Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon by L.L. No. 18-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 143.
Pawnbrokers and secondhand dealers — See Ch. 162.
Peddlers, solicitors and canvassers — See Ch. 167.

§ 166-1 Intent.

The intent of this chapter is to protect the residential atmosphere of a neighborhood as well as to prevent unsafe and unsightly use of property and preserve the quality of life of our residents. Personal property sales may not be conducted in a manner that creates a nuisance in the neighborhood. In order to further this intent, personal property sales will be regulated.

§ 166-2 Definitions.

As used in this chapter the following words will have the following meaning:
CHARITABLE ORGANIZATIONS
Organizations or corporations for pleasure, recreation and other not-for-profit purposes, substantially all of the activities of which are for such purposes and no part of the net earnings of which insures to the benefit of any member, employee or shareholder.
DAY
A consecutive twenty-four-hour period beginning at midnight.
LOT
A parcel of land, exclusive of street areas, used or designed to be used by one use or building or by a related group of uses or buildings and the accessory uses or buildings customarily incident thereto, including such open spaces.
PERSON
An individual.
PERSONAL PROPERTY
Tangible objects which are temporary and movable, including but not limited to clothes, furniture, vehicles, tools, jewelry, household items and books.
PERSONAL PROPERTY SALE
The offering of more than five items of tangible personal property for sale, including a "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "moving sale," "estate sale," or any similar sale which occurs on a lot on which a dwelling is located.
RESIDENT
A person who has his principal place of abode in the Town of Babylon.
SELLER
A person who sells or contracts to sell goods.

§ 166-3 Permit required.

A. 
A personal property sale is prohibited unless:
(1) 
The seller resides on the lot.
(2) 
The goods for sale are owned by or in the control of the seller or another person at that lot.
(3) 
The seller has first obtained a permit from the Town Clerk.
B. 
An application for a permit to conduct a personal property sale must be presented to the Town Clerk and contain the following information:
(1) 
The name of the person conducting the personal property sale.
(2) 
The name of the owner of the lot on which the personal property sale is to be conducted and the consent of the owner if the applicant is other than the owner.
(3) 
The location of the proposed personal property sale.
(4) 
Proof of residency or ownership of the lot.
(5) 
The dates and the number of days of the personal property sale.
(6) 
The date of any previous personal property sale.

§ 166-4 Conditions of sale.

A. 
A permit for a personal property sale is valid only for the dates indicated thereon.
B. 
Personal property sales are only to be held on weekends (Friday, Saturday and Sunday only).
C. 
A personal property sale shall not exceed two consecutive calendar days.
D. 
No more than four personal property sales may be permitted per year, per lot.
E. 
During a personal property sale, the permit issued by the Town Clerk must be at all times displayed so that it is clearly visible from the street.
F. 
Items shall be kept within the boundaries of the lot where the personal property sale is conducted and may not be located on any public sidewalk, parkway, street, alley or public property.
G. 
Items for sale may not be hung on fences or landscaping.
H. 
Any signs advertising a garage sale or personal property sale must be removed within 24 hours of the last day of the personal property sale.

§ 166-5 Penalties for offenses.

A violation of this chapter shall be punishable by a fine of not less than $100 nor more than $500 which must be imposed for conviction of a first offense; for a conviction of a second offense within a period of five years, a fine not less than $500 nor more than $1,000 must be imposed; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, a fine not less than $1,000 nor more than $2,500 must be imposed. Each day's continued violation shall constitute a separate additional violation.

§ 166-6 Sales by charitable organizations.

Any charitable organization conducting a personal property sale of goods owned or controlled by it must first obtain a permit from the Town Clerk, subject to the provisions of this chapter. This permit must be obtained by a resident of the Town of Babylon.

§ 166-7 When effective.

The provisions of this chapter shall be in effect upon filing of this local law with the Department of State.