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.
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.
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.
[Amended 4-27-2022 by L.L. No. 10-2022; 12-20-2023 by L.L. No. 25-2023]
A violation of this chapter shall be an offense punishable by
a fine of not less than $500 nor more than $1,500 which must be imposed
for conviction of a first offense; for a conviction of a second offense
committed within a period of five years, a fine not less than $1,000
nor more than $2,000 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 $1,500 nor more than $2,500 must
be imposed. Each day's continued violation shall constitute a separate
additional offense. Any person found by the Bureau of Administrative
Adjudication to have violated any provision of this chapter shall
likewise be subject to a monetary penalty in an amount within the
range of fines authorized herein for a first offense and subsequent
offenses.
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.
The provisions of this chapter shall be in effect upon filing
of this local law with the Department of State.