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Town of Islip, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Town Board of the Town of Islip 1-7-86.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Issuance of licenses and permits — See Ch. 31.
Peddlers — See Ch. 39.
Solicitors and canvassers — See Ch. 46.
Trespassing — See Ch. 58.
[1]
Editor's Note: This ordinance also repealed former Ch. 13. Sales of Personal Property adopted 11-8-72, as amended 3-21-78.
It is the intent of this enactment to preserve the character of residential areas. In order to further this intent, personal property sales will be regulated.
As used in this chapter the following words will have the following meanings:
CHARITABLE ORGANIZATIONS
Organizations or corporations for pleasure, recreation and other not-for-profit purposes, substantially all of the activities of which are for such purposes and no part of the net earnings of which inures to the benefit of any member, employee or shareholder.
DAY
The mean solar day of twenty-four (24) hours beginning at mean midnight.
LOT
A parcel of land, exclusive of street areas, used or designed to be used by one (1) use or building or by a related group of uses or buildings and the accessory uses or buildings customarily incident thereto, including such open spaces.
PERSON
An individual.
PERSONAL PROPERTY
Tangible objects which are temporary and movable, including but not limited to clothes, furniture, vehicles, tools, jewelry, household items and books.
PERSONAL PROPERTY SALE
The offering of more than five (5) items of tangible personal property for sale, including a "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any similar sale which occurs on a lot on which a dwelling is located.
RESIDENT
A person who has his principal place of abode in the Town of Islip.
SELLER
A person who sells or contracts to sell goods.
A. 
A personal property sale is prohibited unless:
(1) 
The seller resides on the lot.
(2) 
The goods for sale are owned by or in the control of the seller or another person at that lot.
(3) 
The seller has first obtained a permit from the Town Clerk.
B. 
Before any permit will be issued, the following information must be presented to the Town Clerk:
(1) 
The name of the person conducting the personal property sale.
(2) 
The name of the owner of the lot on which the personal property sale is to be conducted and the consent of the owner if the applicant is other than the owner.
(3) 
The location of the proposed personal property sale.
(4) 
Proof acceptable to the Town Clerk that the lot on which the personal property sale is to be conducted is the seller's residence.
(5) 
The number of days of the personal property sale.
(6) 
The date of any previous personal property sale.
A. 
A permit for a personal property sale is valid only for the dates indicated thereon.
B. 
A personal property sale shall not exceed two (2) consecutive calendar days.
C. 
No more than two (2) personal property sales may be permitted per year, per lot.
D. 
During a personal property sale, the permit must be at all times displayed so that it is clearly visible from the street.
The permit fee shall be established by the Town Board.
A violation of this ordinance shall be punishable by a fine not to exceed five hundred dollars ($500.) or imprisonment for a time not to exceed ten (10) days, or both.
Any charitable organization conducting a personal property sale of goods owned or controlled by it must first obtain a permit from the Town Clerk, subject to the provisions in §§ 43-3B and 43-4. This permit must be obtained by a resident of the Town of Islip.
This ordinance shall be in effect from and after its passage, approval and recording according to law.