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.