[HISTORY: Adopted by the Board of Trustees
of the Village of Patchogue as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-12-1971; amended in its entirety 2-11-1974 (Ch. 70 of
the 1968 Code)]
For the purpose of this article, the terms used
herein are defined as follows:
Items purchased or acquired by the residents of any residential
premises for their personal use and not for the purpose of resale
and items delivered to any resident of any residential premises by
members of a political, religious, charitable, community service or
fraternal organization for the sole purpose of raising funds for any
such organization.
[1][1]
Editor's Note: The original definition of
"yard sale," and original § 70-2, Yard sales prohibited,
as amended, both of which followed this definition, were repealed
6-22-1981 by L.L. No. 10-1981.
[Amended 6-22-1981 by L.L. No. 10-1981]
Any person desiring to sell personal property
as defined above on residential premises may hold such sale only upon
obtaining a permit therefor from the Mayor of the Village of Patchogue.
Any such permit shall be effective for a term
not exceeding two consecutive calendar days and no more than two permits
per residential premises shall be granted in any calendar year.
Application for a permit shall be on a form
prescribed by the Mayor and shall be accompanied by a fee for each
such permit as shall be set from time to time by resolution of the
Board of Trustees.[2]
A.
No advertisement or notice of such sale shall be posted
on any premises or public property other than one sign not to measure
more than two feet by four feet, the top of which shall not be more
than five feet above grade and shall be set back at least 10 feet
from the property line of the premises at which such sale is being
conducted and which may be displayed only on such premises.
B.
The permit shall be posted in a conspicuous place
on the premises in which the sale is conducted during the entire sale.
C.
The sale shall be conducted in such a manner so as
not to create hazardous conditions or to hamper or impede pedestrian
or vehicular traffic.
D.
Any such sale shall be conducted solely during daylight
hours unless additional hours are specifically permitted under the
terms of the permit.
E.
If any such sale shall be conducted outside of the
building or buildings located on any residential building lot, same
shall be confined to the rear yard of the premises which shall be
all of that portion of said premises between the rear property line
and the rear line of the principal residence building on said lot.
[Added 6-22-1981 by L.L. No. 10-1981]
By applying for a permit hereunder, the applicant
consents and agrees to permit the Building Inspector, or any other
agent of the Village of Patchogue designated by the Mayor, to enter
the premises during reasonable hours for the purpose of enforcement
of this article or for the purpose of inspection to determine whether
or not any violation exists. Said entry shall be had only during the
hours of sale referred to above.
[Amended 8-8-1994 by L.L. No. 11-1994[1]]
Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-1 of the Code of the Village of Patchogue.
The Mayor may revoke any permit issued pursuant to this article without prior notice for any violation of any of the provisions of this article. In addition, any such permit may also be revoked with prior notice for any of the grounds set forth in § 255-9 of this Code.
[Adopted 9-22-1975 by L.L. No. 12-1975 (Ch. 67 of the 1968 Code)]
[Amended 4-13-1992 by L.L. No. 3-1992]
A.
No person shall sell any wares or merchandise of any
nature nor store any such wares or merchandise upon any portion of
any nonresidential premises within the Village of Patchogue outside
of a building.
B.
However, the provisions of this section shall not
apply to the sale or storage of such items as are customarily offered
for sale within any building situated on the premises at which such
items are being sold or stored, with the exception that a special
permit from the Zoning Board of Appeals shall be required in the event
that such nonresidential premises used for sale or storage are adjacent
to any residentially used property.
C.
In addition, the Board of Trustees may exempt any
civic, religious, charitable or fraternal organization from the provisions
of this article by special permit specifying the conditions under
which such sale or storage of items for such sale may be held upon
written application of such organization.
[Amended 8-8-1994 by L.L. No. 11-1994; 9-9-1996 by L.L. No.
19-1996]
A person convicted of violating any of the provisions of this article shall be subject to the penalties provided for in § 1-1 of the Code of the Village of Patchogue.
