[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook 8-15-1977 by L.L. No. 10-1977 as Ch. 14, Art. XIII, of the 1967 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 72.
Christmas trees — See Ch. 94.
Junk dealers — See Ch. 149.
Licenses — See Ch. 153.
Peddling and soliciting — See Ch. 178.
Special sales — See Ch. 192.
Dealers in secondhand merchandise — See Ch. 195.
Signs — See Ch. 203.
Zoning — See Ch. 252.
[Amended 10-16-1995 by L.L. No. 11-1995]
As used in this chapter, the following terms shall have the meanings indicated:
FAMILY
Any number of individuals related by blood, marriage or adoption, living and cooking together on the premises as a single housekeeping unit, and may include servants living in, or not more than two paying lodgers or boarders.
GARAGE SALE
Includes all sales commonly known as "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "porch sale," "yard sale," "basement sale," "tag sale" or any other similar casual sale of personal property which is advertised by any means whereby the public at large is made aware of said sale.
GOODS
Includes 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.
PERSON
Includes individuals, partnerships, unincorporated associates and corporations.
A. 
It shall be unlawful for any person to conduct a garage sale in the Village of Lynbrook without first filing with the Village Clerk the information hereinafter specified and obtaining from such Village Clerk a permit to do so, to be known as a "garage sale permit." The fee for said permit shall be in such amount as set by resolution of the Board of Trustees.
[Amended 12-2-2002 by L.L. No. 6-2002]
B. 
The permit shall be issued only upon the submission of proof by the applicant that proper safety and environmental precautionary measures have been taken for the benefit of the public.
A. 
Such permit shall be issued to one person or to any one individual in a family only once within a twelve-month period, except that an additional garage sale may be conducted when the real property owned by the applicant has been contracted to be sold and the applicant subsequently moves to another residence. No such permit shall be issued for more than two consecutive days. In the event that the garage sale is rained out, an alternate date or dates may be granted at the discretion of the Village Clerk.
[Amended 10-16-1995 by L.L. No. 11-1995]
B. 
Each permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
The information to be filed with the Village Clerk pursuant to this chapter shall be as follows:
A. 
Name and address of person conducting said sale.
B. 
Name and address 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. 
Address and location of premises on which the sale is to be conducted.
D. 
Number of days of sale.
E. 
Date and nature of any prior sale.
F. 
Relationship the applicant may have had with any other person conducting said prior sale and the date or dates thereof.
G. 
Whether or not the applicant has been issued any other vendor's license or permit by any local, state or federal agency.
H. 
Sworn statement or affirmation by the applicant that the information given therein is full, true and accurate.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
A. 
Garage sales may be advertised through a newspaper or other news media. A sign not greater in size than two by two feet may be placed on the property where the sale is being conducted.
B. 
No sign shall be placed on the public right-of-way or on property other than the place where the sale is being conducted. No lighted sign shall be used.
C. 
The sign shall be displayed only during the sale and shall be removed immediately after the completion of the sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order of 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 other business establishment from or at a place of business wherein such sale would be permitted by the Zoning Ordinance[1] of the Village of Lynbrook.
[1]
Editor's Note: See Ch. 252, Zoning.
F. 
Any bona fide religious, charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be upon the organization or institution claiming such exemption.
A. 
A police officer or any other official designated by the village to make inspections under this chapter shall have the right of entry to any premises upon which a garage sale is being conducted for the purpose of enforcement or inspection and may close the premises and stop any such sale or arrest any person who violates the provisions of this chapter.
B. 
The person to whom such permit is issued and the owner of the premises on which such sale 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. No such person shall permit any loud or boisterous conduct on said premises or permit motor vehicles to impede the passage of traffic on any roads or streets in the area of said premises. All such persons shall obey the reasonable orders of any member of the Police Department or the Fire Department of the Village of Lynbrook so that the public health, safety and welfare may be maintained.
Any person conducting any such garage sale without having a valid permit therefor or who shall violate any of the other provisions of this chapter shall, upon conviction, be punishable by a fine of not less than $25 nor more than $250. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.