[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.]
A.
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.
B.
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,[1] 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.[1]
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.[1]
[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.
