NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held on Monday, September 9, 2013, at 7:00 p.m. at 121 West Broadway, Port Jefferson, New York, by the Village Board of the Incorporated Village of Port Jefferson TO ADD SECTION 250-31.1 TO THE VILLAGE CODE TO REGULATE OUTDOOR SALES, by proposed local law, a copy of which is on file at the Office of the Village Clerk.
At said Public Hearing any person interested will be given the opportunity to be heard.
Dated: August 23, 2013
Proposed Local Law No. ___ – 2013
ADDING SECTION 250-31.1 TO THE VILLAGE CODE TO REGULATE OUTDOOR SALES
Be it enacted by the Village Board of the Incorporated Village of Port Jefferson:
The Code of the Incorporated Village of Port Jefferson, County of Suffolk, New York, is amended by:
ADDING Section 250-31.1 of the Village Code which shall read as follows:
[New Language] [Language to be Deleted]
§ 250-31.1 Street Merchandise Displays.
Well-designed and visually displays of merchandise outside of businesses, can be an attractive part of the street-scape and enhance the experience of shoppers and pedestrians. Such displays can also help business owners to attract potential customers to enter their establishments.
However street displays must be properly regulated to prevent obstruction of the public right of way, provide for safe passage of pedestrians, and avoid visual obstruction of pedestrians seeking to safely navigate the sidewalk.
At a minimum pedestrian safety requires that the minimum existing sidewalk clearance of approximately sixty-six inches not be further reduced in any of the commercial areas of the Village. Also wherever possible, wider sidewalk clearances should be preserved where they now exist or are created in the future, especially on streets which experience periodic high pedestrian volumes. Public safety also requires that such displays remain below the line of sight of a pedestrian seeking to navigate the sidewalk.
Further, merchandise displays are intended only for the purpose of exhibiting a modest sample of goods offered for sale, and must not result in the creation of a flea market like atmosphere in which a large portion of a merchant’s stock is displayed. In balancing these interests on public property, the interests of the general public and pedestrians must be of paramount concern, and the interests of vendors secondary.
Any tables, chairs, cabinets or combination thereof, or any booth, tent, street or sidewalk stand, any restaurant, eatery, or cafe table, or any other outdoor, temporary place for the sale of goods, merchandise, items, services, food, or beverages.
- Displays are prohibited on any public street, sidewalk, park or recreational facility, municipal parking lot, or any other public land except by special permit issued by the Board of Trustees. Displays on private property are permitted subject to the restrictions set forth in this chapter.
- The display of merchandise for sale outside an establishment shall be permitted as follows:
- 1. Displays may be placed on private property outside of establishments subject to the following restrictions:
- a. Displays are authorized only in front of restaurants, shops and other operating commercial establishments.
- b. Displays shall be placed only when the establishment is open for business and must be completely removed when the establishment is closed.
- c. Displays may include tables and cabinets which shall not exceed forty inches in height and twenty four inches in depth.
- d. Tables and cabinets may be used to expose for sale merchandise of the same nature as that sold in the commercial establishment placing them.
- e. Displays are limited to the front façade of the commercial establishment placing them, shall not extend beyond the width of the front façade, and shall not block or otherwise obstruct safe access to that commercial establishment or to any adjoining property.
- f. Displays shall be placed abutting against the front façade and adjacent to the primary pedestrian access to the commercial establishment.
- g. Displays shall not extend more than twenty-four inches from the front façade of the building.
- h. Displays must placed in such manner as to preserve sixty-six inches of the sidewalk free and clear of any obstruction to pedestrian traffic. In areas where existing sidewalk obstructions such as utility poles, trees, lamp-posts, or trash cans are in place, sixty six inches of unobstructed sidewalk must be preserved between the existing sidewalk obstruction and the display.
- 2. In considering an application for a special permit under Subsection C, the Board of Trustees may consider the applicant’s ability to conform its display to the restrictions in Subsection D(1) as well as the health, safety, welfare and convenience of the public, pedestrian access to the streets, sidewalks, and public grounds and the accommodation of special events such as street fairs. Permits issued pursuant to this Section shall not exceed seventy-two hours. The fee for special permits shall be set by resolution of the Board of Trustees.
- Whenever the health, safety, welfare or convenience of the public or any other governmental purpose require, the Mayor is authorized to temporarily suspend the placement of displays.
- Penalties for violations of any criteria or conditions set forth in this chapter will result in fines and/or imprisonment as delineated in §250-47.
This Local Law shall take effect immediately.