of the RR Restricted
Retail District.
For the purpose of this article, the following
terms shall have the following meanings:
An area marked by the point at which the curbstone of a roadway
meets or is adjacent to the sidewalk.
A public telephone, mailbox, bench, parking meter or other
facility provided for the use of the general public.
Any area between the curbline and a structure, whether publicly
or privately owned, which is used by the public or open to use by
the public.
The use of the sidewalk area adjacent to and a part of a
permitted indoor retail establishment for the sale of retail merchandise,
the placement of sandwich board signs and the placement of items relating
to the business and designed to attract customers to the business
establishment.
A.
No person shall engage in the operation of sidewalk
vending except upon the granting of a revocable permit therefor by
the Building Inspector pursuant to this article and in accordance
with the terms and conditions of such permit.
B.
The Building Inspector is hereby authorized to grant
revocable permits for the use of the sidewalks for sidewalk vending
upon the following terms and conditions:
(1)
The permit and regulated activity shall be valid only during a single calendar year. All permits, regardless of when issued, shall expire on December 31 and shall be renewed each year thereafter on application of the applicant specifying any change from the information originally set forth pursuant to § 247-11 of this article, unless the Building Inspector, for cause as set forth in § 247-13, does not renew said permit.
(2)
The permitted activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of premises in the areas designated in Subsection B(3) below on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.
(3)
Sidewalk vending shall be permitted in the following
areas:
(a)
Broadway, from Wildey Street to West Elizabeth
Street.
(b)
John Street, from Main Street to a point 200
feet south of Main Street.
(c)
Kaldenberg Place, from Main Street to Central
Avenue.
(d)
Main Street, from Broadway to Windle Park.
(e)
Neperan Road, from Broadway to Archer Place.
(f)
North Washington Street, from Main Street to
Central Avenue.
(g)
South Washington Street, from Main Street to
a point at the southerly edge of the Washington Street parking lot.
(4)
The applicant shall have the consent of the owner,
if different than the applicant, of the premises in front of which
the permit activity is to be conducted.
(5)
There shall be maintained at all times by the permittee
an area in front of the business no less than four feet to enable
pedestrians to walk along the sidewalk. Should a sidewalk be more
than eight feet in width, one-half of the width of the sidewalk may
be used for sidewalk vending up to a maximum of six feet.
(6)
The Board of Trustees may waive the requirements of
this article for a period of not more than one week for special occasions
and events.
(7)
No sidewalk display shall be higher than five feet in height. A sidewalk display may be placed immediately adjacent to the business or along the curbline, provided the display does not violate Subsection B(10) hereinbelow and there is space maintained for car doors to be opened and people to enter and exit a car. A permittee shall not be permitted to use both the area next to the business and the area next to the curb for sidewalk vending purposes. Sidewalk vending next to a tree pit shall not be nearer than three inches to the edge of a tree pit. Sandwich board signs may be utilized year-round, but may not be allowed at times when they may cause a hazard to pedestrians such as during snow storms, when snow piles remain on the sidewalk, during times of high winds over 25 miles per hour, or at other times when hazardous conditions exist.
[Amended 3-19-2018 by L.L. No. 3-2018]
(8)
The applicant shall at all times maintain free and
clear from all obstructions access to the door of the business for
ingress and egress.
(9)
No part or item of sidewalk vending use may be permanently
affixed to the sidewalk or any building. The applicant shall be responsible
for any damage caused to any sidewalk or public property.
(10)
The sidewalk vending use shall not interfere
with access to any public service facility.
(11)
No outdoor lighting or live or mechanical music
shall be permitted.
(12)
No sidewalk vending shall be permitted after
the entity with which it is associated is not open to the public and
all items placed on the sidewalk for vending purposes must be placed
inside the business.
(13)
No sidewalk vending shall be permitted when
there is snow on the sidewalk on any area in front of the business
for which the sidewalk vending is permitted.
(14)
The applicant shall agree, on a form approved
by the Village Attorney, to indemnify and save harmless the Village
of Tarrytown, its officers, agents and employees from and against
any claim of loss, liability or damage by any person arising as a
result of the applicant's operation of the sidewalk vending use.
(15)
The applicant shall obtain and maintain in full
force and effect throughout the term of the permit a policy of general
liability insurance, which such policy shall name the Village of Tarrytown,
its officers, agents and employees as additional insured, with the
following limits: for personal injury, $1,000,000 per individual and
$1,000,000 per occurrence, effective for the duration of the permit
and contain a provision prohibiting its cancellation except upon 20
days' notice to the Village of Tarrytown. The applicant shall file
with the Village Clerk, prior to the issuance of the permit, a certificate
evidencing the requisite insurance.
(16)
The applicant shall file with the Village Clerk,
prior to the issuance of the permit, a cash deposit in an amount to
be set forth by resolution of the Board of Trustees in the Master
Fee Schedule,[1] which may be amended from time to time, as security for
the faithful performance by the applicant of the terms and conditions
of the permit.
[1]
Editor's Note: The Master Fee Schedule is
available for review in the Village offices.
(17)
Any other conditions the Building Inspector
shall deem to be reasonable and necessary to protect the health, welfare
and safety of the public, including the denial of the application.
(18)
The public property on which sidewalk vending
uses are located and the surrounding areas shall at all times be kept
free and clear of litter, debris and any substance that may damage
the sidewalk or cause pedestrian injury, and this shall be the responsibility
of the permittee.
(19)
The area used in the sidewalk display shall
not be included in the calculation for any parking requirements required
by this Code.
A.
Application for a permit pursuant to this article
shall be made at least 14 days prior to the intended date(s) of display
on a form designated by the Building Inspector. Such form shall contain
at least the following information:
(1)
The name and address of the applicant.
(2)
The proposed site for the activity.
(3)
A site plan showing:
(a)
The proposed layout, noting where the sidewalk
vending is to occur and the extent of the sidewalk vending on the
property.
(b)
A statement of the months, days and hours of
intended operation.
(c)
The applicant's entire property and adjacent
properties on the location map with streets for a distance of at least
25 feet, at a scale of one inch equals 10 feet.
The Building Inspector shall grant or deny an
application for a permit pursuant to this article within 14 days of
its complete submission.
Upon a finding by the Building Inspector that
the applicant has violated any provision of this article or the terms
and conditions of the permit or has engaged in any practice in conjunction
with the regulated sidewalk activity which constitutes a danger to
the health or safety of any patron or pedestrian, the Building Inspector
shall give notice to the applicant to correct such violation or cease
such practice within 24 hours. If the applicant fails to comply with
such notice, the Building Inspector may suspend the permit for a period
not in excess of 30 days, during which time the applicant shall be
entitled to a hearing before the Village Administrator, at which the
applicant may be represented by counsel, to present evidence in his
or her behalf and confront the evidence against him or her. If, upon
considering the evidence presented at the hearing, the Village Administrator
adheres to the finding, the Village Administrator may reinstate the
permit with additional conditions related to the violation or improper
practice which has been found or revoke the permit and forfeit the
applicant's cash deposit.
Neither the adoption of this article nor the
granting of any permit pursuant hereto shall be construed as a waiver
of any right, privilege or immunity of the Village of Tarrytown with
respect to streets and sidewalks, whether express or implied.
Any person who shall violate any of the provisions
of this article shall be liable to prosecution in the Village Justice
Court and may, upon conviction thereof, be liable to a fine that shall
not exceed $500, imprisonment for not more than 15 days for each such
offense, or both such fine and imprisonment. If a fine imposed pursuant
to this article resulting from the maintenance, use or operation of
sidewalk vending is not paid within five business days after the fine
is imposed, the Village may withdraw the amount of the fine from the
permittee's security deposit.
