Town of Greene, Maine

Flea Market Ordinance

 

 

Authority

 

This ordinance is adopted pursuant to the Home Rule powers under the Maine Constitution and 30-A M.R.S.A. § 3001.

 

Section I: Title, Purpose and Definition

 

101: Title

This Ordinance shall be known and may be cited as the Flea Market Ordinance of the Town of Greene, Maine.

 

102: Purpose

The purpose of this ordinance is to protect the health and safety of Greene residents and those using the Town ways by regulating vehicular access and use of property where flea markets are held repeatedly.

 

103: Definition

Flea market shall mean an occasional or periodic market held in an open area or within a structure where an individual, or groups of individual sellers offer goods for sale to the public, and the event is held more than four (4) days in any twelve (12) month period. Items sold include but are not limited to household items, antiques, rare items, decorations, used books and magazines, etc.

 

Section II: General Provisions

 

201: License Required

Any person who holds a flea market on more than four days in any twelve-month period anywhere in the Town of Greene shall obtain a license signed by a majority of the Board of Selectmen.

 

Application for each site of flea markets shall be made in writing to the Board of Selectmen and shall include the following information: name and address of the applicant, location of property to be used, a plan of the premises showing such items as the location of buildings, parking area, tables, toilets, vehicular access, and street curbing, and any additional information as the Board of Selectmen deem necessary to issue the license. A non-refundable fee of( $ 50.00), shall accompany the application.

 

All licenses shall expire on December 31st of the year in which they are issued. 

 

 

 

202: Performance Standards

Flea markets shall be restricted to the General Development, and Village II Districts of the Town of Greene. Each applicant shall provide the Board of Selectmen with evidence that he/she can meet the following requirements on the site where the flea market is to be held.

 

202.1: There shall be only one vehicular access to the premises. It shall consist of one                 entrance lane and one exit lane, signed as such. Each lane shall be at least (15) feet in width.

 

202.2: All road frontages except the authorized entrance shall be curbed fenced or otherwise barricaded. Such barricades or screening shall be subject to the approval of the Board of Selectmen, and shall conform to any commercial performance standards adopted by the Town of Greene.

 

202.3: Off –street parking shall be available and of sufficient area to accommodate 3 parking spaces per table

 

202.4: Signs relating to the Flea Market shall be allowed, provided that such signs not exceed six (6) square feet in area, and shall not exceed two (2) signs per premises.

Signs shall not be placed in road right-of-way and shall be setback at least ten (10) feet from all intersections. No sign shall extend higher than twenty (20) feet above ground. 

 

202.5: Hours/ Duration: Flea Markets may remain open for business between the hours of 6:00 a.m. and 6:00 p.m., for a maximum of three (3) days a week, unless otherwise specified on the license by the Board of Selectmen at time of issuance.                    

 

202.6: The applicant shall have the use of a building where all displays, tables, goods; rubbish containers, chairs, etc. shall be stored when sales are not occurring.

 

202.7: Use of the premises shall comply with all other ordinances, articles, by-laws or rules and regulations of the municipality.

 

Section 203: Licensing Procedures

The Board of Selectmen, prior to granting a license after reasonable notice to the municipality and the applicant, shall hold a public hearing within (15) days of the date the application was received. The Board shall notify the applicant of their decision no later than fifteen (15) days from the date of the public hearing. In the event the license is denied, the applicant shall be provided with the reasons for the denial in writing.

 

Section 204: License Posting

The license shall be posted securely and conspicuously on the premises for which it is granted.

 

 

Section 205: Suspension or Revocation of License

The Board of Selectmen may, after a public hearing preceded by notice to the licensee and the municipality, suspend or revoke any license which has been issued under this Ordinance on the grounds that the Flea Market violates any municipal ordinance, article,

by-law, rule or regulation. Written notification of the revocation or suspension, and reasons therefore shall be provided to the licensee.

 

Section III: Penalty, Separability and Effective Date   

 

301: Penalty

Any person, firm, or corporation violating any provision of this ordinance shall be fined not less than $ 50.00 nor more than $150.00 for each offence; and a separate offence shall be deemed committed on each day during or on which the violation occurs or continues. All fines and penalties shall be recovered on complaint by the Town before a court of competent jurisdiction to the use of the municipality.  

 

302: Severability:

Should any portion of this ordinance be found invalid for any reason by a court of competent jurisdiction, then all portions not found invalid shall remain unaffected and in full force and effect.

 

303: Effective Date

The effective date of this ordinance shall be on enactment. Adopted March 5, 2011 at the Annual Town Meeting.

 

Attest: A true copy.

 

 

Charles Noonan

Town Clerk