As used in this chapter, the following terms shall have the
meanings indicated:
GOODS
Includes any personal property capable of being the object
of a sale regulated hereunder and real property if sold at an auction.
OPEN HOUSE SALE
Includes all sales entitled "open house sale," "open home
sale" and "sale of home" or any similar sale of real property, unimproved
or improved, with a one-family dwelling within a one- or two-day period
or the examination of any one-family dwelling prior to the sale of
said one-family dwelling which is promoted by any means whatsoever.
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
PERSONAL PROPERTY SALE
Includes all sales entitled "garage sale," "lawn sale," "auction"
or similar sale of five or more pieces of personal property within
a one- or two-day period or the examination of personal property prior
to the sale of tangible personal property which is promoted by any
means whatsoever.
It shall be unlawful for any person to conduct any personal
property sale or open house sale in the Village of Centre Island without
first filing with the Village Clerk the application and fees hereinafter
specified and obtaining from the Village Clerk a permit to conduct
such sale.
It shall be unlawful to sell at a personal property sale goods
not owned by the owner of the property on which the personal property
sale is conducted or his tenant, which tenant shall have been continuously
on such property for not less than six months prior to the date of
the sale.
All personal property sales and open house sales shall be conducted
between the hours of 10:00 a.m. and 4:00 p.m. on Friday or Saturday,
or both consecutively, in any given week only.
No signs, posters or other forms of advertising noticing to
the public the existence of the personal property sale or open house
sale may be placed upon the real property upon which the sale is conducted
prior to the day on which the sale is to be conducted.
The personal property and contents of a home which are the subject
of a personal property sale shall be displayed wholly within the interior
of the dwelling or the garage where the sale is to take place, except
for the sale of personal property which customarily has been located
at the exterior of the dwelling or used outside the dwelling or the
garage situated thereat.
The information to be filed with the Village Clerk pursuant
to this chapter, on forms to be provided by the Village Clerk, shall
be as follows:
A. The name of the person, firm, group, corporation, association or
organization conducting the sale.
B. The name of the owner of the property on which said sale is to be
conducted and the written 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 all past sales in the Village of Centre Island.
F. The relationship or connection the applicant had with any other person,
firm, group, organization, association or corporation conducting any
past sale and the date or dates of such sales.
G. A sworn statement or affirmation by the applicant stating that the
information therein given is full and true and known to him to be
so.
H. A detailed description of parking facilities on the premises, together
with an estimate of the number of automobiles which may be safely
handled on the property.
I. The method of advertising and promotion, including the names of newspapers,
if any, in which the sale is to be advertised.
No permit for a personal property sale or open house sale, as
defined by this chapter, shall be issued except by the Village Clerk
or the Deputy Village Clerk upon a proper and sufficient showing by
the applicant and a determination by the Village Clerk or Deputy Village
Clerk that the provisions of this chapter have been or will be complied
with and that proper safety and traffic precautions have been taken
or will be taken to protect the public health, safety and welfare.
The Village Clerk, the Deputy Village Clerk, the Village Building
Inspector, a police officer or any other person designated by the
Mayor shall have the authority and right to enter upon any premises
whereat a personal property sale or open house sale which is the subject
of this chapter, is being conducted for the purposes of inspection
for the existence of a permit, and such authorized person shall have
the right and power to direct the immediate cessation and closing
of such sale upon probable cause that the sale is being conducted
in violation of this chapter.
A permit issued pursuant to the provisions of this chapter shall
be conspicuously displayed at the premises at all times during such
sale and shall be exhibited to any person authorized to inspect therefor
as set forth above.