This chapter shall be referred to as the "Auction and Public
Sales Ordinance of the Village of Kensington."
No auction or public sale shall be held in the Village of Kensington
unless the following conditions are complied with:
A. An application for a permit to conduct an auction sale must be submitted
to the Board of Trustees of the village in writing at least 15 days
prior to the holding of any such sale by the resident owner of the
property to be sold, and a permit issued.
B. The cost of such permit shall be at the per-day rate established
by resolution of the Board of Trustees, including the day of inspection,
if any.
C. No auction sale shall be held for more than three consecutive days,
nor shall there be more than one day of inspection.
D. The day or days of sale and or inspection shall be limited between
the hours of 9:00 a.m. and 5:00 p.m.
E. The applicant shall engage the services of (and pay for same) an
off-duty member of the Village of Kensington Police Force for the
purpose of directing traffic in the immediate area of the premises
in which the sale is being conducted.
F. The size and number of signs, directional and otherwise, shall be
as prescribed by the Board of Trustees. They shall not be erected
before the date of inspection, if any, or the first day of the sale,
and shall be removed by 6:00 p.m. of the day on which the sale is
completed.
G. There shall be no loudspeakers permitted other than a single loudspeaker
for purposes of conducting the sale, and the volume thereof shall
not reach beyond the audience.
H. The sale of any personal property in an auction or public sale shall
be limited solely to personal property owned by the resident-applicant,
except public sales conducted for the benefit of a bona fide charitable
organization shall be exempt from this provision.
I. A public sale, other than an auction sale or a public sale conducted
for the benefit of a bona fide charitable organization, may be held
no more often than once every two years and must be concluded on the
date set for said sale or the alternate rain date. Notice of any such
public sale must be given in writing to the Clerk of the village at
least 15 days prior to the sale date.
J. An auction sale shall be held no more than once by any individual
during the period of the individual's tenancy or ownership of
the real property in which the sale is located. However, the Board
of Trustees shall have the discretion to grant a permit to operate
an auction sale more than once if the facts presented in an application
to the Board warrant same.
K. An auction sale shall be deemed to include the sale of personal or
real property which is conducted at auction.
L. A public sale shall be deemed to include the sale of personal property
of any nature or kind held on any part of the premises on which the
sale is conducted by the owner or occupant thereof and which sale
is open to the public. However, the sale of less than six items of
personal property through newspaper advertising shall not be deemed
a public sale.
[Amended 5-17-1989 by L.L. No. 1-1989]
Each person who violates any provision of this chapter shall,
for each and every day that said violation continues, be subject to
a fine of not more than $1,000 or imprisonment for a period not to
exceed six months, or both such fine and imprisonment.