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Town Passes New Law Allowing Group Sidewalk Sales









Town of North Hempstead

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Town Passes New Law Allowing Group Sidewalk Sales



The North Hempstead Town Board passed legislation at their December 8th meeting to allow group sidewalk sales to take place in the Town.  The law, written by Councilman Fred L. Pollack, establishes a permit procedure that allows sidewalk sales to be held by Chambers of Commerce, Business Improvement Districts or a majority of merchants in a particular area, with certain safety guidelines to be followed.



“In this economic climate, it is very important that governments do everything possible to promote local businesses and make it easier for them to succeed,” said Councilman Pollack.  “This law is a great way to bring shoppers to our business areas and encourage a sense of community rather than just allowing individual stores to sell merchandise outside.”



Councilman Pollack also stated that the idea for this law originated from a suggestion by a Port Washington business owner who called his office.  “The person wanted to organize what seemed like a great idea for a community event but when we checked the Town Code we realized it would have actually been illegal,” Pollack said.  “That did not seem right.”



Councilman Pollack encourages people to contact his office with any suggestions or comments at 516-869-7706 or pollackf@northhempsteadny.gov.  A copy of the new law is below:





 Section 1.        Legislative Intent.


The Town Board finds that it is in the best interest of the Town of North Hempstead to amend Chapter 48, Section 11 of the Town Code entitled  “Obstructing Walks” in order to promote activities such as sale and display of merchandise on sidewalks and to assure safety and public access to such sidewalks. 


            Section 2.       



            Chapter 48-11 of the Town Code is hereby amended as follows: 



A.  No person, firm, association or corporation who is owner, occupant or lessee of any premises abutting on any street, road, highway or parkway in the unincorporated area of the Town of North Hempstead, Nassau County, New York shall place, keep, permit or suffer to be kept on any sidewalk in front of, adjoining or adjacent to such premises any goods, wares, merchandise, boxes, barrels, display signs or material things of any kind or description or in any manner obstruct any such sidewalk or in any manner obstruct or interfere with the use of any such sidewalk, without first obtaining a permit from the Town Clerk under this section, provided however that nothing contained in this ordinance shall prevent persons from placing goods, wares, merchandise or household furniture on the sidewalk temporarily while loading or unloading the same, provided that it be done without unnecessary delay and provided that such goods, wares or merchandise are not allowed or permitted to remain on such sidewalk within the prohibited area for a period longer than one (1) hour. 



B.  Applications for a permit to conduct a sidewalk sale shall be submitted to the Town Clerk and no person shall conduct a sidewalk sale without having first obtained such permit from the Town Clerk.  The Town Clerk shall issue a permit for a sidewalk sale only to a Chamber of Commerce, Business Improvement District or to the majority of the merchants on a street wishing to participate in a sidewalk sale.  A sidewalk sale permit shall not be issued to an individual merchant.  Such application shall be submitted to the Town Clerk not less than thirty (30) days nor more than One Hundred Eighty (180) days prior to the first day of such sale. 



C.    The sidewalk sale permit shall be issued in the name of the sponsoring organization or in the name of all of the merchants who applied therefore and shall contain the date(s) and times of the sale.  No permit shall be valid for more than three (3) consecutive days.  No more than five (5) sidewalk sale permits may be issued for any location within any twelve (12) month period.


D.    A sidewalk sale permit shall be subject to the following provisions:

1.      No sale shall be conducted between the hours of 7 p.m. and 8 a.m. the following day and no merchandise, booths, tables or display cases shall be left on the site of the sale between such hours even if the sale may continue the following day;


2.      No person shall erect booths, tables or display merchandise in such a manner so as to block pedestrian or vehicular traffic;


3.      There must be a minimum of two (2) feet of clear sidewalk space between any merchandise, booth, table or display case and the street at all times;


4.      The applicant shall be responsible to ensure that any litter generated as a result of the sidewalk sale is properly removed;


5.      The applicant shall comply with such other conditions as the Town Clerk may require as necessary for public safety or to protect public improvements, including but not limited to the posting of no parking signs, traffic cones, or barricades;  and


6.      No participant in a sidewalk sale shall cause or permit any loud or offensive noise,  from his person or from any device, instruments or equipment for the purpose of attracting attention to any goods or services for sale or distribution. 


E.  The fee for a sidewalk sale permit shall be One Hundred ($100.00) Dollars plus Twenty-Five ($25.00) Dollars for each additional day after the first day allowed by the permit.

          F.  No motor vehicle shall park, stop or stand upon or otherwise obstruct any sidewalk, driveway apron or
        handicapped access ramp within the unincorporated area of the Town of North Hempstead.



        Section 3.



        This Local Law shall take effect immediately upon filing with the Secretary of State.



        Dated:  Manhasset, New York

                    December 8, 2009


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