[HISTORY: Adopted by the Board of Trustees of the Village of Centre Island 5-31-1984 by L.L No. 3-1984. Sections 92-8B and C and 92-12A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 83.
As used in this chapter, the following terms shall have the meanings indicated:
GOODS
Includes any personal property capable of being the object of a sale regulated hereunder and real property if sold at an auction.
OPEN HOUSE SALE
Includes all sales entitled "open house sale," "open home sale" and "sale of home" or any similar sale of real property, unimproved or improved, with a one-family dwelling within a one- or two-day period or the examination of any one-family dwelling prior to the sale of said one-family dwelling which is promoted by any means whatsoever.
PERSON
Includes individuals, partnerships, voluntary associations and corporations.
PERSONAL PROPERTY SALE
Includes all sales entitled "garage sale," "lawn sale," "auction" or similar sale of five or more pieces of personal property within a one- or two-day period or the examination of personal property prior to the sale of tangible personal property which is promoted by any means whatsoever.
It shall be unlawful for any person to conduct any personal property sale or open house sale in the Village of Centre Island without first filing with the Village Clerk the application and fees hereinafter specified and obtaining from the Village Clerk a permit to conduct such sale.
It shall be unlawful to sell at a personal property sale goods not owned by the owner of the property on which the personal property sale is conducted or his tenant, which tenant shall have been continuously on such property for not less than six months prior to the date of the sale.
All personal property sales and open house sales shall be conducted between the hours of 10:00 a.m. and 4:00 p.m. on Friday or Saturday, or both consecutively, in any given week only.[1]
[1]
Editor's Note: Former Sec. 2D, which limited the number of sales and which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
No signs, posters or other forms of advertising noticing to the public the existence of the personal property sale or open house sale may be placed upon the real property upon which the sale is conducted prior to the day on which the sale is to be conducted.[1]
[1]
Editor's Note: Former Sec. 2F, which limited the newspapers in which a sale could be advertised and which immediately followed this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The personal property and contents of a home which are the subject of a personal property sale shall be displayed wholly within the interior of the dwelling or the garage where the sale is to take place, except for the sale of personal property which customarily has been located at the exterior of the dwelling or used outside the dwelling or the garage situated thereat.
The information to be filed with the Village Clerk pursuant to this chapter, on forms to be provided by the Village Clerk, shall be as follows:
A. 
The name of the person, firm, group, corporation, association or organization conducting the sale.
B. 
The 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. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale.
E. 
The date and nature of all past sales in the Village of Centre Island.
F. 
The 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. 
A sworn statement or affirmation by the applicant stating that the information therein given is full and true and known to him to be so.
H. 
A detailed description of parking facilities on the premises, together with an estimate of the number of automobiles which may be safely handled on the property.
I. 
The method of advertising and promotion, including the names of newspapers, if any, in which the sale is to be advertised.
A. 
Application for a permit pursuant to this chapter shall be made to the Village Clerk at least 14 days prior to the scheduled date of the sale.
B. 
Each application for a permit for a personal property sale shall be accompanied by payment of a fee of $15 and shall be made on a form supplied by the Village Clerk. Each application for an open house sale shall be accompanied by payment of a fee of one $100.
[Amended 3-20-1991 by L.L. No. 1-1991; 12-11-1991]
C. 
Additionally, each application for personal property sale or an open house sale shall be accompanied by payment of a deposit of $150. Any portion of this deposit of one $150 not expended by the Village shall be returned to the applicant.
[Amended 3-20-1991 by L.L. No. 1-1991; 12-11-1991]
No permit for a personal property sale or open house sale, as defined by this chapter, shall be issued except by the Village Clerk or the Deputy Village Clerk upon a proper and sufficient showing by the applicant and a determination by the Village Clerk or Deputy Village Clerk that the provisions of this chapter have been or will be complied with and that proper safety and traffic precautions have been taken or will be taken to protect the public health, safety and welfare.
The Village Clerk, the Deputy Village Clerk, the Village Building Inspector, a police officer or any other person designated by the Mayor shall have the authority and right to enter upon any premises whereat a personal property sale or open house sale which is the subject of this chapter, is being conducted for the purposes of inspection for the existence of a permit, and such authorized person shall have the right and power to direct the immediate cessation and closing of such sale upon probable cause that the sale is being conducted in violation of this chapter.
A permit issued pursuant to the provisions of this chapter shall be conspicuously displayed at the premises at all times during such sale and shall be exhibited to any person authorized to inspect therefor as set forth above.
A. 
A violation of this chapter shall constitute disorderly conduct and shall be punishable by a fine of $300 or by imprisonment not exceeding 15 days in the County jail, or both, and each day a violation of this chapter shall continue shall constitute a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
In addition to the fine or penalty hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be abated by the Village as provided by law. Each day that such violation continues shall be regarded as a new and separate offense.
C. 
Obedience to the provisions hereinabove set forth may be enforced by a criminal information for the penalty herein described, as well as by civil action at law or equity, by means of an injunction or otherwise, to abate or prevent a violation of the provisions of this chapter. The imposition of a penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil actions to enjoin or abate a violation shall be cumulative.