[HISTORY: Adopted by the Board of Trustees of the Village of Rockville
Centre 12-8-1980 by L.L. No. 14-1980.
Amendments noted where applicable.]
It shall be unlawful for any person or persons to conduct a garage sale
in the Incorporated Village of Rockville Centre without first obtaining a
license and complying with the regulations set forth herein.
As used in this chapter, the following terms shall have the meaning
indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale" or "flea market 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.
Includes individuals, partnerships, voluntary associations and corporations.
Garage sales in the Village of Rockville Centre shall be regulated in
the following manner:
A.
Merchandise. Garage sales shall offer only used, unwanted
items of personal property owned by the resident of the property where the
sale is held. No new merchandise shall be offered for sale, nor may new merchandise
from other sources be brought in and offered for sale.
B.
Hours. Garage sales shall not commence before 10:00 a.m.
and must terminate by 6:00 p.m.
C.
No person shall conduct more than one garage sale on
his premises in any one calendar year. Such sale may not extend for a period
of more than three days.
D.
Signs.
(1)
Garage sales may be advertised through the newspaper
or other news media. A sign, not greater in size than three feet by three
feet may be installed on the property where the sale is being conducted.
(2)
No sign shall be placed on the public right-of-way or
on property other than where the sale is being conducted. No lighted sign
shall be used.
(3)
The sign shall be displayed only during the sale and
shall be promptly removed after the sale.
F.
License. Upon application, either in person or by mail,
the Village Clerk is authorized to issue a license upon payment of the fee
established by resolution of the Board of Trustees of the Village of Rockville
Centre.
The information to be filed with the Village Clerk pursuant to this
chapter shall be as follows:
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 said sale and the date or dates of such sale.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to an order of 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 Rockville Centre
or under the protection of the nonconforming use section thereof 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.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall be on
the organization or institution claiming such exemption.
A.
This chapter shall be enforced by the Police Department
and the Superintendent of Public Works.
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 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 Police Department or Fire Department of the Village of Rockville
Centre in order to maintain the public health, safety and welfare.
Any person, association or corporation conducting any such sale or similar
activity without being properly licensed therefor or who shall violate any
of the other terms and regulations of this chapter shall, upon conviction,
be fined not less than $25 nor more than $100. Each day that such sale continues
without being duly licensed shall be considered a separate violation.
