[Amended 12-15-1997; 4-18-1988]
A. Permit Required. No garage sale shall be conducted unless and until
the individuals desiring to conduct such sale shall obtain a permit
therefor from the Village Clerk. Members of more than one residence
may join in obtaining a permit for a garage sale to be conducted at
the residence of them.
B. Written Statement. Prior to issuance of any garage sale permit, the
individuals conducting such sale shall file a written statement with
the Village Clerk, at least five days in advance of the proposed sale
(mailed applications must be postmarked at least seven days in advance
of the sale), setting forth the following information:
1.
Full name and address of applicant.
2.
The location at which the proposed garage sale is to be held.
3.
The date upon which the sale shall be held.
4.
The date of any other garage sales within the current calendar
year.
5.
An affirmative statement that the property to be sold was owned
by the applicant as his own personal property and was neither acquired
nor consigned for the purpose of resale.
C. Investigation. Before issuing a permit, the Village Clerk may conduct
an investigation as may reasonably be necessary to determine if there
is compliance with §§ 5-3-1 and 5-3-2.
D. Refusal; Revocation.
1.
False Information. Any permit issued under this section may
be revoked or any application for issuance of a permit may be refused
by the Village Clerk if the application submitted by the applicant
or permit holder contains any false, fraudulent or misleading statement.
2.
Conviction of violation. If any individual is convicted of any
offense under §§ 5-3-1 and 5-3-2, the Village Clerk
is instructed to cancel any existing garage sale permit held by the
individual convicted and not to issue such individual another garage
sale permit for two years from the time of conviction.
E. Fee. There shall be an administrative processing fee of $5 for the
issuance of such permit.
F. Conditions. The permit shall set forth and restrict the time and
location of such garage sale. No more than two such permits may be
issued to one residence and/or family household during any calendar
year. If members of more than one residence join in requesting a permit,
such permit shall be considered as having been issued for each and
all of such residences.
G. Display. Any permit in possession of the holder or holders of a garage
sale shall be posted on the premises in a conspicuous place so as
to be seen by the public and the Building Inspector or Village Police.
H. Exceptions.
1.
Sale Not Held Because of Inclement Weather. If a garage sale
is not held on the dates for which the permit is issued or is terminated
during the first day of the sale because of inclement weather conditions,
and an affidavit by the permit holder to this effect is submitted,
the Village Clerk may issue another permit to the applicant for a
garage sale to be conducted at the same location within 30 days from
the date when the first sale was to be held. No additional permit
fee is required.
2.
Change in Ownership of Property. A third garage sale shall be
permitted in a calendar year if satisfactory proof of a bona fide
change in ownership of the real property is first presented to the
Village Clerk or her duly authorized representative.
[4-18-1988]
Any person violating any provision of this chapter shall be
fined not less than $25 nor more than $100 for each offense. A separate
and distinct offense shall be considered as committed for each and
every day any violation of the provisions of this chapter occurs.