[HISTORY: Adopted by the Board of Trustees
of the Village of East Rockaway 10-25-1965. Amendments noted where applicable.]
[Amended 8-10-1987 by L.L. No. 4-1987]
No person, firm, association or corporation shall place or store upon any lot or plot or in any store upon any lot or plot in the Village of East Rockaway any Christmas trees, wreaths, holly or other Christmas greens, for the purpose of sale or otherwise without first obtaining a permit as provided in Chapter 187, Licenses and Permits, for the Christmas season of the year in which application is made.
In no event shall any such Christmas trees,
wreaths, holly or other Christmas greens be stored or offered for
sale on any lot or plot, within 20 feet of any building or structure,
not fireproofed or fire-resistant, in said village.
No Christmas trees, wreaths, holly or other
Christmas greens shall be stored or placed upon any lot, building
or structure where gasoline is stored or sold.
Every application for a permit shall be made
upon a blank furnished by the Village Clerk.
A.
It shall be verified and shall contain the name, age
and residence of the applicant and the name of the firm, association
or corporation, if any, which said applicant represents.
B.
It shall further contain provisions that the applicant,
or the firm, association or corporation he represents, in the consideration
of the issuance of the permit, agrees to hold the Village of East
Rockaway harmless from all suits and/or damages claimed against said
village because of the negligence of the applicant, firm, association
or corporation or his or its agents, servants and/or employees.[1]
[1]
Editor's Note: Former Subsection C, regarding the sum to be
deposited, as amended, was repealed 3-11-2019 by L.L. No. 2-2019.
[Amended 8-10-1987 by L.L. No. 4-1987; 12-10-2018 by L.L. No. 2-20183-11-2019 by L.L.
No. 2-2019]
A.
The fees and deposits to be charged under the provisions of this
chapter shall be determined from time to time by resolution of the
Board of Trustees.
B.
The applicant shall, upon application for a permit, pay a deposit fee with the Village of East Rockaway and shall, at the same time, pay a permit fee. Such fee may be waived by the Board of Trustees upon the application for such a permit by any duly authorized representative of any recognized Village association of war veterans, or of police or firemen, or religious or national charitable association or service organization selling or offering for sale such items contained in § 106-1 herein, on their own behalf and for the benefit of such group or association.
(1)
The deposit fee shall be given to assure and guarantee, for the benefit
of the Village of East Rockaway, that the applicant will remove all
merchandise and such Christmas rubbish from said lot, plot or store
or structure where the same is placed as aforesaid and from the adjacent
street on or before the 29th day of December of said permit year.
(2)
If such merchandise and Christmas rubbish are not so removed on or
before the 29th day of December of said permit year, then the Village
of East Rockaway may remove the same and charge the cost thereof against
the deposit fee.
[Amended 8-10-1987 by L.L. No. 4-1987]
Any person, persons, firm, association or corporation
committing an offense against any provision of this chapter shall,
upon conviction thereof, be guilty of a violation pursuant to the
Penal Law of the State of New York, punishable by a fine not exceeding
$250 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.
