[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:
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.
A.
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]
B.
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:
A.
Name of persons, firm, group, corporation, association
or organization conducting said sale.
B.
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.
C.
Location at which the sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
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.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
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:
A.
Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
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.
D.
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.
E.
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[1] 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.
F.
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.
