[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 12-19-1977 by L.L. No. 13-1977. Amendments noted where applicable.]
No person, firm, association or corporation shall place or store upon any lot or plot in the Incorporated Village of Elmsford any Christmas greens for the purpose of sale or otherwise, without first obtaining a permit therefor from the Village Clerk of said incorporated Village, for the Christmas season of the year in which application is made.
The Village Board, by resolution, may grant a special temporary permit to allow the sale of Christmas trees, wreaths, sprays and similar Christmas decorations out of doors in the Business District, Light Industrial District or Heavy Industrial District zones, including authorization to utilize a temporary shed, trailer or like structure during the period of sale to provide shelter for those conducting the sale. Application for such special permit must be made in writing and shall set forth the applicant's name, address and telephone number, the proposed location of sale, the proposed period of sale, a complete description of the proposed shelter and its proposed location on the property from which the sale will be conducted. The maximum allowable period of sale shall be for the 30 days immediately preceding December 25. A fee of $10 shall be charged for each permit to cover the costs of administration. The applicant shall be required to deposit an additional sum of $100 at the time application for the permit is made as security for the faithful performance of all of the conditions of said permit. Said deposit will be returned to the applicant upon certification by the Highway Department that said applicant has fully complied with all the conditions of the permit. The Village shall be entitled to use such part or all of said deposit to correct any condition caused by the failure of the applicant to comply with the conditions of the permit. The Village Board may impose such other restrictions, limitations and conditions as it deems advisable to protect the public health, safety and welfare.
Every application for a permit shall be made upon a blank furnished by the Village Clerk. It shall be verified and shall contain the name, age and residence of the applicant. It shall contain provisions that the applicant, in consideration of the issuance of the permits, agrees to hold the Village harmless from all suits and damages claimed against the Village because of negligence of the applicant, his agents and employees. It shall contain a statement that $100 is hereby deposited with the Incorporated Village of Elmsford for the purpose set out in § 129-3.
The applicant shall, upon application for the permit, deposit with the Incorporated Village of Elmsford the sum of $100 and shall at the same time pay a license fee of $10. The one-hundred-dollar deposit shall be given to assure and guarantee, for the benefit of the Incorporated Village of Elmsford, that the applicant will remove all merchandise and such Christmas rubbish from said lot or plot where the same is placed as aforesaid and from the adjacent street, on or before December 29 of said permit year.
If such merchandise and Christmas rubbish is not so removed on or before the 29th day of December of said permit year, then the Incorporated Village of Elmsford may remove the same and charge the cost thereof against the deposit of $100.
If the removal is made by the permittee in compliance with this chapter, then upon presentation to the Village Clerk of a certificate signed by an officer of the Highway Department certifying due compliance with the provisions of this chapter, there shall be returned to said permittee the deposit aforesaid.
No permit issued pursuant to this chapter shall be construed to relieve any permittee from the duty to properly store and maintain said merchandise so as not to endanger adjacent property or interfere with the operations of the Fire Department or of egress of occupants from the said premises or adjacent premises in case of fire.
No permit shall be issued to any person, firm or association or corporation for the placing or storing or selling of any such Christmas trees, wreaths, holly or Christmas greens on any lot or plot or any other place within 50 feet from any gasoline station.
[Amended 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006]
Any person or persons, firm, association or corporation violating any of the provisions of this chapter or any part thereof shall be liable for and forfeit and pay a penalty of not more than $1,000 for each violation thereof for the use of said Village.