[HISTORY: Adopted by the Town Board of the Town of Babylon
by L.L. No. 18-2015. Amendments
noted where applicable.]
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:
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.
A consecutive twenty-four-hour period beginning at midnight.
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.
An individual.
Tangible objects which are temporary and movable, including
but not limited to clothes, furniture, vehicles, tools, jewelry, household
items and books.
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.
A person who has his principal place of abode in the Town
of Babylon.
A person who sells or contracts to sell goods.
B.Â
An application for a permit to conduct a personal property sale must
be presented to the Town Clerk and contain the following information:
(1)Â
The name of the person conducting the personal property sale.
(2)Â
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)Â
The location of the proposed personal property sale.
(4)Â
Proof of residency or ownership of the lot.
(5)Â
The dates and the number of days of the personal property sale.
(6)Â
The date of any previous personal property sale.
A.Â
A permit for a personal property sale is valid only for the dates
indicated thereon.
B.Â
Personal property sales are only to be held on weekends (Friday,
Saturday and Sunday only).
C.Â
A personal property sale shall not exceed two consecutive calendar
days.
D.Â
No more than four personal property sales may be permitted per year,
per lot.
E.Â
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.Â
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.Â
Items for sale may not be hung on fences or landscaping.
H.Â
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.
[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.
