No person shall cause or permit to take place on public or private
property in the Village any parade, exhibition, concert, theatrical
performance, dog show, antique show, auction, garage sale, horse show
or other similar performance or display without first obtaining a
permit therefor from the Board of Trustees.
An application for such a permit shall be written and verified
and shall be filed with the Village Clerk not less than 20 days before
the proposed activity and shall set forth:
A. The name and address of the applicant.
B. The name and address of the person responsible for the conduct of
the proposed activity.
C. A full description of the nature of the proposed activity.
D. The number of persons expected to attend.
E. Details with respect to sanitary facilities, if needed, and of off-street
parking.
F. The date, time and duration of the proposed activity.
The Board of Trustees may issue such permits subject to such
conditions as may be reasonable to protect the residents of the area
from noise and inconvenience, to preserve the residential character
of the Village and to otherwise further the public intent and general
welfare and ensure compliance with all Village ordinances and regulations.
In addition to any conditions imposed, permits are subject to
the following restrictions:
A. Limitation on days and hours and frequency.
(1) No sale shall be held for more than two consecutive days, nor shall
there be more than one day of inspection. Sales and inspections shall
be limited between the hours of 9:00 a.m. and 9:00 p.m.
(2) A public sale other than an auction sale on any given premises shall
be held no more frequently than once every five years or not more
than once by any individual during the period of his or her ownership
of the real property on which the sale is conducted, if the ownership
shall be less than five years.
(3) An auction shall be held no more than once by any individual during
the period of his or her ownership of the real property on which the
auction is conducted.
B. Parking. Parking shall be limited to the premises on which the sale
is held unless other arrangements are approved by the Village Clerk.
C. Signs. The size and number of signs, directional and otherwise, shall
be as prescribed by the Village Clerk. They shall not be erected before
the date of inspection, if any, or the first day of the sale and shall
be removed by 9:00 p.m. on the last day of the sale, or the first
day of the sale, whichever is applicable.
D. Loudspeakers. There shall be no loudspeakers permitted other than
a single loudspeaker for purposes of conducting the sale and the volume
thereof shall not reach beyond the audience.
E. Personal property of owner; sale limited to. The sale of any personal
property shall be limited solely to personal property owned by the
resident-applicant.
The fee for any such permit shall be the amount indicated in Chapter
154, Fees and Deposits, of the Code of the Village of Old Brookville, which fee may be waived by the Board of Trustees when such parade, exhibition, auction or sale is for charitable, noncommercial or community event.
Any person, firm, association or corporation who violates any of the provisions of this chapter shall be subject to the fines and punishments pursuant to Chapter
1, General Provisions, §
1-3, of this Code.