[HISTORY: Adopted by the Board of Trustees of the Village
of Dryden 1-24-1996 (Sec. 20207
of the 1996 Code). Amendments noted where applicable.]
[Amended 2-16-2012 by L.L. No. 2-2012; at time of adoption of Code (see
Ch. 1, General Provisions, Art. III)]
No person shall sell or offer for sale at an auction any personal
property unless as provided in this chapter. A permit shall be issued
to an applicant under this chapter by the Village Police Chief or
officer in charge and shall be valid only when countersigned by the
Village Treasurer upon receipt of the fee required as set forth on
the Village of Dryden Fee Schedule, which Fee Schedule may be established
by resolution and thereafter amended from time to time by resolution
of the Village Board of Trustees. Every such permit shall expire at
12:00 midnight on the date of the event for which such permit was
issued. Every such permit shall contain the name and the residence
address of the person to whom it is issued, and no person other than
the one named therein shall be entitled to act thereunder. No permit
shall be issued to any corporation, firm, or individual not licensed
to do business in the State of New York.
Application for a permit hereunder shall give the name and residence
address of the applicant, and shall set forth the following information
for each sale: a) name and address of the person or firm or individual
conducting the auction; b) the name and address of the person whose
account or benefit the property is being sold; c) the origin and location
of the property to be offered for sale; and d) the place in which
the auction is to be conducted. This application shall be filed with
the Village Police Chief or officer in charge no later than 10 days
prior to the starting day of the auction, and shall be accompanied
by a complete inventory of the articles to be sold, together with
a description of the kind and quality thereof.
Sections 92-1 and 92-2 of this chapter shall not apply to sales of the household goods or furnishings of a bona fide householder, nor to legal or judicial sales or auction under and by virtue of the Lien Law and Personal Property Law relative to the enforcement of liens and the clearance of title, nor to sales under the Bankruptcy Act, police auctions, nor sales by representatives of deceased or incompetent persons or guardians of minors, nor to sales licensed under the provisions of the Agriculture and Markets Law.
It shall be unlawful for anyone selling personal property at
auction to misrepresent the quality, kind or value of any article
for sale, or to make false statements as to the purchase, history,
character or origin of such property. No auctioneer shall engage with
any person to make mock bids nor shall he/she accept bids by any person
engaged in the conduct of the auction. No auction shall be conducted
on Sundays, nor shall any auction be held before 9:00 a.m. or after
10:00 p.m.
[Amended 4-10-2014 by L.L. No. 3-2014]
Failure to comply with any of the provisions of this chapter
shall be deemed a violation and the violator shall be punished as
set forth on the Village of Dryden Fine Schedule, which Fine Schedule
may be established by resolution and thereafter amended from time
to time by resolution of the Village Board of Trustees.
