[HISTORY: Adopted by the Town Board of the
Town of Huntington 11-9-1993 by L.L. No. 14-1993. Amendments noted
where applicable.]
This chapter shall be known as and may be cited
as the "Christmas Tree Ordinance of the Town of Huntington."
The proliferation of and the engagement in the
sale of Christmas trees and related materials has become a concern
for the Town Board of the Town of Huntington. Many individuals are
setting up sites for the sale of Christmas trees without regard to
the fire, traffic and safety concerns of the residents and guests
of the Town of Huntington. These sites are often left abandoned and
in a state of disrepair after the holiday season has passed. Therefore,
it is the intent of the Town Board of the Town of Huntington to provide
for the regulation of the sale of Christmas trees and to provide an
orderly manner in which such sites may be established and cleaned.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any variety of tree used as a symbol of expressing
the holiday season, including wreaths and/or like holiday plants or
decorations.
An individual, firm, association, corporation, labor organization,
partnership, tenant, vendee in possession, lessee, agent or employee,
who becomes engaged primarily in the sale or storage of Christmas
trees.
A.
No person shall engage in or carry on the business
of storing or selling Christmas trees as defined herein within the
corporate limits of the Town of Huntington without first obtaining
a permit therefor as provided herein.
B.
Nurseries legally established in the town are not
affected by this chapter.
Applications for a permit under this chapter
must file with the Town Clerk a sworn application, in writing, together
with three conforming copies and the appropriate application fees,
to the Town Clerk. Such application shall give the following information:
A.
The name of the applicant, tax identification number
or social security number.
B.
The address of the applicant.
C.
The applicant's place of residence for the past five
years, if any.
D.
The applicant's business address for the past five
years, if any.
E.
The business name under which Christmas trees will
be sold.
F.
The applicant shall provide a lease and/or deed and/or
other such proof of permission of the owner of the property on which
the sales are to occur. Sales on or within the right-of-way of any
roadway shall require proof of permission of the governmental agency
having jurisdiction.
G.
A cash bond of $500 shall be deposited with the Town
Clerk's Office at the time of application approval. This bond shall
be returned when sales have ceased and the site found to be clean
and neat and all materials/goods removed therefrom. Failure to remove
materials/goods within 10 days of the expiration date of the permit
will result in the forfeiture of the bond or a portion thereof sufficient
to provide for the removal and disposal of any debris, materials or
goods found on the subject parcel. The applicant shall, as part of
his or her request for the release of the bond, provide dated photographs
of the site and a receipt for the disposal of the materials/goods
formerly sold on the subject parcel.
H.
A list of dates that the property will be occupied
for selling of Christmas trees.
I.
The location where Christmas trees are to be sold,
including street address and Suffolk County Tax Map parcel number.
J.
The zoning district in which the property in question
is located.
K.
A sworn and notarized statement that the applicant
shall have and hold harmless the Town of Huntington and its officials
and employees from all damages caused by the negligence of the applicant.
L.
The Town Clerk shall be hereby empowered to create
the necessary applications. The Town Clerk shall also have the right
to require additional information as may be needed to implement and
facilitate the permitting process. A decision as to the application
shall be rendered within 10 business days.
All applications for a permit under this chapter
shall pay a processing fee of $300 per permit application, in addition
to any other required fee, to the Town Clerk.
Any benevolent, philanthropic, patriotic, not-for-profit or eleemosynary person, church or organization registered with the Secretary of State in Albany as such an organization pursuant to Article 7-A of the Executive Law shall be exempt from the application fee required in § 150-6.
The applicant shall obtain general liability
insurance naming the Town of Huntington as additional insured in the
amount of $100,000 and provide a certificate of the same.
Separate permits shall be required for each
location where Christmas trees will be sold.
A.
Every person authorized to sell Christmas trees under
this chapter shall have his or her permit conspicuously posted at
all times; said permits shall be protected from the elements at all
times.
B.
No permit issued under the provisions of this chapter
shall be transferred from one person to another or from one business
or entity to another business or entity.
C.
All permits issued under this chapter shall commence
on November 15 and shall expire on the following January 3.
D.
No permit is to be issued for a vacant or undeveloped
property within 1,500 feet of an established and legal business which
commonly engages in the sale of horticultural and/or floral products
throughout the year.
E.
No permit will be issued for property within 200 feet
of New York State Route 25A.
F.
No permit will be issued for property in residentially
zoned districts.
Failure to comply with this chapter shall subject
the applicant to automatic forfeiture of the cash amount deposited
in addition to the penalties below.
[Amended 11-6-2019 by L.L. No. 56-2019]
(A)
Any person who violates any provision of this chapter or fails to
comply with any condition imposed by this chapter shall have committed
an offense punishable by a fine of not less than $250 and not more
than $1,000 or imprisonment for not more than 15 days, or both, for
a conviction of a first offense; and punishable by a fine of not less
than $500 and not more than $1,500 or imprisonment for not more than
15 days, or both, for a conviction of a second or subsequent offense
committed within five (5) years of the first offense. A separate offense
shall be deemed committed upon each day during or on which a violation
occurs or continues.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
Any person found by the Bureau of Administrative Adjudication to
have violated any provision of this chapter or to have failed to comply
with any condition imposed by this chapter shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
in subdivision (A) for a first offense, subsequent offenses and continuing
offenses, respectively.
(C)
The Town Attorney is authorized and directed to institute any and
all actions and proceedings necessary to enforce this chapter in the
name of the Town in a court of competent jurisdiction. The Town Attorney
is also authorized to seek damages and civil penalties in an amount
up to $500 per day in any civil action in a court of competent jurisdiction,
and such penalties shall be in addition to and not in lieu of any
criminal prosecution or administrative adjudication.
The provisions of this chapter may be enforced
by the Department of Code Enforcement or its designated representatives
or agents and the Suffolk County Police Department.
If any section, provision or part thereof in
this chapter shall be adjudged invalid or unconstitutional by a court
of competent jurisdiction, then such adjudication shall not affect
the validity of the chapter as a whole or any section, provision or
part hereof not so adjudged invalid or unconstitutional.
This chapter shall be effective when filed with
the Secretary of State of the State of New York.
