[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst 9-30-1975 as L.L. No. 22-1975 (Ch. 50 of the 1968
Code of the Village of Lindenhurst). Amendments noted where applicable.]
It is the intent of these regulations to prohibit
the infringement of any businesses or business activities in any established
residential areas and, in so doing, to regulate the term and frequency
of a personal property sale so as not to disturb or disrupt the residential
environment of the area. It is not the intent of this chapter to seek
control of sales by individuals selling a few of their household or
personal items.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations
and corporations.
Includes all sales entitled "garage sale," "lawn sale," "yard
sale," "flea market sale," "attic sale" or any similar casual sale
of tangible personal property which is advertised by any means whereby
the public at large is or can be made aware of said sale or which
is open to the public.
[Amended 8-20-1987 by L.L. No. 10-1987; 6-16-1992 as L.L. No. 2-1992]
It shall be unlawful for any person to conduct
a sale of personal property in the Village of Lindenhurst without
first filing with the Village Building Inspector the information hereinafter
specified and obtaining from such Building Inspector a license to
conduct said sale, to be known as a "personal property sale license."
The fee for such license shall be and the same is hereby fixed at
$10.
A.
Permits shall be limited to one per calendar year,
per residential dwelling. Charitable, religious and civic organizations
may be allowed more than one license with the approval of the Village
Board.
B.
Permits issued shall be valid for a term not exceeding
three consecutive calendar days.
C.
Permits must be prominently affixed to the outside
of the front door of the premises upon which the sale is being conducted
throughout the entire period of the licensed sale.
[Amended 6-16-1992 as L.L. No. 2-1992]
The information to be filed with the Building
Inspector pursuant to this chapter shall include:
A.
The name of the person, firm, group, corporation,
association or organization conducting said sale.
B.
The name of the owner of the property on which said
sale is to be conducted and the 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 any past sale.
F.
The relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting any sale held within one calendar year prior
to the date of this application and the date or dates of such sale.
G.
A sworn statement of affirmation by the person signing
that the information therein given is full and true and known to him
to be so and that he will comply fully with all provisions of this
chapter and any other applicable Village ordinances.
All sales of personal property shall be conducted
between the hours of 9:00 a.m. and 6:00 p.m. only.
A.
It shall be unlawful for any person, firm or corporation
to post or erect any sign, placard, banner, handbill or other notice
on public property (including street signs, trees and poles) or across
or above any street, sidewalk or other public property, which notice
advertises the sale of personal property or directs persons to the
premises where personal property is being sold.
B.
No such sign, placard, banner, handbill or other notice
shall be posted or erected on private property without the permission
of the property owner.
C.
All signs must be removed within 24 hours after completion
of the sale.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
Any person selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed five in
number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been complied with.
E.
Any sale conducted by any merchant or mercantile or
other business establishment from or at a place of business wherein
such sale would be permitted by the zoning regulations of the Village
of Lindenhurst or under the protection of the nonconforming use section
thereof[1] or any other sale conducted by a manufacturer, dealer
or vendor and which sale would be conducted from properly zoned premises
and not otherwise prohibited in the Village ordinances.
A.
A police officer or the Building Inspector and/or
Deputy Building Inspector of the Village shall have the right of entry
to any premises showing evidence of a personal property sale, for
the purposes of enforcement or inspection, and may close the premises
from such a sale or issue a summons for violating this chapter to
any person who violates the provisions of this chapter.
B.
The person to whom such license is issued and the
owner or tenant of the premises on which such sale or activity is
conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such person shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises. All
such persons shall obey the reasonable orders of any member of the
Suffolk County Police Department of the Village of Lindenhurst in
order to maintain the public health, safety and welfare.
[Amended 6-16-1992 as L.L. No. 2-1992]
Any person, corporation or association violating
any of the provisions of this chapter shall be punishable by a fine
or penalty of not less than $50 nor more than $250 for every offense,
and an additional punishment of incarceration may be imposed in accordance
with the disorderly conduct section of the Penal Law of the State
of New York. Each day that such sale shall continue without being
duly licensed shall be considered a separate violation.
