[Adopted 10-27-1992 by G.O. No. 9-1992]
The City Council of the City of Yonkers, having determined that
the obstruction of the public sidewalk is a nuisance and cannot be
tolerated and yet recognizing that certain businesses have displayed
their goods upon the public way in front of their place of business
without impeding pedestrian traffic and that such displays, when properly
maintained and controlled, can be a public convenience and will not
adversely affect the surrounding area, then the following regulations
shall apply.
A.
Except as may be otherwise provided herein, no person, firm or corporation
shall encumber or obstruct the sidewalks, streets or public ways with
goods, wares, merchandise, boxes, household furniture or other articles
unless such articles are temporarily placed on the sidewalk, street
or public way solely for the purposes of loading or unloading and
such articles are removed without delay and at all times sufficient
space is maintained to permit the uninterrupted passage of pedestrians.
B.
It shall further be unlawful for any person, firm or corporation
operating a retail establishment to vend, sell, dispose of or offer
to vend, sell or dispose of or display any goods, wares or merchandise
on any public sidewalk, nor shall any merchandise be displayed upon
or affixed against or between any parking meter, fire hydrant, telephone
or utility lines and/or poles.
No person, firm or corporation shall hang, place, attach or
display any goods, merchandise or other articles upon any fence, gate,
awning, canopy or their frames over a sidewalk.
[Amended 7-18-1996 by L.L. No. 5-1996]
The owner or operator of a retail establishment primarily engaged
in the sale of flowers, plants, fruits or vegetables may apply to
the Office of Licensing for a permit for the temporary display or
sale of flowers, plants, fruits or vegetables upon the public sidewalk
directly in front of the retail store or building in which such business
is conducted in accordance with the regulations hereinafter established.
[Amended 7-18-1996 by L.L. No. 5-1996]
Application for a permit to display or sell flowers, plants,
fruits or vegetables on a public sidewalk shall be made in writing
to the Office of Licensing. The application shall contain the name
of the applicant, if an individual, the names of partners, if a copartnership,
or the names of the principal officers, if a corporation, church,
club or charitable institution and shall include the location of the
place or places where such flowers, plants, fruits or vegetables are
to be displayed. Said application must be approved by the Department
of Housing and Buildings as well as the Office of Licensing.
The applicant shall file with the application for the permit
a certificate of public liability insurance in the amount of not less
than $1,000,000 and property damage insurance in the amount of not
less than $50,000 for any one accident and $100,000 in the aggregate,
with the City of Yonkers listed as additional insured, said certificate
to be approved as to form, correctness and adequacy by the Corporation
Counsel, to insure the City against injury or damage arising out of
the granting of the permit or from any negligence or fault of said
applicant, his agents, servants or employees in connection with said
display or with any work related thereto. Such insurance must remain
in force throughout the effective period of the permit as well as
any authorized extensions thereof and shall carry an endorsement to
the effect that the insurance company will give at least 60 days'
written notice to the City of any modifications or cancellation of
any such insurance.
[Amended 6-26-2012 by L.L. No. 13-2012; 6-1-2017 by L.L. No. 10-2017]
The permit fee to be charged for such application is $200 per
annum. No permit shall be valid for more than one year, and the permit
shall contain a stated expiration date.
Each permit holder shall be subject to the following regulations:
A.
The sidewalk area in front of the store or building must be a minimum
of seven feet from the building line to the curbline. The stand or
display may not extend more than 36 inches from the building line,
and there shall be no less than four feet of clear and unencumbered
space from the stand or structure on the sidewalk to the curbline.
No stand, including merchandise displayed thereon, may exceed a height
above four feet from the sidewalk.
B.
No street, alley or driveway shall be blocked by any merchandise
displayed hereunder, nor shall any stand or display be affixed to
any parking meter, fire hydrant, telephone pole or utility pole.
C.
Merchandise shall be securely and adequately placed so that it will
not endanger passersby or fall or extend into any street, sidewalk
or alley.
D.
No stand or display shall be permanently affixed to the sidewalk
or building.
E.
No entranceway or exit shall be blocked by any stand or display.
F.
No stand or display will be allowed in front of the store or building
after such establishment is closed.
G.
No permit may be transferred, leased or assigned. Each stand or display
must be operated by the owner or tenant of the building in front of
which the stand or display is located.
H.
Each stand or display shall be subject to prior approval by the City
as to design and construction. No stand or display shall be operated
in any manner which would cause or create a nuisance or a fire or
other public safety hazard.
I.
The sidewalk area around the stand or display must be kept free from
garbage, refuse or other litter by the permit holder.
J.
No stand or display shall be illuminated or operated by mechanical
or electrical power.
[Amended 7-18-1996 by L.L. No. 5-1996]
The Office of Licensing shall make or cause to be made sufficient
inspections to ensure compliance with the provisions of the City Code
by the permit holder.
[Amended 7-18-1996 by L.L. No. 5-1996]
An application for a permit may be denied for failure of the applicant to demonstrate compliance with the provisions of § 103-100 herein in regard to the location, safety or construction of the proposed stand or display. Any permit may be revoked by the Commissioner of the Office of Licensing due to failure of the permit holder to comply with the provisions of this section or other sufficient cause. The Commissioner of the Office of Licensing shall provide 10 days' written notice of denial or revocation and the opportunity for a hearing.
A.
Any group or association of merchants or store owners may apply to
the Office of Licensing for a permit for the temporary display and
sale of any goods, wares, merchandise, produce or vegetables on the
public sidewalk in front of the stores of each merchant or owner for
the purposes of conducting special events such as a sidewalk sale
held by the merchants or store owners within a designated area.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.
The application for such permit must describe the general area in which the sale is being held and must list each store participating in the sale, and each stand or display must comply with the provisions of § 103-100 hereunder.
C.
The applicant for such permit must produce a certificate of insurance which conforms to the requirements of § 103-98 hereunder.
D.
The permit shall be valid for one year and shall list specific dates
of any such special event(s) held during the year, up to a maximum
of 15 days per year.
E.
The fee for such permit shall be $10 per day per merchant or store
owner.
The provisions of this article shall not apply to the display of newspapers and periodicals, which is controlled by § 103-58 of this chapter.
