City of Rochester, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Rochester City Council 11-25-1941. Amendments noted where applicable.]
GENERAL REFERENCES
Poulterers — See Ch. 85.
This chapter shall constitute and be known as the "Market Ordinance of the City of Rochester."
In this chapter, the words import singular or plural as the case demands. As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Recreation and Youth Services, or his or her designee.
[Added 9-1-1987 by Ord. No. 87-299; amended 6-20-2006 by Ord. No. 2006-196]
COMMISSION MERCHANT
A person who receives any kind of farm produce on consignment as the agent for another or who buys outright and sells or offers for sale such produce from an established business location on a jobbing or wholesale basis for resale purposes.
CONSUMER
A person who buys produce for the purpose of consuming it himself or herself or of selling it in prepared form in a restaurant, hotel or other eating place.
[Amended 2-14-2006 by Ord. No. 2006-22]
DEALER
Any person who is a resident of Rochester or Monroe County and who buys products outside of the market, none of which are grown in New York State, and trucks to the Public Market the whole or any portion of the products sold or offered for sale by him or her and sells such products from a stall space in the Public Market which he or she has rented on a seasonal basis.
[Amended 4-9-1963; 9-3-1985 by Ord. No. 85-383; 2-14-2006 by Ord. No. 2006-22]
FARMER-DEALER
A person who buys products outside of the market that are grown only in New York State and trucked to the Public Market, the whole or any portion of the products sold or offered for sale by him or her, and sells such products from a stall space in the Public Market, which he or she has rented on an annual basis.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
FORESTALLING
To intercept any person on his or her way to the Public Market to buy up or attempt to buy up a part or all of his or her product or to dissuade or attempt to dissuade him or her from proceeding to the Public Market, for the purpose of reselling goods so bought or of decreasing the amounts or enhancing the prices of products offered for sale on such market.
[Amended 2-14-2006 by Ord. No. 2006-22]
GROWER-FARMER
A person who is actually engaged in the business of growing farm products on land owned or leased by himself or herself, or a member of the family of such person, or an employee of such person for a salary or wage, who sells or offers for sale products grown in New York State from a stall space in the Public Market, provided that such products shall consist of at least 50% of his or her own production.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
HUCKSTER
Any person who purchases products upon the market or elsewhere and offers the same for sale on the City streets or alleys outside of the market or sells to consumers on or at the market under a license issued pursuant to the provisions of Chapters 68 and 62 of this Code.
PERSONS
Includes natural persons, partnerships, associations and corporations.
PUBLIC MARKET or MARKET
The space designated in this or other like chapter on which shall be carried on the buying or selling of farm products during specified days and hours.
SUPERVISOR OF MARKETS
The Supervisor of Markets as provided for in the Charter of the City of Rochester,[1] who shall also be the Market Master, or any representative in the Market Bureau to whom the duties and powers of such Supervisor of Markets shall be delegated.
[Amended 9-3-1985 by Ord. No. 85-383]
VENDOR
One who sells on the market.
[1]
Editor's Note: See Charter, Art. 11A, Part C.
That tract of land within the City of Rochester south of Pennsylvania Avenue bounded on the north by private property fronting on the tract from North Union Street to First Street, on the east by private property fronting on the tract from Peck Street to Railroad Street across Railroad Street to the property line of the New York Central Railroad, on the south by the property of the New York Central Railroad and on the west by the center of North Union Street, together with adjoining parcels of land on the north and east, which territories are more fully described by metes and bounds in a map on file in the office of the City Engineer, is hereby declared to be the public market known as the "Rochester Public Market" and subject to the provisions of this chapter.
A. 
The Rochester Public Market shall be operated for the purpose of providing a place for the sale of wholesome food products, and such other products as hereinafter provided.
B. 
The Rochester Public Market shall be the focal point of the PMV-Public Market Village as established in Chapter 120 of the Municipal Code, Zoning Code.
[Added 11-19-2002 by Ord. No. 2002-354[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B as Subsection C.
C. 
The land upon which said market is located shall be used solely for a market and its use as a public highway or thoroughfare is hereby expressly prohibited.
A. 
In addition to the duties and powers set forth in the Charter of the City of Rochester and in other sections of this chapter, the Supervisor of Markets, under the direction and control of the Commissioners, shall have charge of the leasing of stands, places and privileges, shall register applicants, collect fees, issue certificates and receipts, enforce rules and regulations, supervise and govern the conduct of buyers and sellers and endeavor to improve methods of handling and display.
[Amended 5-11-1954; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383; 9-1-1987 by Ord. No. 87-299]
B. 
The Supervisor of Markets and/or any authorized representative of the Market Bureau is hereby forbidden to purchase produce or to contract for the purchase thereof on the market for the purpose of reselling such produce or as the agent of another.
[Amended 9-3-1985 by Ord. No. 85-383]
C. 
The Supervisor of Markets shall file with the Commissioner, daily, an itemized statement of all receipts for each market day and shall deposit with the City Treasurer, daily, all moneys received by him or her in his or her official capacity.
[Amended 5-11-1954; 2-23-1960; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383; 9-1-1987 by Ord. No. 87-299; 2-14-2006 by Ord. No. 2006-22]
D. 
The Supervisor of Markets shall cause all applicants who desire to lease space on the market by the day, week, month or year, to become officially registered and shall approve all applications before granting any market privilege. He or she shall have power to suspend or revoke the lease of any market privilege upon conclusive evidence of subterfuge or misrepresentation of the facts or statements contained in such application.
[Amended 9-3-1985 by Ord. No. 85-383; 2-14-2006 by Ord. No. 2006-22]
E. 
Under the direction and control of the Commissioner, he or she shall keep such books and records and submit such reports as may be necessary by the Commissioner for the conduct of his or her office.
[Amended 5-11-1954; 2-23-1960; 2-10-1981 by Ord. No. 81-46; 9-1-1987 by Ord. No. 87-299; 2-14-2006 by Ord. No. 2006-22]
A. 
There shall be two market seasons, the summer season and the winter season. The Commissioner may designate the dates upon which each season shall start and end.
[Amended 4-12-1983 by Ord. No. 83-114; 9-1-1987 by Ord. No. 87-299]
B. 
The market days during both seasons shall be all days except Sundays and the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
[Amended 9-3-1985 by Ord. No. 85-383]
C. 
The Commissioner may designate the hours at which the market shall open and close, and market days during all seasons shall be at such hours as are from time to time prescribed by the Commissioner.
[Amended 2-23-1960; 2-10-1981 by Ord. No. 81-46; 9-1-1987 by Ord. No. 87-299]
D. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, as amended, which pertained to a special retail cleanup market, was repealed 9-3-1985 by Ord. No. 85-383.
E. 
No person shall buy or sell on the Public Market except on market days during market hours. This does not apply to trading by commission merchants operating from their places of business on the market front.
[Amended 9-3-1985 by Ord. No. 85-383[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection F, which immediately followed this subsection and pertained to the blowing of whistles relative to opening time at the market.
A. 
No person shall sell anything on the Public Market or occupy a stall or space thereon, except an authorized person displaying an identification issued by the Supervisor of Markets as hereinafter provided.
[Amended 9-3-1985 by Ord. No. 85-383]
B. 
No grower, farmer-dealer or dealer or person not duly registered shall resell upon the Public Market any product which he or she has bought upon said Public Market.
[Amended 2-14-2006 by Ord. No. 2006-22]
C. 
Hucksters may be permitted to sell on the Public Market, but the sale of any produce on said market shall be restricted to consumers only.
D. 
The load of products brought to the Public Market for sale by a grower-farmer shall always consist of at least 50% of products which he or she has produced himself or herself.
[Amended 4-9-1963; 2-14-2006 by Ord. No. 2006-22]
A. 
No person shall sell on the Public Market except from a stall, stand or space which has been duly leased and approved by the Supervisor of Markets.
[Amended 9-3-1985 by Ord. No. 85-383]
B. 
All sales on the market by weight shall be according to weight established by the use of scales inspected and approved by the County Sealer of Weights and Measures.[1]
[Amended 9-3-1985 by Ord. No. 85-383]
[1]
Editor's Note: See Ch. 113, Weights and Measures.
C. 
All sales on the market not by weight or count shall be in standard containers. Standard containers for a product shall be containers duly pronounced to be standard for such a product, under authorization of federal statutes, by the statutes of the State of New York or by the ordinances of the City of Rochester.
D. 
All persons must comply with the directions of the orders of the Supervisor of Markets and his or her representatives as to unloading, loading or piling produce or placing and arranging their display of produce on any portion of the market grounds.
[Amended 9-3-1985 by Ord. No. 85-383; 2-14-2006 by Ord. No. 2006-22]
[Amended 5-11-1954; 2-23-1960; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383]
A. 
Only wholesome food products, except those which are hereinafter prohibited, may be sold on the Public Market. Livestock, except rabbits, goats, lambs and poultry, shall not be sold on the public market.
B. 
There may also be sold on the market at times designated by the Supervisor of Markets or the Commissioner certain other produces of the farm, garden or forest or other new merchandise.
[Amended 9-1-1987 by Ord. No. 87-299]
C. 
On days on which the Public Market is not open for the sale of food products, the Commissioner may authorize the use of the market for the sale of other merchandise.
[Amended 9-1-1987 by Ord. No. 87-299]
[Amended 5-11-1954; 2-23-1960; 3-22-1960; 4-9-1963; 2-10-1981 by Ord. No. 81-46; 9-3-1985 by Ord. No. 85-383]
A. 
Stalls, stands or spaces in the Public Market shall be leased according to the requirements established in this section.
B. 
Every person who desires to lease a stall, stand or space on the Public Market on either a daily, weekly, monthly or annual basis shall first register in the office of the Supervisor of Markets and fill out, under oath, an application giving such information with reference to the applicant's name, address, character, nature, extent and location of his or her business and such other information as may be deemed necessary by the Supervisor of Markets and the Commissioner for the protection of the public welfare and the proper administration of the market.
[Amended 9-1-1987 by Ord. No. 87-299; 2-14-2006 by Ord. No. 2006-22]
C. 
The Supervisor of Markets shall issue an official identification which shall be prominently displayed by all persons selling on the market as prescribed in the rules and regulations of the Public Market.
D. 
The Public Market shall be operated as an enterprise activity without cost to the taxpayers of the City of Rochester. The Commissioner shall establish minimum rental rates for the use of the market in order to assure the balanced financial operation of the market enterprise.
[Amended 9-1-1987 by Ord. No. 87-299]
E. 
The Supervisor of Markets shall designate the stalls, stands or spaces on the Public Market which shall be leased to persons wishing to sell on the market.
F. 
The Commissioner shall cause the stalls, stands or spaces to be leased on the Public Market on a first-come-first-served basis at the minimum rental rate or direct an auction of the stalls, stands or spaces for the season, after establishing minimum bids to be required at said auction. In years without an auction, a person who rented a stall, stand or space for the previous season shall have the first opportunity to renew the lease for the same stall, stand or space for the following season.
[Amended 9-1-1987 by Ord. No. 87-299]
G. 
All market stalls, stands or spaces leased on an annual, monthly or weekly basis shall be known as "reserved stall space." Any stall, stand or space not rented by the year, month or week shall be known as "unreserved stall space."
H. 
The Supervisor of Markets may lease to eligible applicants by the day any unreserved stall space available at the time of application. No person shall enter a reserved stall space which remains vacant and sell therefrom, unless such reserved stall space is properly leased and assigned for the day by the Supervisor of Markets or members of the Supervisor's staff. Any person permitted to lease a reserved stall space for the day, when vacant, shall vacate such stall space at any time the holder of said stall space wishes to enter the stall, and such person shall be assigned without additional charge to any other vacant stall space to which said person is eligible.
I. 
Hucksters shall be required to lease single stalls, stands or spaces on a seasonal basis.
J. 
Persons renting stalls, stands or spaces on the Public Market may not sell, sublet or assign their privileges on the market.
K. 
The Commissioner is authorized to promulgate rules and regulations governing the leasing of stalls, stands and spaces on the Public Market and implementing the requirements set forth in this section.
[Amended 9-1-1987 by Ord. No. 87-299]
[Amended 9-3-1985 by Ord. No. 85-383]
All products offered for sale on the market shall be subject to inspection by the Supervisor of Markets or any duly authorized City or state official.
Forestalling is prohibited.
No buyer or seller on the Public Market shall enter into any agreement or join any organization or combination for the purpose of raising, lowering or fixing abnormal or artificial prices of products sold on the said market or from keeping products off the market or assist others in any manner to accomplish this purpose.
A. 
Every person permitted to sell on the market shall, by the opening hour of the market or immediately after entering their stall space, properly display their official identification in accordance with the rules and regulations of the Public Market.
[Amended 9-3-1985 by Ord. No. 85-383]
B. 
Drivers of vehicles must at all times comply with the directions of the orders of the Commissioner, the Supervisor of Markets and members of his or her staff or any members of the police force as to entering and departing from the market, as to stopping, starting and standing therein, as to the direction or route taken in entering, leaving or moving about in the market and as to the parking, loading and unloading of vehicles.
[Amended 2-23-1960; 9-3-1985 by Ord. No. 85-383; 9-1-1987 by Ord. No. 87-299; 2-14-2006 by Ord. No. 2006-22]
C. 
No person shall park or leave his or her vehicle standing in or otherwise obstruct, during the market hours, the market driveways and traffic lanes which surround the market sheds.
[Amended 2-14-2006 by Ord. No. 2006-22]
D. 
No person shall park his or her vehicle or cause such vehicle to remain on the Public Market grounds during market hours except while he or she is transacting legitimate market business on such market.
[Amended 2-14-2006 by Ord. No. 2006-22]
E. 
No person shall make any public outcry, do hawking or give any musical or other entertainment for the purpose of drawing customers or to attract attention.
F. 
No person, except those persons authorized by the Supervisor of Markets, shall enter the grounds of the Public Market after the official closing time or more than two hours before the official opening time of the market.
[Amended 9-3-1985 by Ord. No. 85-383]
G. 
All scales used on the market shall be tested and approved by the Sealer of Weights and Measures.[1]
[1]
Editor's Note: See Ch. 113, Weights and Measures.
H. 
All goods offered for sale by weight must be weighed in plain view of the purchaser, if so demanded.
I. 
No person shall slaughter or draw any animal or fowl within the market spaces or on the public streets, alleys or sidewalks.
J. 
No person shall throw, deposit or leave any waste matter upon any street or sidewalk or in any stall of the market.
K. 
Dogs, except Seeing Eye dogs, and all other animals, except livestock offered for sale as authorized in § 91-9 of the Municipal Code, shall not be permitted on the market.
[Amended 9-3-1985 by Ord. No. 85-383]
L. 
No person shall pull or propel any handcart, express wagon or other vehicle along the footwalks or aisles of the market nor allow any such vehicle to remain on such footwalks or aisles until after 7:30 a.m.
M. 
No person shall distribute, scatter about or post on the Public Market any advertising pamphlet, card, handbill or other printed matter, nor shall any person, except as may be otherwise provided by this or other ordinances of this city, beg, loiter, solicit patronage for any business or sell or attempt to sell, display or demonstrate any goods, merchandise, real estate, animals or vehicles on the Public Market or on the street entrances contiguous thereto.
N. 
No person shall sell any of the articles permitted to be sold on the market grounds within 600 feet of any market grounds except in or upon premises owned or leased by said person without paying the fee prescribed for selling on market grounds.
O. 
No person shall resist, interfere with or obstruct the Supervisor of Markets or any assistant or other officer in charge of the market in the execution of his or her duties.
[Amended 9-3-1985 by Ord. No. 85-383; 2-14-2006 by Ord. No. 2006-22]
P. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection P, as amended 9-28-1965, which pertained to huckster fees and permits, was repealed 9-3-1985 by Ord. No. 85-3383.
Q. 
Driving of cars through sheds or parallel parking under sheds is strictly prohibited.
R. 
No person may buy or sell or deliver upon market before official opening time.
S. 
No person shall park more than one vehicle in a stall, nor park a vehicle in a stall not properly leased by said person. Extra vehicles shall be parked in designated areas removed from the selling areas of the Public Market.
[Amended 9-3-1985 by Ord. No. 85-383]
T. 
Locking of cars in front of stalls is prohibited.
U. 
Parking of cars or trucks on market before official opening time or official closing time is prohibited. The Commissioner may promulgate rules and regulations governing the parking of vehicles at the Public Market during market hours.
[Amended 9-3-1985 by Ord. No. 85-383; 9-1-1987 by Ord. No. 87-299]
V. 
No person shall place or allow to remain materials of any kind or any goods, wares, merchandise, equipment, storage facilities, machinery or other articles or obstruction in, upon or over the Public Market premises during other than market hours, unless specifically approved by the Commissioner.
[Added 4-9-1991 by Ord. No. 91-124]
[Added 11-19-2002 by Ord. No. 2002-354[1]]
A. 
The provisions of Chapter 120 of the Municipal Code, Zoning Code, shall be applicable to all development, redevelopment and exterior alterations to existing buildings within the Public Market.
B. 
The provisions of § 120-76 of Chapter 120 of the Municipal Code, Zoning Code, shall be applicable to uses within the Public Market.
[1]
Editor's Note: With the addition of this section, former § 91-15, Penalties, was renumbered as § 91-16.
[Amended 7-22-1969 by Ord. No. 69-329; 9-3-1985 by Ord. No. 85-383]
A. 
Violations involving the parking, standing or stopping of motor vehicles shall be heard and determined in the Parking Violations Bureau, and violators shall be subject to the penalties established in § 111-85 of the Municipal Code.
B. 
Other violations of this chapter shall be punishable by a fine not exceeding $150 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty of not less than $50 nor more than $500, to be recovered by the City of Rochester in a civil action. In addition, vendors violating rules and regulations of the public market may be barred by the Commissioner from selling on the market for up to one month for a first offense, for the rest of the season for a second offense and permanently for a third offense, after the vendor has been served with a notice of the charges and then granted an opportunity to be heard before the Commissioner or a person designated by the Commissioner to conduct the hearing and make a recommendation to the Commissioner.
[Amended 9-1-1987 by Ord. No. 87-299]
C. 
The court may require a violator to make reparation to the city, in an amount he or she can afford to pay, for the loss or damage he or she caused to the Public Market.
[Amended 2-14-2006 by Ord. No. 2006-22]