It shall be unlawful for any person or persons to conduct a garage sale in the Incorporated Village of Huntington Bay without first obtaining a permit and complying with the regulations set forth in §
36-2.
Garage sales in the incorporated Village of Huntington Bay shall
be regulated in the following manner:
A. Definition. The term "garage sale" is defined as any public sale
of personal property.
B. Hours. Garage sales shall not commence before 9:00 a.m. and must
terminate by 6:00 p.m.
C. No person shall conduct more than two garage sales on his premises
in any one calendar year. A person may have two three-day sales or
one six-day sale.
D. Merchandise. Garages sales shall offer 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.
E. Signs.
(1) Garage sales may be advertised through the newspaper or other news
media. A sign not greater in size than two square feet may be installed
on the property where the sale is being conducted.
(2) No sign shall be placed on the public right-of-way or on property
other than where the sale is being conducted. No lighted sign shall
be used.
(3) The sign shall be displayed only during the sale and shall be promptly
removed after the sale.
F. Zoning and parking. It is not the intention of this chapter to change,
amend or otherwise make inapplicable the provisions of the Building
Zone Ordinance and Traffic Ordinance, including parking, stopping
and standing.
G. Permit.
(1) It shall be unlawful for any person or persons to conduct any sale
commonly known as a "garage sale" without first having received a
permit therefor.
(2) Upon application, either in person or by mail or by telephone, the
Village Clerk is authorized to issue such a permit.
(3) The permit shall set forth the name, address and date of sale.
(4) There shall be a fee of $5 for the said permit.
[Amended 1-9-1978 by L.L. No. 1-1978; 12-21-2001 by L.L. No. 2-2002]
Each offense against the provisions of this chapter or article
shall constitute a violation pursuant to the Penal Law of the State
of New York and shall be punishable as such. Any person or persons
violating any provisions of this chapter or article shall be liable
for and pay a fine of not more than $50 for a conviction on each offense.
[Added 12-21-2001 by L.L. No. 2-2002]
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Board of Trustees of the Incorporated Village of Huntington
Bay hereby declares that it would have passed this chapter or the
remainder thereof had such invalid application or invalid provision
been apparent.