As used in this local law, the following terms
shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale," "tag sale" or any similar casual
sale of tangible personal property, owned by the owner of the premises
or by any other persons residing therein, which sale is promoted by
any means whereby the public at large is or can be made aware of said
sale.
[Amended 12-7-1982 by L.L. No. 6-1982]
PERSON
Includes individuals, partnerships, voluntary associations
and corporations.
PERSONAL PROPERTY
The contents of a home, including garages, and outdoor statuary
and outdoor personal property, and all other items commonly used in
and about the residence, including, but not limited to, furniture,
furnishings, rugs, lamps, dishes, paintings, antiques, tapestries,
silverware, cookware and decorative items and the like.
[Added 12-7-1982 by L.L. No. 6-1982]
[Amended 9-15-2009 by L.L. No. 2-2009]
It shall be unlawful for any person to conduct
a garage sale in the Village of Floral Park without first filing with
the Village Clerk the information hereinafter specified and obtaining
from such Village Clerk a license so to do, to be known as a "garage
sale license." The fee for such license shall be established by resolution
of the Board of Trustees.
The information to be filed with the Village
Clerk pursuant to this local law shall be as follows:
A. Name of the 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 written 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 all past sales in the Village of
Floral Park.
F. Relationship or connection the applicant had with
any other person, firm, group, organization, association or corporation
conducting any past sale and the date or dates of such sales.
G. Whether or not the applicant has been issued any other
vendors license by any local, state or federal agency.
H. Sworn statement or affirmation by the applicant signing
that the information therein given is full and true and known to him
to be so.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
The provisions of this local law shall not apply
to or affect the following persons or sales:
A. Persons selling goods pursuant to an order of 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 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 the zoning regulations of the Village
of Floral Park 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 this Village Code.
F. Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this subsection
shall be on the organization or institution claiming such exemption.
[Amended 4-1-1980 by L.L. No. 2-1980]
Any person, association or corporation conducting any such sales or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined as provided in §
32-13 of Chapter
32 hereof. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this chapter or any provision thereof shall be and hereby is declared a disorderly person. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
It is not the intention of this local law to
change or amend the Sign Ordinance of the Village.
This local law shall become effective immediately.