[HISTORY: Adopted by the Board of Trustees
of the Village of Westhampton Beach 6-13-1986 by L.L. No. 8-1986.
Amendments noted where applicable.]
The Board of Trustees has recently become concerned
with the uncontrolled use of curb areas and lawn areas, and the like,
throughout the community for the sale of motor vehicles. The use of
these areas for this type of activity creates, in the opinion of the
Board of Trustees, unsafe conditions for pedestrians and vehicle traffic
and results in disruption of the immediate area, as well as a possible
diminution in the attractiveness particularly of residential areas
in the vicinity of this type of activity. The intention of this chapter
is to regulate but not prohibit this activity toward providing the
Village with notice of the activity and limiting the activity as provided
within this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
All motor vehicles subject to registration under the Vehicle
and Traffic Law, as well as all-terrain vehicles, trailers and boats.
Within all zoning classification districts of the Village, except as an expressly permitted principal or accessory use under Chapter 197, Zoning, of the Code of the Village of Westhampton Beach, the use of public property for the display or parking of vehicles with "for sale" signs shall be prohibited, except as provided herein.
It shall be unlawful to park a vehicle for purposes
of sale or with a "for sale" sign on any public or private property
without the prior written consent of the owner of the subject property.
Any parking display of a vehicle for purpose
of sale shall be subject to the issuance of a permit from the Village
Police Department as follows:
A.
Any permit issued hereunder shall automatically expire
unless renewed within 14 days of its issuance, and no permit shall
be renewed more than once within any thirty-day period. A renewal
shall expire in 14 days.
[Amended 1-5-2012 by L.L. No. 1-2012]
B.
No permit shall be issued for the parking of a vehicle
or display of a vehicle for purposes of sale within the right-of-way
of any street, road, way or highway within the Village of Westhampton
Beach.
C.
No permit shall be issued permitting the parking or
display of a vehicle for sale on any lawn area, and all said permits
shall be limited to the driveway or traditional parking area on any
parcel, which said parking area functions as a driveway or shunt of
a driveway.
D.
Any advertisement on a vehicle which is offered for
sale pursuant to a permit issued hereunder shall be limited to a single
"for sale" sign, with dimensions not to exceed one foot square, and
no flags, banners, directional signs or the like shall be utilized
incident to the sale activity.
[Amended 4-8-1988 by L.L. No. 9-1988]
E.
There shall
be only one vehicle displayed for sale during any fourteen-day period
on any commercial or business property.
[Added 1-5-2012 by L.L. No. 1-2012]
F.
A permit
may only be issued to the owner or the tenant of the property.
[Added 1-5-2012 by L.L. No. 1-2012]
G.
The fees
for the issuance of a permit shall be as follows:
[Added 1-5-2012 by L.L. No. 1-2012]
(1)
There
shall be no fee for the issuance of a permit for vehicles located
on private property, provided that the vehicle is registered to the
owner or tenant or relative of the owner or tenant living on the property.
In all other instances the fee shall be $5 for the first permit issued
within any thirty-day period and $100 for the second permit issued
to the same owner or tenant with respect to the same vehicle within
any thirty-day period.
The display on or about a vehicle of any sign,
sticker, writing or other indication that the vehicle is for sale
shall be presumptive evidence that said vehicle is parked or displayed
for purposes of sale.
[Amended 4-8-1988 by L.L. No. 9-1988; 1-5-2012 by L.L. No. 1-2012]
Each day that said vehicle is parked or displayed
in violation of this chapter shall constitute a separate and distinct
offense, and any said vehicle parked or displayed in violation of
this chapter in excess of 14 days shall be considered an abandoned
vehicle pursuant to Vehicle and Traffic Law § 1224, to be
removed by the Village or its delegated representative at the owner's
sole cost and expense.
[Added 4-8-1988 by L.L. No. 9-1988]
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be guilty
of a violation pursuant to the Penal Law of the State of New York,
punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
