[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:
Any public or private sale and viewing of goods which are
sold to the highest bidder.
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.
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.
Any individual, partnership, voluntary association, corporation
or firm or group of any of the above.
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.
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]
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.
