[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 6-13-1986 by L.L. No. 8-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Parking on private property — See Ch. 119.
Outdoor sales — See Ch. 140.
Vehicles and traffic — See Ch. 178.
The Board of Trustees has recently become concerned with the uncontrolled use of curb areas and lawn areas, and the like, throughout the community for the sale of motor vehicles. The use of these areas for this type of activity creates, in the opinion of the Board of Trustees, unsafe conditions for pedestrians and vehicle traffic and results in disruption of the immediate area, as well as a possible diminution in the attractiveness particularly of residential areas in the vicinity of this type of activity. The intention of this chapter is to regulate but not prohibit this activity toward providing the Village with notice of the activity and limiting the activity as provided within this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
VEHICLE
All motor vehicles subject to registration under the Vehicle and Traffic Law, as well as all-terrain vehicles, trailers and boats.
Within all zoning classification districts of the Village, except as an expressly permitted principal or accessory use under Chapter 197, Zoning, of the Code of the Village of Westhampton Beach, the use of public property for the display or parking of vehicles with "for sale" signs shall be prohibited, except as provided herein.
It shall be unlawful to park a vehicle for purposes of sale or with a "for sale" sign on any public or private property without the prior written consent of the owner of the subject property.
Any parking display of a vehicle for purpose of sale shall be subject to the issuance of a permit from the Village Police Department as follows:
A. 
Any permit issued hereunder shall automatically expire unless renewed within 14 days of its issuance, and no permit shall be renewed more than once within any thirty-day period. A renewal shall expire in 14 days.
[Amended 1-5-2012 by L.L. No. 1-2012]
B. 
No permit shall be issued for the parking of a vehicle or display of a vehicle for purposes of sale within the right-of-way of any street, road, way or highway within the Village of Westhampton Beach.
C. 
No permit shall be issued permitting the parking or display of a vehicle for sale on any lawn area, and all said permits shall be limited to the driveway or traditional parking area on any parcel, which said parking area functions as a driveway or shunt of a driveway.
D. 
Any advertisement on a vehicle which is offered for sale pursuant to a permit issued hereunder shall be limited to a single "for sale" sign, with dimensions not to exceed one foot square, and no flags, banners, directional signs or the like shall be utilized incident to the sale activity.
[Amended 4-8-1988 by L.L. No. 9-1988]
E. 
There shall be only one vehicle displayed for sale during any fourteen-day period on any commercial or business property.
[Added 1-5-2012 by L.L. No. 1-2012]
F. 
A permit may only be issued to the owner or the tenant of the property.
[Added 1-5-2012 by L.L. No. 1-2012]
G. 
The fees for the issuance of a permit shall be as follows:
[Added 1-5-2012 by L.L. No. 1-2012]
(1) 
There shall be no fee for the issuance of a permit for vehicles located on private property, provided that the vehicle is registered to the owner or tenant or relative of the owner or tenant living on the property. In all other instances the fee shall be $5 for the first permit issued within any thirty-day period and $100 for the second permit issued to the same owner or tenant with respect to the same vehicle within any thirty-day period.
The display on or about a vehicle of any sign, sticker, writing or other indication that the vehicle is for sale shall be presumptive evidence that said vehicle is parked or displayed for purposes of sale.
[Amended 4-8-1988 by L.L. No. 9-1988; 1-5-2012 by L.L. No. 1-2012]
Each day that said vehicle is parked or displayed in violation of this chapter shall constitute a separate and distinct offense, and any said vehicle parked or displayed in violation of this chapter in excess of 14 days shall be considered an abandoned vehicle pursuant to Vehicle and Traffic Law § 1224, to be removed by the Village or its delegated representative at the owner's sole cost and expense.
[Added 4-8-1988 by L.L. No. 9-1988]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.