[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
3-13-1984 by L.L. No. 2-1984 (Ch. 182 of the 1981 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 261.
It is the intent of this chapter to regulate the manner, term and frequency
of any casual public sale of personal property by any person in a residential
district, and to prevent any semblance of commercialism, trade and commerce
which will or tends to disturb and disrupt the residential character of the
neighborhood and district. This chapter shall not be construed to control
or prevent casual private sales of personal property, household or personal
items by persons in a residential district.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes persons, partnerships, firms, corporations and voluntary
associations, and residents.
Includes any and all tangible property of any type or description
capable of being the object of a sale regulated hereunder, including without
limitation, household goods, fixtures, furniture furnishings, appliances,
antiques, bric-a-brac, rummage, clothing and wearing apparel, printed matter
and handicraft.
Includes any sale of personal property made by a resident to an individual
or individuals by appointment and not to the public at large, and where no
public display or offering is made.
Includes any sale of 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 and the public is invited to attend and be present.
Includes all auctions, garage sale, lawn sale, yard sale, flea market
sale, attic sale, estate sale or any similar sale where personal property
is exposed, displayed and offered for sale to the general public on private
property, either outdoors or under or within any permanent or temporary structure.
It shall be unlawful for any person to conduct a casual sale of personal
property in the Village without first obtaining from the Village Clerk a license
to conduct said sale, to be known as a "personal property sale license." The
fee for such license shall be as determined by the Board of Trustees from
time to time and placed on file in the office of the Village Clerk.
A.
A person shall be limited to one license per calendar
year, per residential dwelling.
B.
Licenses shall be valid for a term not exceeding three
consecutive calendar days.
C.
Licenses must be prominently displayed on the premises
upon which the sale is being conducted throughout the entire period of the
licensed sale.
An application for a license shall be filed with the Village Clerk on
the required form and shall include:
A.
Name of the person conducting said sale.
B.
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.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the applicant may have had
with any other person, conducting any sale held within one calendar year prior
to the date of the application and the date or dates of such sale.
G.
A sworn statement or affirmation by the person signing
the application that the information given is full and true and known by 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 to post or erect
any sign, placard, banner, handbill, directional sign or other notice on public
property or on any street signs, trees or 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 private 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 Chapter 365, Zoning, of the Code of the Village of Babylon or under the protection of the nonconforming use section thereof 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 of the Suffolk County Police Department
and the 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 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 or any authorized person of
the Village in order to maintain the public health, safety and welfare.
Any person violating any of the provisions of this chapter shall be
subject to a fine or penalty of not less than $25 and not more than $250 or
to imprisonment for not more than 15 days, or both, for each and every offense.
Each day that such sale shall continue without being duly licensed shall be
considered a separate violation.
