Where used in this ordinance, the following terms and words
shall have the meanings and effects as follows:
AUCTIONEER
Includes any person conducting a sale by public auction of
personal property or real property of his own or as agent for another.
PROPERTY
Includes all goods; wares, merchandise, commodities, compounds,
things, chattels, jewelry, household goods and antiques, and all other
property of whatsoever form or nature, but does not include choses
in action or real property.
[Amended 11-8-79]
PUBLIC AUCTION
Includes any public offer to sell personal property or real
property to the highest bidder or to the person offering to pay the
highest price therefor and shall be without qualifications or reservations,
unless at the time of the offer of each article or parcel and before
any bids are asked thereon a minimum price therefor be publicly stated.
REAL PROPERTY
The land, together with the improvements thereon and attached
thereto.
SELL AT PUBLIC AUCTION
Shall not include judicial sales, sales by public officers
in the manner prescribed by law, sales pursuant to statute to satisfy
any lien on the property retaken under a conditional sale contract
or sales of horses, cattle or other live animals.
No sale at public auction of any personal or real property,
as defined in this ordinance, shall be held within the City of North
Tonawanda unless such sale is directly conducted by an auctioneer
licensed pursuant to the provisions of this ordinance.
[Amended 6-27-68]
Each license issued pursuant to this ordinance shall expire
on the 31st day of December next succeeding its issue. The fee for
such license shall be $150 and shall be paid by the applicant to the
Mayor before the issuance of the license.
A stock of goods, wares and merchandise shall not be offered
for sale as such by public auction except where same consists of a
stock-in-trade of a person continuously engaged in the City of North
Tonawanda in dealing in such goods, wares and merchandise at wholesale
or retail for a period of at least one-year immediately preceding
the time of the commencement of such sale, and at such sale no property
shall be inventoried as proposed to be sold or sold other than property
which constitutes such stock-in-trade of such person. Such public
auction, however, shall be held at the place of business of such person
and on successive days, Sundays and holidays excepted, and shall not
be held for a greater period than 60 days in any one calendar year.
Such sale shall also be subject to all other provisions of this ordinance.
Any person who shall violate any of the provisions of this ordinance
shall be liable to a fine or penalty of not more than $250 for each
offense.
If any section, paragraph, subdivision, clause, sentence, provision
or part of this ordinance shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair,
invalidate or nullify the remainder thereof, but the effect thereof
shall be confined in its operation to the section, paragraph, subdivision,
clause, sentence, provision or part thereof immediately or directly
involved in the controversy in which such judgment shall have been
rendered.
All ordinances or parts of ordinances inconsistent with the
provisions of this ordinance be and the same are hereby repealed.