[HISTORY: Adopted by the Floral Park Village Board 12-7-1976 by L.L. No. 2-1976. Amendments noted where applicable.]
GENERAL REFERENCES
Auctioneering — See Ch. 12.
Handbills and billposting — See Ch. 45.
Street and sidewalk obstructions — See Ch. 81, Article V.
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]
GOODS
[Repealed 12-7-1982 by L.L. No. 6-1982]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.
A. 
Such license shall not be issued more frequently than once in any twelve-month period for the same premises or location, and no such license shall be issued for more than three consecutive calendar days.
[Amended 12-7-1982 by L.L. No. 6-1982]
B. 
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
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.
A. 
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. All such signs must contain the name and address of the person conducting the sale.
B. 
No sign shall be placed on the public right-of-way or on property other than where the sale is being conducted. No lighted signs shall be used.
C. 
The sign shall be displayed only during the sale and shall be removed within 24 hours after completion of the sale.
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,[1] 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.
[1]
Editor's Note: See Ch. 99, Zoning.
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.
A. 
It shall be the duty of the Police Department of the Village of Floral Park to investigate any violations of this local law brought to its attention by complaint or arising during performance of its normal duties.
B. 
The person to whom such license is issued and the owner of the premises in the case of a license issued to a tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the orders of the Police Department or Fire Department of the Village of Floral Park in order to maintain the public health, safety and welfare.
C. 
No person shall bring, or cause to be brought, into or upon any premises for the purpose of sale, any personal property which has not been customarily located at or in connection with the premises where the sale is to take place.
[Added 12-7-1982 by L.L. No. 6-1982]
[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[1] 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.
[1]
Editor's Note: Section 32-13, Penalties for offenses, was renumbered § 32-14, 9-4-1990 by L.L. No. 6-1990.