[HISTORY: Adopted by the Board of Trustees
of the Village of Brightwaters 2-4-1974 (Ch. 33 of the 1972 Code). Sections 97-3B,
97-4 and 97-8 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licensed occupations — See Ch. 75.
It is the intent of these regulations to prohibit
the infringement of any businesses in any established residential
areas and in so doing to regulate the term and frequency of personal
property sales (such as garage sales, porch sales, basement sales,
yard sales and other similar types of sales) 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.
[Amended 2-7-2011 by L.L. No. 2-2011]
Any person desirous of holding a personal property
sale (such as but not limited to a garage sale, basement sale, porch
sale or yard sale) or resale of used household, clothing or any personal
property items which are owned by the residents of the premises shall
obtain a permit therefor from the Village Clerk at least 48 hours
prior to the sale.
[Amended 11-4-1991 by L.L. No. 4-1991; 2-7-2011 by L.L. No. 3-2011]
The permit fee for each sale shall be as set
by resolution of the Board of Trustees from time to time.[1] Any sale commenced without a permit having been obtained
first shall subject the person conducting same to a date-of-sale permit
fee in an amount of twice the permit fee in place at that time.
[1]
Editor's Note: The current fee schedule is available from
the Village Clerk at the Village offices during regular office hours.
Application for a permit shall be made to the
Village Clerk upon forms furnished by the Village Clerk's office.
A.Â
The permit shall be valid only upon a proper showing
and finding by the Village officer that proper safety and environmental
precautions have been taken for the public.
B.Â
The permit shall be posted on the premises in a conspicuous
place so as to be seen by the public and code enforcement officers.
C.Â
One sale sign may be posted on the property. The sign
shall be removed from the property the day following the sale. Additionally,
if the person conducting the sale provides the Village Clerk with
two sale signs, no larger than 8.5 inches by 11 inches, no less than
48 hours before the start of the sale, the Village will post one at
Village Hall and the other on the Village's Community Bulletin Board
outside of the Brightwaters Post Office on Orinoco Drive. No sale
sign shall be affixed to any tree, fence, pole or structure, other
than on the sale premises, anywhere in the Village.
[Amended 2-7-2011 by L.L. No. 4-2011]
A police officer or any other official designated
by any Village local law and/or ordinance to make inspections under
the licensing or regulating local law and/or ordinance or to enforce
the same shall have the right of entry to any premises showing evidence
of a personal property sale for the purpose of enforcement or inspection
and may close the premises from such a sale or arrest and/or issue
summons for violating this chapter to any person who violates the
provisions of this chapter.
[Amended 11-4-1991 by L.L. No. 4-1991]
A violation of this chapter shall be punishable
by a fine not to exceed $250 and/or 15 days in jail for each day of
occurrence.
