[HISTORY: Adopted by the Town Board of the Town of Stony Point as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 65.
Peddling and soliciting — See Ch. 159.
Fee Schedule — See Ch. A221.
[Adopted 11-9-1988 by L.L. No. 3-1988]
The intent of this article is to establish regulations and procedures for the outdoor sale of Christmas trees and related holiday decorations in the Town of Stony Point.
[Amended 9-13-1994 by L.L. No. 5-1994]
A. 
It shall be a violation of this article for any person to store or sell Christmas trees and related holiday decorations in the Town of Stony Point without having a license therefor.
B. 
It shall be a violation of this article for any owner to allow his property to be used for the storage and or 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 Clerk on a form prescribed by that office.
B. 
The application shall be accompanied by a plan approved by the Building Inspector, 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 10 days after the application has been fully submitted, the Town Clerk shall approve, with conditions, said application and issue a temporary license; or disapprove the application. If the application is disapproved, the Town Clerk shall state his reasons for disapproval in writing.
[Amended 9-13-1994 by L.L. No. 5-1994]
A. 
The application shall be accompanied by a nonrefundable processing fee and a site restoration deposit in an amount set forth from time to time by resolution of the Town Board.[1] The site restoration fee shall be refunded in full within one week after termination of the license if the lot on which the trees were sold has been cleaned 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.
[1]
Editor's Note: See Ch. A221, Fee Schedule.
B. 
The processing fee and/or site restoration deposit described above may be waived by the Town Board upon such request by any duly authorized representative of any recognized war veterans association, police or fire agency or other religious or charitable organization if such sales will be for the benefit of the requesting group or association.
A. 
The Town Clerk 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.
Any person committing an offense against any provision of this article shall be guilty of a violation and shall be punished by a fine up to $250 and/or up to 15 days in jail.
This article shall not apply to garden shops or nurseries which are open for business during the other parts of the year.