[HISTORY: Adopted by the Board of Trustees of the Village of Brightwaters 2-4-1974 (Ch. 33 of the 1972 Code). Sections 97-3B, 97-4 and 97-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Licensed occupations — See Ch. 75.
It is the intent of these regulations to prohibit the infringement of any businesses in any established residential areas and in so doing to regulate the term and frequency of personal property sales (such as garage sales, porch sales, basement sales, yard sales and other similar types of sales) so as not to disturb or disrupt the residential environment of the area. It is not the intent of this chapter to seek control of sales by individuals selling a few of their household or personal items.
[Amended 2-7-2011 by L.L. No. 2-2011]
Any person desirous of holding a personal property sale (such as but not limited to a garage sale, basement sale, porch sale or yard sale) or resale of used household, clothing or any personal property items which are owned by the residents of the premises shall obtain a permit therefor from the Village Clerk at least 48 hours prior to the sale.
A. 
Any such permit issued shall be for a term not exceeding two consecutive calendar days.
B. 
Permits shall be limited to one per calendar year per residential dwelling.
[Amended 11-4-1991 by L.L. No. 4-1991]
[Amended 11-4-1991 by L.L. No. 4-1991; 2-7-2011 by L.L. No. 3-2011]
The permit fee for each sale shall be as set by resolution of the Board of Trustees from time to time.[1] Any sale commenced without a permit having been obtained first shall subject the person conducting same to a date-of-sale permit fee in an amount of twice the permit fee in place at that time.
[1]
Editor's Note: The current fee schedule is available from the Village Clerk at the Village offices during regular office hours.
Application for a permit shall be made to the Village Clerk upon forms furnished by the Village Clerk's office.
A. 
The permit shall be valid only upon a proper showing and finding by the Village officer that proper safety and environmental precautions have been taken for the public.
B. 
The permit shall be posted on the premises in a conspicuous place so as to be seen by the public and code enforcement officers.
C. 
One sale sign may be posted on the property. The sign shall be removed from the property the day following the sale. Additionally, if the person conducting the sale provides the Village Clerk with two sale signs, no larger than 8.5 inches by 11 inches, no less than 48 hours before the start of the sale, the Village will post one at Village Hall and the other on the Village's Community Bulletin Board outside of the Brightwaters Post Office on Orinoco Drive. No sale sign shall be affixed to any tree, fence, pole or structure, other than on the sale premises, anywhere in the Village.
[Amended 2-7-2011 by L.L. No. 4-2011]
A police officer or any other official designated by any Village local law and/or ordinance to make inspections under the licensing or regulating local law and/or ordinance or to enforce the same shall have the right of entry to any premises showing evidence of a personal property sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest and/or issue summons for violating this chapter to any person who violates the provisions of this chapter.
[Amended 11-4-1991 by L.L. No. 4-1991]
A violation of this chapter shall be punishable by a fine not to exceed $250 and/or 15 days in jail for each day of occurrence.