[HISTORY: Adopted by the Board of Trustees
of the Village of East Hampton 6-9-1977 by L.L. No. 3-1977 (Ch. 28 of the 1971
Code). Amendments noted where applicable.]
It shall be unlawful for any person or persons
to conduct a garage sale in the Incorporated Village of East Hampton
without first obtaining a license and complying with the regulations
set forth herein.
As used in this chapter, the following terms
shall have the meanings indicated:
The casual sale of tangible personal property to the public
by a person not normally in that business and includes, but is not
necessarily limited to, garage sales, lawn sales, attic sales, tag
sales, rummage sales and flea market sales.
Includes individuals, partnerships, voluntary associations
and corporations.
Garage sales in the Village of East Hampton
shall be regulated in the following manner:
A.
Merchandise. Garage sales shall offer only used items
of personal property owned by the resident of the property where the
sale is held. No new merchandise shall be offered for sale nor may
new merchandise from other sources be brought in and offered for sale.
B.
Hours. Garage sales shall not commence before 9:00
a.m. and must terminate by 6:00 p.m.
[Amended 12-15-2006 by L.L. No. 15-2006]
C.
No person shall conduct more than one garage sale
on his premises in any one calendar year. Such sale may not extend
for a period of more than three days.
D.
Signs.
(1)
Garage sales may be advertised through the newspaper
or other news media. A sign, not greater in size than two feet by
two feet may be installed on the property where the sale is being
conducted.
(2)
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.
(3)
The sign shall be displayed only during the sale and
shall be promptly removed after the sale.
E.
Zoning. It is not the intention of this chapter to change or amend Chapter 278, Zoning, of the Code of the Village of East Hampton.
F.
License. Upon application, either in person or by
mail, the Building Inspector is authorized to issue a license for
the sale.
The information to be filed with the Village
Building Inspector, pursuant to this chapter, shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization 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 sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting said sale and the date or dates of such
sale.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
[Amended 4-20-2015 by L.L. No. 4-2015]
A.
A violation of the provisions of § 167-3D of this chapter shall be punishable as follows:
(1)
A person or entity charged with a violation of the section listed
above shall be required to appear or answer within 15 days of the
issuance of a ticket, and shall be subject to a minimum fine of $150.
(2)
Upon the failure to answer or appear on the return date or any subsequent
adjourned date or to pay the fine when due, a late penalty of $75
shall be added to the minimum fine.
(3)
Upon the failure to pay the fine within 60 days of the issuance of
a ticket, a late penalty of $150 shall be added to the minimum fine.
(4)
Upon the failure to pay the fine within 90 days of its due date,
a late penalty of $200 shall be added to the minimum fine.
B.
Any person, firm or corporation violating any of the other provisions
of this chapter shall, upon conviction thereof, be subject to a fine
not exceeding the sum of $250 for any offense, and each day that a
violation continues shall be deemed to constitute a separate offense.
