Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 9-30-1975 as L.L. No. 22-1975 (Ch. 50 of the 1968 Code of the Village of Lindenhurst). Sections 149-3, 149-4C and 149-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 129.

§ 149-1 Legislative intent.

It is the intent of these regulations to prohibit the infringement of any businesses or business activities in any established residential areas and, in so doing, to regulate the term and frequency of a personal property sale so as not to disturb or disrupt the residential environment of the area. It is not the intent of this chapter to seek control of sales by individuals selling a few of their household or personal items.

§ 149-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
SALES OF PERSONAL PROPERTY
Includes all sales entitled "garage sale," "lawn sale," "yard sale," "flea market sale," "attic sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of said sale or which is open to the public.

§ 149-3 Permit required; fee.

[Amended 8-20-1987 by L.L. No. 10-1987[1]]
It shall be unlawful for any person to conduct a sale of personal property in the Village of Lindenhurst without first filing with the Village Building Inspector the information hereinafter specified and obtaining from such Building Inspector a license to conduct said sale, to be known as a "personal property sale license." The fee for such license shall be and the same is hereby fixed at $10.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 149-4 Term and limitation of permits; display.

A. 
Permits shall be limited to one per calendar year, per residential dwelling. Charitable, religious and civic organizations may be allowed more than one license with the approval of the Village Board.
B. 
Permits issued shall be valid for a term not exceeding three consecutive calendar days.
C. 
Permits must be prominently affixed to the outside of the front door of the premises upon which the sale is being conducted throughout the entire period of the licensed sale.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 149-5 Information to be filed.

The information to be filed with the Building Inspector pursuant to this chapter shall include:
A. 
The name of the person, firm, group, corporation, association or organization conducting said sale.
B. 
The name of the owner of the property on which said sale is to be conducted and the consent of the owner if the applicant is other than the owner.
C. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale.
E. 
The date and nature of any past sale.
F. 
The relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting any sale held within one calendar year prior to the date of this application and the date or dates of such sale.
G. 
A sworn statement of affirmation by the person signing that the information therein given is full and true and known to him to be so and that he will comply fully with all provisions of this chapter and any other applicable village ordinances.

§ 149-6 Hours of sale.

All sales of personal property shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.

§ 149-7 Signs.

A. 
It shall be unlawful for any person, firm or corporation to post or erect any sign, placard, banner, handbill or other notice on public property (including street signs, trees and poles) or across or above any street, sidewalk or other public property, which notice advertises the sale of personal property or directs persons to the premises where personal property is being sold.
B. 
No such sign, placard, banner, handbill or other notice shall be posted or erected on private property without the permission of the property owner.
C. 
All signs must be removed within 24 hours after completion of the sale.

§ 149-8 Exemptions.

The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order or 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 Lindenhurst or under the protection of the nonconforming use section thereof[1] 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 the village ordinances.
[1]
Editor's Note: See Ch. 193, Zoning, § 193-179.

§ 149-9 Enforcement; right of entry; conduct of sale.

A. 
A police officer or the Building Inspector and/or Deputy Building Inspector of the village shall have the right of entry to any premises showing evidence of a personal property sale, for the purposes of enforcement or inspection, and may close the premises from such a sale or issue a summons for violating this chapter to any person who violates the provisions of this chapter.
B. 
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. All such persons shall obey the reasonable orders of any member of the Suffolk County Police Department of the Village of Lindenhurst in order to maintain the public health, safety and welfare.

§ 149-10 Penalties for offenses. [1]

Any person, corporation or association violating any of the provisions of this chapter shall be punishable by a fine or penalty of not less than $50 nor more than $250 for every offense, and an additional punishment of incarceration may be imposed in accordance with the disorderly conduct section of the Penal Law of the State of New York. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.