[HISTORY: Adopted by the Town Board of the Town of Bedford 10-5-1992. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 88.
The intent of this chapter is to establish regulations and procedures for the outdoor sale of Christmas trees and related holiday decorations in the Town of Bedford.
A. 
It shall be a violation of this chapter for any person to store for sale or sell Christmas trees and related holiday decorations in the Town of Bedford without having a license therefor.
B. 
It shall be a violation of this chapter for an owner to allow his property to be used for the storage and sale of Christmas trees and related holiday decorations by any person or persons who do not have a license therefor.
A. 
All applications for a license that allows the outdoor storage and sale of Christmas trees and related holiday decorations shall be made to the Town Building Inspector on a form prescribed by him.
B. 
The application shall be accompanied by a plan, drawn to scale, showing the general location of the lot where such storage and sales are to take place and trees and other items for sale and also showing provisions for site access and parking, together with the written consent of the owner of the lot.
C. 
Within ten (10) days after the application has been fully submitted, the Building Inspector shall approve, with conditions, said application and issue a temporary license or disapprove the application. If the application is disapproved, the Building Inspector shall state his reasons for disapproval in writing.
The application shall be accompanied by a nonrefundable processing fee of one hundred dollars ($100.) plus a site restoration deposit. The site restoration fee of four hundred dollars ($400.) shall be refunded in full, within one (1) week after termination of the license, if the lot on which the trees were sold has been cleaned up and restored to a condition that existed prior to the temporary sale, as determined by the Building Inspector, or refunded in full if the application is disapproved.
A. 
The outdoor sale may be permitted in CB (Central Business) or LI (Light Industry) in the Zoning Districts of the Town of Bedford.
B. 
No trees shall be stored within fifty (50) feet of any frame building located on adjoining property not owned by the licensee nor shall trees be placed upon any sidewalk.
C. 
The storing of Christmas trees for sale is hereby declared to be a fire hazard and the time within which such trees may be stored and the number thereof may be limited and the issuing official of the town may issue special regulations applicable to a special application.
D. 
No Christmas trees shall be placed upon that portion of a corner lot which is bounded by the property lines of both streets for a distance of fifteen (15) feet from the intersection of said streets and a straight line drawn between said points fifteen (15) feet from the intersection of said streets.
The application shall state and contain a provision that, in consideration of the granting of the license, the applicant therefor shall save and hold harmless the town and its officials and employees from all damages caused by the negligence of the applicant. In addition, the applicant shall furnish a copy of a policy of liability insurance with a minimum coverage for personal injury of one hundred thousand dollars ($100,000.) and three hundred thousand dollars ($300,000.).
A. 
The Building Inspector shall approve an application and issue a license if the lot is suitable for the sale in terms of vehicular access, parking and pedestrian safety. For built-up lots, the Building Inspector shall also make certain that other uses on the lot will permit vehicular access and parking, if such sales are also permitted on the lot.
B. 
The license may be revoked at any time if the licensee deviates from the plan as submitted and/or if the sale is deemed to create a public health or safety hazard. If the license is revoked, all sales shall be terminated immediately and shall not be permitted until the licensee complies with the plan and the Building Inspector is satisfied that all safety and health hazards are eliminated.
All licenses shall commence on November 15 and shall terminate on December 30.
A. 
Two (2) signs, not to exceed six (6) square feet each, to be placed on the property, shall be permitted. If freestanding, they shall not exceed fifteen (15) feet above the ground level as measured from road frontage to the top of the sign.
B. 
Any not-for-profit organization will be exempt from paying the fee upon presentation of a copy of its tax exempt certificate by the United States and New York State Tax Department. They must get a permit, but the fee will be waived.
C. 
All signs for the temporary sale of Christmas trees must comply with Article XI, § 125-116, for sign permits and must be removed immediately after the sale or December 30 of the same year.
D. 
All signs pertaining to the sale of Christmas trees and accessories must be placed upon the lot where the sale is being conducted.
E. 
The location of all signs placed on the property must be approved by the Building Inspector or, in his absence, the Assistant Building Inspector or his designee.
Any person committing an offense against any provisions of this chapter shall be guilty of a violation and shall be punished as provided herein:
A. 
Any violation by a person, firm or corporation of any provision of this chapter shall be deemed a violation punishable by a fine not to exceed two hundred fifty dollars ($250.) or by imprisonment for a period not to exceed fifteen (15) days, or both.
B. 
Any person who takes part in or assists in any violation of this chapter shall also be subject to the penalties provided herein.
C. 
Each day that a violation of this chapter is committed or permitted to exist shall constitute a separate offense.
This chapter shall not apply to garden shops or nurseries which are open for business during the other parts of the year.