[HISTORY: Adopted by the Board of Trustees of the Village of Islandia
during codification 1-26-1988 by L.L. No. 7-1988;
see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
It shall be unlawful for any person or persons to conduct a garage sale
in the Village of Islandia without first obtaining a license and complying
with the regulations set forth herein.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale" or "flea market sale" or any similar casual sale of tangible
personal property which is advertised by any means whereby the public at large
is or can be made aware of said sale.
Includes individuals, partnerships, voluntary associations and corporations.
Garage sales in the Village of Islandia shall be regulated in the following
manner:
A.
Merchandise. Garage sales shall offer only used, unwanted
items of personal property owned by the resident of the property where the
sale is held. No new merchandise shall be offered for sale, nor may new merchandise
from other sources be brought in and offered for sale.
[Amended 8-2-2005 by L.L. No. 5-2005]
B.
Hours. Garage sales shall not commence before 10:00 a.m.
and must terminate by 6:00 p.m.
[Amended 8-2-2005 by L.L. No. 5-2005]
C.
No person shall conduct more than four garage sales on
his premises in any one calendar year. Only two of the four permitted garage
sales may be held between Memorial Day and Labor Day. Such sales may not extend
for a period of more than three days. Exceptions to this section may be made
upon application to the Board of Trustees.
[Amended 7-11-1991 by L.L. No. 2-1991; 8-2-2005
by L.L. No. 5-2005]
D.
Signs.
[Amended 8-2-2005 by L.L. No. 5-2005]
(1)
Garage sales may be advertised through the newspaper
or other news media. A sign, not greater in size than three feet by three
feet, may be installed on the property where the sale is being conducted.
(2)
No more than 10 signs shall be placed on the Village
public right-of-way or on property other than where the sale is being conducted.
No lighted sign shall be used.
(3)
The signs shall be displayed only during the sale and
shall be promptly removed within 24 hours after the sale.
E.
License. Upon application, either in person
or by mail, the Village Clerk is authorized to issue a license upon payment
of a fee to be established by resolution of the Board of Trustees.
The information to be filed with the Village Clerk, pursuant to this
chapter, shall be as follows:
A.
The name of the person, firm, group, corporation, association
or organization conducting said sale.
B.
The name of the owner of the property on which said sale
is to be conducted and the consent of the owner if the applicant is other
than the owner.
C.
The location at which the sale is to be conducted.
D.
The number of days of the sale.
E.
The date and nature of any past sale.
F.
The relationship or connection the applicant may have
had with any other person, firm, group, organization, association or corporation
conducting said sale and the date or dates of such sale.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
A sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him to be
so.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
Any person selling or advertising for sale an item or
items of personal property which are specifically named or described in the
advertisement and which separate items do not exceed five in number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without knowledge
that the provisions of this chapter have not been complied with.
E.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter 177, Zoning, of the Village of Islandia or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor, which sale would be conducted from properly zoned premises and not otherwise prohibited.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall be on
the organization or institution claiming such exemption.
A.
This chapter shall be enforced by the Code Enforcement
Officer and the Village Engineer.
B.
The person to whom such license is issued and the owner
or tenant of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order and
decorum on the premises during all hours of such sale or activity. No such
person shall permit loud or boisterous conduct on said premises nor permit
vehicles to impede the passage of traffic on any roads or streets in the area
of such premises. All such persons shall obey the reasonable orders of any
member of the Police Department or Fire Department of the Village of Islandia
in order to maintain the public health, safety and welfare.
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.
