This chapter shall be known as and may be cited as the "Christmas
Tree Ordinance of the Town of Smithtown."
The proliferation of and the engagement in the sale of Christmas
trees and related materials has become a concern for the Town Board
of the Town of Smithtown. Many individuals are setting up sites for
the sale of Christmas trees without regard to the fire, traffic and
safety concerns of the residents and guests of the Town of Smithtown.
These sites are often left abandoned and in a state of disrepair after
the holiday season has passed. Therefore, it is the intent of the
Town Board of the Town of Smithtown to provide for the regulation
of the sale of Christmas trees and to provide an orderly manner in
which such sites may be established and cleaned.
As used in this chapter, the following terms shall have the
meanings indicated:
CHRISTMAS TREE
Includes any variety of tree used as a symbol of expressing
the holiday season, including wreathes and/or like holiday plants
or decorations.
PERSON
An individual, firm, association, corporation, labor organization,
partnership, tenant, vendee in possession, lessee, agent or employee.
No person shall engage in or carry on the business of storing
or selling Christmas trees as defined herein within the corporate
limits of the Town of Smithtown without first obtaining a permit therefor
as provided herein.
[Amended 11-24-1992]
Applicants for a permit under this chapter must file with the
Town Clerk a sworn application, in writing, together with three conforming
copies, together with the appropriate application fees, to the Town
Clerk. Such application shall give the following information:
A. The name of the applicant.
B. The address of the applicant.
C. The applicant's place of residence for the past five years.
D. The applicant's business address for the past five years.
E. The business name under which Christmas trees will be sold.
F. A notarized written authorization from the owner of the property
on which Christmas trees will be sold.
G. A sworn statement from the property owner that the property used
to sell Christmas trees will be left in a clean condition.
H. A list of dates that the property will be occupied for selling Christmas
trees.
I. The location where Christmas trees are to be sold, including street
address and Suffolk County Tax Map parcel number.
J. The zoning district in which the property in question is located.
K. A sworn statement that the applicant shall save and hold harmless
the Town of Smithtown and its officials and employees from all damages
caused by the negligence of the applicant.
[Amended 11-24-1992]
All applicants for a permit under this chapter shall pay a processing
fee of $25 per permit application, in addition to any other required
fee, to the Town Clerk.
[Amended 11-24-1992]
Any benevolent, philanthropic, patriotic or eleemosynary person, church or organization registered with the Secretary of State in Albany as such an organization pursuant to Article 7-A of the Executive Law shall be exempt from the application fee required in §
124-6.
Separate permits shall be required for each location where Christmas
trees will be sold.
[Amended 11-24-1992]
Failure to comply with this chapter shall subject the applicant
to automatic forfeiture of the cash amount deposited.
[Amended 11-24-1992; 9-7-1993]
The provisions of this chapter may be enforced by the Department
of Public Safety or its designated representatives or agents and the
Suffolk County Police Department.