[HISTORY: Adopted by the Board of Trustees
of the Village of Clyde 9-1-1988 by L.L. No. 2-1988. Amendments noted where
applicable.]
As used in this chapter, unless the context
or subject matter otherwise requires:
The mother, father, child, aunt, uncle, or first cousin of
the licensee.
The sale on residential premises of personal property, including
but not limited to furniture, appliances, furnishings, clothing, bric-a-brac,
antiques, toys, tools and similar items used about a household or
person, other than by auction or the sale of the entire contents of
a household.
Any person residing within 1,000 feet of the place of sale.
No person shall conduct a garage sale, porch
sale, yard sale or other similar type sale in the Village without
first obtaining a license therefor from the Village Clerk.
A.
License fee. A fee, as set by resolution of the Board
of Trustees, shall be paid for each application. Application must
be made with the Village Clerk. There shall be a limit of two garage
sales per year per individual family.
[Amended 5-4-1989 by L.L. No. 4-1989[1]]
B.
Term. A garage sale license shall be valid for no
more than three consecutive days in any calendar year and is renewable
only once during the same calendar year.
A.
Any person desiring to procure a license as herein
provided shall file with the Village Clerk a written application upon
a form furnished by the Village Clerk. Such application shall be under
oath and provide the following information:
(1)
The name, address and age of the applicant.
(2)
The address where the garage sale is to take place.
(3)
The dates on which the garage sale is to be conducted.
(4)
The last date on which a garage sale was conducted
on the premises.
(5)
Such other information as may be required by the Village
Clerk to determine the veracity or to clarify any of the prior statements
required in this section.
B.
Upon such compliance, the Village Clerk shall issue
the license to such person.
A.
Grant; refusal; appeal. Upon the filing of the application, as provided in § 93-4, the Village Clerk shall issue to the applicant a license as provided in § 93-4 hereof. Any applicant who has been refused a license by the Village Clerk may apply to the Village Board therefor, and the same may be granted or refused by the Village Board after a hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel and present evidence on his or her behalf.
B.
Use. A license shall not be assignable. Any holder
of such license who permits it to be used by another person, and any
person who uses such license granted to any other person, shall each
be guilty of a violation of this chapter.
C.
Contents. A copy of all licenses shall be filed in
the Village Clerk's office and shall state clearly the kind of vehicle,
if any, to be used, and the kind of goods, wares or merchandise to
be sold or service to be rendered, the dates of issuance and expiration
of the license, the fee paid and the name and address of the licensee.
D.
Display. Every license shall be displayed prominently
at the place of sale during the conduct of such garage sale.
Any license may be suspended by any police officer
where there are reasonable grounds to believe that violation of law
or of this chapter has taken place or is about to take place in the
conduct of the sale until a hearing can be held before the Village
Board. A license may be revoked after a public hearing at which the
applicant shall be given the opportunity to be heard and to be represented
by counsel and present evidence on his or her behalf.
A.
Advertising signs will be allowed. The size of the
sign must conform with applicable requirements and shall not be posted
earlier than one week before the sale commences and must be removed
within two days after the sale. Failure to remove all signs within
the time allotted will be cause to forfeit any future permits.
[Amended 5-4-1989 by L.L. No. 4-1989]
B.
Ownership of merchandise. Merchandise offered for
sale may be only merchandise that the licensee or a member of his
or her household owns. However, merchandise owned by a neighbor or
close relative may also be offered for sale if owned by such person.
Any merchandise offered for sale not owned by the licensee shall be
tagged with the owner's name and address.
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine not to exceed $250 or imprisonment of not more than 15 days,
or both.
