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:
PERSON
Includes persons, partnerships, firms, corporations and voluntary
associations, and residents.
PERSONAL PROPERTY
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.
PRIVATE SALE
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.
PUBLIC SALE
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.
SALES OF PERSONAL PROPERTY
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.
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.
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.
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.