[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven 9-25-1996 by L.L. No. 10-1996. Amendments noted where applicable.]
Licensed occupations — See Ch. 88.
For the purpose of this chapter, the following terms shall have the meanings indicated:
- Any public or private sale and viewing of goods which are sold to the highest bidder.
- All personal property capable of being sold.
- Any individual, partnership, voluntary association, corporation, firm or group of any of the above.
- All types of tangible personal property sales such as those commonly known as a "garage sale," "lawn sale," "attic sale," "rummage sale," "tag sale" (including examination of goods prior to the sale) which is promoted by any methods of advertising.
It shall be unlawful for any person to conduct, permit or cause to be conducted an auction on any property in the village without first obtaining a permit from the village. An application must be filed with the required fee with the Village Clerk 30 days before the proposed date of this auction. A permit for an auction will be issued by the Board of Trustees. An auction may not be held for more than three consecutive days. Only one auction permit will be issued within any twelve-month period to any property owner in the village.
The fee for an auction permit will be $250. In addition to the permit fee, a refundable security deposit of $500 will accompany each auction permit application to ensure compliance with the terms of the issued auction permit.
The permit application for an auction will contain the following information:
The name of the property owner or applicant who is acting as the agent of the owner.
The location, date, time and duration of the event.
The number of persons expected to attend.
The sworn statement by the applicant that the information in the application is accurate and complete and that the goods to be sold or auctioned are to be in compliance with the definition of "goods" set forth in this chapter.
Whether a prior village auction permit has been requested or issued and if so, when.
A description of the proposed traffic control and parking arrangements for the event.
Methods of advertising and promotion, including the names of newspapers, if any, in which the auction will be advertised.
Details with respect to sanitary facilities to be provided.
Whether the applicant has been issued any other vendor's license by any local, state or federal agency.
All auction permits issued under this chapter will be subject to the following rules and regulations:
An auction will be conducted between the hours of 9:00 a.m. and 6:00 p.m.
Only the owner of the property or his authorized agent may conduct an auction.
Personal property being auctioned must qualify as "goods" as defined by this chapter.
The village permit must be posted in a conspicuous place at the auction location.
One sign, not larger than two by two feet may be installed on the property where the auction will be held. This sign will not be posted more than 24 hours prior to the event and must be removed within 24 hours after the completion of the event.
No sign shall be placed on the public right-of-way or on property other than where the auction is being conducted. No lighted sign shall be used.
If inclement weather on the date for which a permit is issued prevents an auction from being held, the Village Clerk may renew the permit without an additional fee for an additional 30 days, provided that an affidavit by the permit holder is submitted verifying the reason for the postponement.
Not more than one auction permit may be issued at the same location during any twelve-month period.
The Board of Trustees may impose such conditions as may be reasonable to protect village residents from noise and inconvenience and to preserve the residential character of the village and to further the general welfare of the village.
The provisions of this chapter shall not apply to or affect the following auctions:
Any person who conducts, permits or causes to be conducted a sale other than an auction on any property in the village shall comply with the following requirements:
Only one sign, not larger than two feet by two feet, may be installed on the property where the sale will be held. This sign will not be posted more than 24 hours prior to the event and must be removed within 24 hours after the completion of the event.
No sign shall be placed on the public right-of-way or on property other than where the sale is being conducted. No lighted sign shall be used.
A sale will be conducted only between the hours of 9:00 a.m. and 6:00 p.m.
A sale may not be held for more than three consecutive days.
A sale may be conducted by a tenant leasing the property where the sale is conducted or any portion thereof, provided that the owner of the property does not object to such sale.
The Code Enforcement Officer or any other person duly authorized by the Board of Trustees will be empowered, in accordance with legal authority, to enforce the provisions of this chapter and to enter any building or premises to discharge lawfully his duties, including the issuance of an appearance ticket for violations of this chapter.
Any person conducting, permitting or allowing an auction to be held within the village without a permit issued under this chapter, or any person who violates or permits to be violated any terms or regulations of this chapter or of an issued permit will, upon conviction, be fined not less than $50 nor more than $250.
The village shall have the right to utilize the auction security deposit for reimbursement of any expenses or charges incurred by the village in connection with the enforcement of this article and the issued permit.