Village of Muttontown, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Muttontown 7-22-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
For the purpose of this chapter, the following terms will be defined as follows:
AUCTION
Any public or private sale and viewing of goods which are sold to the highest bidder.
BOARD OF TRUSTEES
The majority of the Board of Trustees of the Village or a representative designated by the Board of Trustees to issue permits on behalf of the Board under this chapter.
GOODS
Includes all personal property capable of being sold. Personal property not owned by the owner of the premises and not stored or kept on the premises where the sale or auction is to be held for at least 120 days prior to a sale or auction will not be deemed goods under this chapter and will not be sold within the Village.
PERSON
Any individual, partnership, voluntary association, corporation or firm or group of any of the above.
SALE
Includes all types of tangible person property sales, such as those commonly known as a "garage sale," "lawn sale," "attic sale," "rummage sale" or "tag sale" (including examination of goods prior to the sale), which are promoted by any methods of advertising.
VILLAGE
The incorporated Village of Muttontown.
No person shall conduct, permit or cause to be conducted a sale or auction on any property in the Village without first obtaining a permit from the Village. An application must be filed, with the required fee, with the Village Clerk 30 days before the proposed date of the sale or auction. A permit for a sale will be issued by the Village Clerk. A permit for an auction will be issued by the Board of Trustees. A sale or auction may not be held for more than three consecutive days. Only one sale or auction permit will be issued within any twelve-month period to any property owner in the Village.
[Amended 9-11-2000 by L.L. No. 3-2000]
A. 
The fee for an auction permit will be as provided in § 67-7 of Chapter 67, Fees and Deposits. In addition to the permit fee, a refundable security deposit as provided in § 67-7 will accompany each auction permit application to ensure compliance with the terms of the issued auction permit.
B. 
The fee for a sale permit will be as provided in § 67-7 of Chapter 67, Fees and Deposits. If the sale is to be held for more than one day, an additional fee as provided in § 67-7 will be charged for each additional day.
The permit application for a sale or auction will contain the following information:
A. 
The name of the property owner or applicant who is acting as the agent of the owner.
B. 
The location, date, time and duration of the event.
C. 
The number of persons expected to attend.
D. 
The sworn statement or affirmation by the applicant that the information in the application is accurate and complete and that the goods to be sold or auctioned are in compliance with the definition of "goods" in § 24-1 of this chapter.
E. 
Has a prior Village sale or auction permit been requested or issued? If so, when?
F. 
A description of the proposed traffic control and parking arrangements for the activity.
G. 
Methods of advertising and promotion, including the names of newspapers, if any, in which the sale or auction will be advertised.
H. 
Details with respect to sanitary facilities to be provided.
All permits issued under this chapter will be subject to the following regulations and requirements:
A. 
A sale or auction will be conducted between the hours of 10:00 a.m. and 5:00 p.m.
B. 
Only the owner of the property or his authorized agent may conduct a sale or auction.
C. 
Personal property being sold or auctioned must qualify as "goods" as defined by this chapter.
D. 
The Village permit must be posted in a conspicuous place at the sale location.
E. 
One sign, not larger than two feet by three feet, may be installed on the property where the sale or auction will be held. This sign will not be posted more than 24 hours prior to the event and must be removed within 24 hours after the completion of the event.
F. 
No signs will be posted off the premises in connection with any sale or auction, unless set forth in the approved Village permit.
G. 
If, due to inclement weather on the date for which the permit is issued, a sale or auction is not held, the Village Clerk may renew the permit without an additional fee for an additional 30 days, provided that an affidavit by the permit holder is submitted verifying the reason for the postponement.
H. 
Not more than one sale or auction permit may be issued at the same location during any twelve-month period.
I. 
No permit will be issued for a sale or auction without the applicant obtaining the approval of the Old Brookville Police Department.
J. 
The Board of Trustees may impose such conditions as may be reasonable to protect Village residents from noise and inconvenience, to preserve the residential character of the Village and to further the public intent and general welfare of the Village.
A. 
The Code Enforcement Officer, police officer or any other person duly authorized by the Board of Trustees will be empowered, in accordance with legal authority, to enforce the provisions of this chapter and to enter any building or premises to discharge lawfully his duties, including the issuance of an appearance ticket for violations of this chapter.
B. 
Any person conducting, permitting or allowing an auction or sale to be held within the Village without a permit issued under this chapter or any person who violates or permits to be violated any terms and regulations of this chapter or an issued permit will, upon conviction, be fined not less than $50 nor more than $250 or imprisoned for not more than 15 days, or both.
[Amended 9-11-2000 by L.L. No. 3-2000]
C. 
The Village has the right to utilize the auction security deposit for reimbursement of any expenses or charges incurred by the Village in connection with the enforcement of this chapter and the issued permit.
A. 
The Village Clerk will forward each application for a sale or auction to the Old Brookville Police Department for the Department's recommendation concerning parking, traffic control, crowd control and other issues of public health, safety and welfare. It is the responsibility of the applicant to obtain a police parking permit, if required.
B. 
The Village, as a condition of the issuance of a sale or auction permit, may require the applicant to utilize authorized or approved personnel to direct and control traffic.
A. 
The Board of Trustees may waive or modify any of the requirements of this chapter in issuing a permit, provided that the applicant demonstrates to the satisfaction of the Board of Trustees that a severe hardship will result from compliance with the requirements and provided that the waiver or modification will not adversely affect the health, safety, public welfare and property values of the Village.
[Amended 9-11-2000 by L.L. No. 3-2000]
B. 
The Board of Trustees is also authorized, at a public meeting, by resolution, to promulgate rules and regulations and to increase administrative fees, as the Board of Trustees may determine necessary and proper for the administration and enforcement of this chapter.