[HISTORY: Adopted by the Town Board of the Town of North
Castle 11-14-1952 (Ch. 131 of the 1987 Code). Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to
provide for the promotion of the public welfare, health, safety, morals
and general welfare of the community and the protection and preservation
of the property of the Town and of its inhabitants and the preservation
of peace and good order, the benefit of trade and all other matters
related thereto.
By this chapter, the Town Board seeks to remove the danger to
the health, public welfare, peace and good order of its inhabitants
and of the property of the Town and of its inhabitants within the
Town of North Castle relating to merchandise or public markets, farmers'
markets, outdoor auctions and outdoor hawking and peddling, within
or without a building or from trucks, vehicles, stands or other structures.
This chapter shall be known and may be cited as the "Merchandise
or Public Market or Farmers' Market Ordinance of the Town of North
Castle."
As used in this chapter, the following terms shall have the
meanings indicated:
The place where food, merchandise or other articles are on
display for the purpose of sale and which includes open or enclosed
sheds, trucks or other contrivances used for said purpose.
The person conducting said business herein permitted.
Includes, but shall not be limited to, any retail selling
of goods, wares and merchandise, food or produce, when such are segregated
by type or by different types sold by several different persons acting
independently or where sold by each of several persons who assemble
together at one place or general area for the purpose of selling their
respective goods to the public.
Includes an individual, society, club, firm, partnership,
corporation or association of persons engaged in said business, and
the singular number shall include the plural number thereof.
Paper material, tin cans, ashes, portions of food or vegetable
matter, lumber, glass, garbage and discarded substances of a solid
and incombustible nature.
No premises in the Town shall be used for conducting thereon
any business of the type generally known as "merchandise or public
market," commonly known and referred to as a "farmers' market," whether
the same be conducted within or without a building or from trucks,
stands or other structures, except in conformity with the provisions
of this chapter.
[Amended 11-18-2015 by L.L. No. 9-2015]
No person shall conduct a business of the type generally known
as "merchandise or public market" or "farmers' market" or any other
similar business under any other name or classification, within or
without a building or from trucks, vehicles, stands or other structure
or by private sale or by auction, without first obtaining a license
therefor in accordance with the provisions of this chapter. Markets
shall only be permitted on property that contains a nonresidential
use or is located in a nonresidential zoning district.
Application for a license shall be made to the Town Board, consisting
of a sworn statement, in writing, containing the following:
A.
Name and address of applicant.
B.
Description of nature of interest in property upon which business
is to be conducted.
C.
Statement as to number of concessions to be used in connection with
said business.
D.
Statement as to the area upon which said business is to be conducted.
E.
Name and mobile telephone number of the market manager.
[Added 11-18-2015 by L.L.
No. 9-2015]
[Amended 12-7-1983; 11-18-2015 by L.L.
No. 9-2015]
Prior to commencement of any business and until completion,
the applicant shall, at its sole expense, maintain insurance on its
own behalf, and furnish to the Town of North Castle certificates of
insurance, in accordance with the Town's minimum insurance requirements,
together with an indemnification and hold harmless agreement. Should
it be determined that the extent of the operations in any particular
case require insurance coverage in greater amounts than the Town's
minimum insurance requirements, the applicant shall provide certificates
of insurance in the requested amounts. Before any license shall be
issued, the applicant shall furnish a surety bond in the amount of
$10,000, conditioned upon saving harmless the Town of North Castle
from any and all liability or causes of action which might arise out
of or by virtue of the granting of said license to the applicant and
conditioned further that no damage will be done to the streets, trees
or adjoining property and that no rubbish will be permitted to remain
upon any private property or in the streets or roads used as approaches
to the place of business.
[Amended 12-7-1983; 11-18-2015 by L.L.
No. 9-2015]
Each license issued hereunder shall be conditioned upon the
following, which shall be made part of said license by reference:
A.
No sales shall be conducted after 5:00 p.m. on any day and all work
stopped by 9:30 p.m. The Town Board shall determine the appropriate
days of the week to conduct the market as well as the number of days
the market is permitted to be in operation.
B.
No lighting of the sales area shall be permitted. However, proper
illumination of parking areas and/or driveways used in the conduct
of said business may be authorized by the Town Board.
C.
Parking of motor vehicles for patrons attending the said business shall be maintained off street only and only in accordance with § 355-53 of the Town Code. Traffic shall be regulated in the area immediately adjacent to the premises, and parking must be maintained in good order with adequate supervision thereof at the expense of the licensee as prescribed by the Chief of Police.
D.
The regulations of the Police Department, local Fire Department and
Building Inspector must be adhered to.
E.
Sanitary facilities, including toilets and water service, shall be
provided separately for the employees of the business and the patrons
attending said business, and separate facilities must be provided
for both sexes, and the number and the manner in which same shall
be maintained shall be in accordance with the rules and regulations
of the County Board of Health and other ordinances or laws applicable
thereto. Appropriate signs indicating the existence of sanitary facilities
shall be posted at conspicuous places throughout the business area.
F.
All rubbish from the premises where business is conducted, and from
any parking area used by said licensee in connection therewith, must
be gathered and deposited in closed containers by no later than 6:00
p.m. each market day and removed from the premises by 6:00 p.m. of
the next day following.
G.
Any concession serving food or drink for human consumption must obtain
and have the restaurant license required by the County Board of Health.
H.
The licensee shall not permit any unnecessary or unreasonable noise
by means of loudspeakers, power amplifier devices or any other means
which would create or tend to create a public nuisance.
I.
Each concession shall have a sign conspicuously placed where same
may be visible, containing the name and address of the person conducting
said concession.
J.
The market shall be under the supervision of a market manager. The
market manager shall be present on site whenever said market is in
operation. The market manager is responsible for supervising market
operations and ensuring compliance with orders of the Chief of Police,
Building Department and the Westchester County Department of Health.
K.
No hawking, outcries or other methods of attracting attention of
customers are permitted.
L.
All vendors must clean the areas they occupy. Vendors must remove
all waste, rubbish or trash that they generate during the course of
selling at the market.
M.
Vendors' vehicles must be removed from the selling area before the
market opens. Vendors must park personal vehicles in the customer
parking areas unless they are selling out of the vehicle. All vendors'
vehicles driven on the market must be operated in a safe and prudent
manner. Selling may take place from a vehicle.
N.
Obstructing market driveways, traffic lanes or stalls is prohibited.
[Amended 8-14-2013 by L.L. No. 7-2013]
A fee shall be charged in connection with the review of all
market license applications and other actions of the Town described
in or contemplated by this chapter in such amounts as set forth in
the Master Fee Schedule.[1]
[Amended 11-18-2015 by L.L. No. 9-2015]
The Town Board may modify or waive any of the provisions within
this chapter that is in the best interest of the Town of North Castle.
[Amended 11-24-1987 by L.L. No. 3-1987; 4-29-2020 by L.L. No. 3-2020]
Except as otherwise provided herein, any person committing an
offense against any provision of this chapter shall be guilty of a
violation punishable by a fine not exceeding $1,000 per day per violation
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the
provisions of this chapter shall constitute, for each day the offense
is continued, a separate and distinct offense hereunder.
[Added 11-18-2015 by L.L.
No. 9-2015]
The Town Board reserves the right to revoke a market license
if, after a public hearing, the Town Board determines that the market
is a public nuisance or fails to obey the requirements of this chapter.
