[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 1-6-1976 as Ch. 29 of the 1976 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "tag sale" or "flea market sale" or any similar casual sale
of tangible personal property, which sale is advertised by any means whereby
the public at large is or can be made aware of said sale.[Amended 11-10-1999 by L.L. No. 3-1999]
- Includes any goods, warehouse, merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
[Amended 11-10-1999 by L.L. No. 3-1999]
It shall be unlawful for any person to conduct a garage sale in the Village of Flower Hill without first filing with the Village Clerk or Village Clerk-Treasurer the information hereinafter specified and obtaining from such Village Clerk or Village Clerk-Treasurer a license so to do, to be known as a "garage sale license." The fee for such license shall be as set forth in Chapter A243, Fees, Charges and Deposits.
Such license shall be issued to any one household only twice within a twelve-month period, and no such license shall be issued for more than three consecutive calendar days. Charitable and religious and civic organizations may be allowed more than one license with the approval of the Board of Trustees.
[Amended 11-10-1999 by L.L. No. 3-1999]
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Village Clerk or Village Clerk-Treasurer, pursuant to this chapter, shall be as follows:
Name of persons, firm, group, corporation, association or organization conducting said sale.
Name of the owner of the property on which said sale is to be conducted, and consent of the owner if the applicant is other than the owner.
Location at which the sale is to be conducted.
Number of days of sale.
Date and nature of any past sale.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
No more than two signs advertising such sale, each of which is no larger than 24 inches by 12 inches in size, shall be permitted. All such signs must be posted on the premises where such sale is conducted and must contain the name and address of the person conducting the sale. Said signs must be removed within 48 hours after the completion of the sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Village of Flower Hill or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in this Code.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department or Fire Department of the Village of Flower Hill in order to maintain the public health, safety and welfare.