Village of Old Westbury, NY Chapter 166 Sales, Personal Property

[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 10-17-1977 by L.L. No. 6-1977. Amendments noted where applicable.]

GENERAL REFERENCES

Advertising — See Ch. 58.

Parades and entertainment — See Ch. 143.

Peddling and soliciting — See Ch. 150.

Vehicles and traffic — See Ch. 201.

Zoning — See Ch. 216.

§ 166-1 Definitions.

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.

[Amended 2-17-1987 by L.L. No. 3-1987]

PERSON

Includes individuals, partnerships, voluntary associations and corporations.

PERSONAL PROPERTY SALE

Includes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "tag sale," "auction," "viewings" or "exhibitions" or any similar sale or examination of personal property prior to the sale of tangible personal property which is promoted by any means whatsoever.

[Amended 2-17-1987 by L.L. No. 3-1987]

§ 166-2 Personal property sales prohibited.

[Amended 5-18-1981 by L.L. No. 3-1981; 12-7-2001 by L.L. No. 9-2001; 11-16-2009 by L.L. No. 2-2009]

It shall be unlawful for any person to conduct any personal property sales in the Village of Old Westbury, unless permitted to do so by the Village Clerk, who may impose such reasonable conditions as he or she may reasonably find necessary to protect the health, safety and welfare of the neighborhood or community.

§ 166-3 through § 166-6. (Reserved) [1]

[1] Editor's Note: Former §§ 166-3, Term and display of license; 166-4, License information; 166-5, Hours of sale; and 166-6, Advertisement; signs; were repealed 12-7-2001 by L.L. No. 9-2001.

§ 166-7 Enforcement.

[Amended 12-7-2001 by L.L. No. 9-2001]

It shall be the duty of the Police Department and/or the Building Department of the Village of Old Westbury to investigate any violation of this chapter brought to its attention by complaint or arising during performance of its normal duties.

§ 166-8 Penalties for offenses.

[Amended 12-7-2001 by L.L. No. 9-2001; 11-16-2009 by L.L. No. 2-2009]

Any person, association or corporation conducting any such sale or similar activity without prior proper authorization to do so by the Village Clerk or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined not less than $250 nor more than $1,000. 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.

§ 166-9 through § 166-10. (Reserved) [1]

[1] Editor's Note: Former §§ 166-9, Payment for police overtime, and 166-10, Waiving of requirements, as amended, were repealed 12-7-2001 by L.L. No. 9-2001.