DERRY — There won't be any sausages and hot dogs for sale at the town transfer station anytime soon.

Last week, Thomas "T-Bird" Souhlaris was found guilty of trespassing when he set up his cart at the town's transfer station to sell breakfast sandwiches, coffee and hot dogs last winter.

He's been ordered by Derry District Court Judge John Coughlin not to set up his cart at the dump anymore and to remain on good behavior for a year or pay a $2,000 fine.

The two criminal trespassing charges date back to January, when Souhlaris set up his cart in a dirt lot on town property outside the dump. Town Administrator Gary Stenhouse told Souhlaris not to sell food at that location but Souhlaris maintained it was his legal right to vend on town property. He was given a summons on Jan. 30 and was arrested when he returned to the dump with his cart the following day.

At the trial, held on Thursday, May 8, Coughlin said because Souhlaris holds a valid permit from the town's health department it was logical for him to think had a right to vend at the dump but should have known better once police officers told him to leave the area.

"It was very clear that your client knew he was not to enter that property," Coughlin said to Souhlaris' attorney, Richard Sheehan.

But Sheehan said he plans to file a motion to reconsider the ruling within 10 days. If Sheehan doesn't like that decision, he'll likely file an appeal to a higher court.

"If (Coughlin) found him not guilty on (Jan. 30) then he's not guilty on the 31st," Sheehan said.

Four police officers and two town officials testified at Souhlaris' trial on Thursday afternoon.

All four officers testified that they were given commands from Stenhouse that Souhlaris was not allowed to sell food at the dump.

Public Works Director Mike Fowler testified that the town has a policy which forbids for-profit businesses to vend on town property. Three weeks after Souhlaris set up his $18,000 cart at the dump, Fowler told him he was not allowed at the location and that he should ask the Town Council to change their policy if he wanted to stay there.

Souhlaris, who has been vending at the Derry traffic circle for at least four years, said he was invited to the sell food outside the dump this winter by transfer station employees. He was making $100 a day more at the dump than at his original location and the snow banks made the traffic circle a dangerous location to sell food, Souhlaris said.

So Souhlaris asked the Town Council on Jan. 15 if he could set up at the dump. He was told Stenhouse would take care of the situation and in two phone conversations the following day, Stenhouse told him there were liability issues and multiple vendors may want to sell at the dump.

"The town had a right to keep him away from a particular location until they did their research," Derry police prosecutor Anthony Ruggirio said.

Souhlaris has a valid license with the state and has received a perfect score on his town health inspection, he said. He also holds a town-issued vending permit through the Parks and Recreation Department that expired in May 2007 that lists locations where he is not allowed to vend, mostly parks and schools. It does not list the town's transfer station.

Stenhouse said on the witness stand that the town does not currently have a process to permit vendors. The town stopped issuing permits through the Parks and Recreation Department last year and has not created another avenue for vendors to control where vendors can sell their wares.

Stenhouse said the town's charter gives him the authority to control the use of all town-owned property.

After the Jan. 15 Town Council meeting, town officials began working on an ordinance but that is still not complete.

"The town has some work to do, they have to fill some holes," Sheehan said.

Each officer testified that Souhlaris sets up his cart in a large dirt lot outside the transfer station fence and his presence did not cause problems with traffic.

"He was off the roadway in an open space," said Officer Andrew Faucher.