§ 281-23. Sale of produce, plants and flowers on sidewalks., Article I. General Provisions, Chapter 281. Streets, Sidewalks and Public Places, Part II. General Legislation, Code of Ordinances, New Rochelle

Notwithstanding any inconsistent provisions of Chapter 331, Zoning, the sale of fruit and vegetables, plants and flowers along certain sidewalks fronting premises used for such sales pursuant to the underlying zoning may be permitted by the Department of Development under the requirements contained herein. However, it is determined that such sidewalk sales must be strictly controlled to protect the public health, safety and welfare. Adequate sidewalk area must be maintained to allow safe pedestrian passage and for the safe and convenient use of wheelchairs, strollers and similar instruments. Due to the congestion caused by such sidewalk sales, it is further determined that such sales must be limited to sidewalks at least 10 feet in width from the building exterior to the curbline. Moreover, to adequately control pedestrian congestion around such uses, display areas shall in no circumstances extend more than two feet from the building line into the sidewalk.

Application for such sales shall be made to the Commissioner of Development or such other person designated by the Commissioner on forms to be provided by the Department of Development. The application shall delineate the specific location and display area from which such sales would take place and describe the specific type and material of the actual display fixtures.

A permit for such use may be granted by the Commissioner or such other person designated by the Commissioner if compliance is made with the following requirements:

(1)

There shall be no less than 10 feet of sidewalk from the building line to the curbline.

(2)

Exterior display areas shall not extend more than two feet from the building line into the sidewalk or beyond the building line of the permitted premises. Display areas shall be constructed from wood, metal or other similar material approved by the Commissioner of Development or such other person designated by the Commissioner. Display areas shall be finished in a manner aesthetically compatible with the surrounding building facades. The use of milk cartons, tables or other similar material to maintain display areas shall be prohibited.

(3)

Such permit may be granted only for sidewalks directly abutting the premises for which the primary use is the sale of fruit, vegetables, plants or flowers in conformance with Chapter 331, Zoning.

(4)

Satisfactory evidence of comprehensive liability insurance naming the applicant and the City, its officers, agents and employees as insureds, with limits of ($1,000,000/$2,000,000) for property damage and $1,000,000/$2,000,000 for personal injury shall be filed with the Commissioner.

(5)

Payment of an annual permit fee as set forth in Chapter 133, Fees.

The Commissioner of Development or such other person designated by the Commissioner may revoke any permit issued hereunder for noncompliance with any provision of Subsection C above after written notice to the holder of the permit, specifying the area or areas of noncompliance and setting a date for a hearing not less than three days after such notice. Failure to appear on the date set for such hearing shall be sufficient cause for the Commissioner to revoke the permit.

Any permit issued hereunder shall be revoked upon the third conviction for a violation of the requirements herein within a single permit term. Such revocation shall prohibit the grant of a new permit for 12 months from the date of the third conviction.

All violations, except as set forth hereinbelow, shall be punishable by a fine of not more than $100 for each violation. A second violation within the same permit term shall be punishable by a fine of not more than $250 for each violation. A third violation within the same permit term shall be punishable by a fine of not more than $500 for each violation. All subsequent violations within the same permit term shall be punishable by a fine of not more than $1,000 for each violation.

This section shall become effective immediately. However, existing permit holders shall be given 30 days to comply with the requirements herein.

Editor's Note: Amended during codification; see Ch. 1, General Provisions.