[HISTORY: Adopted by the Board of Trustees of the Village
of Interlaken at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 106.
This chapter shall be known and may be cited as the "Garage
Sales and Yard Sales Law of the Village of Interlaken, New York."
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
The sale on residential premises of five or more items, including
but not limited to furniture, appliances, furnishings, clothing, bric-a-brac,
antiques, toys, tools and similar items used about a household or
person, other than by auction or the sale of the entire contents of
a household.
An individual article or a complete unit.
No person shall hold or allow to have operated upon their real
property within the Village of Interlaken a garage sale, porch sale
or yard sale without first obtaining a license therefor from the Village
of Interlaken.
A garage sale license shall be valid for no more than three
consecutive days and shall not be issued to any person more than two
times per calendar year.
Any person desiring to procure a license as herein provided
shall file with the Village Clerk-Treasurer a written application
upon a form furnished by the Village Clerk-Treasurer. Such application
shall be under oath and provide the following information:
A.
The name, address and age of the applicant.
B.
The address where the garage sale is to take place.
C.
The dates on which the garage sale is to be conducted.
D.
The last date on which a garage sale was conducted on the premises.
E.
Such other information as may be required by the licensing officer
to determine the veracity or to clarify any of the prior statements
required in this section.
A.
Grant; refusal; appeal. Upon the filing of the application, as provided in § 79-5, the licensing officer shall issue to the applicant a license as provided in § 79-3 hereof. A license may be refused if the applicant shall have been convicted of any violation of this chapter. Any applicant who has been refused a license by the licensing officer may apply to the Board of Trustees therefor, and the same may be granted or refused by the Board of Trustees after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel.
B.
Use. A license shall not be assignable. Any holder of such license
who permits it to be used by any other person, and any person who
uses such license granted to any other person, shall each be guilty
of a violation of this chapter.
C.
Contents. A copy of all licenses shall be filed in the Village Clerk-Treasurer's
office and shall state clearly the kind of goods, wares or merchandise
to be sold, the dates of issuance and expiration of the license, the
fee paid and the name and address of the licensee.
D.
Display. Every license shall be displayed prominently at the place
of sale during the conduct of such garage sale.
Any license may be suspended by any police officer where there
are reasonable grounds to believe that a violation of law or of this
Municipal Code has taken place or is about to take place in the conduct
of the sale until a hearing can be held before the Board of Trustees.
A license may be revoked after a public hearing at which the applicant
shall be given the opportunity to be heard and to be represented by
counsel.
Only one sign advertising the garage sale shall be permitted,
and it shall be posted on the premises where the sale is conducted.
The size of the sign must not exceed four feet by eight feet, and
it shall not be located where it may interfere with the view of motorists
and shall not be posted earlier than one week before the sale commences
and must be removed immediately after the sale ceases.
A violation of any provision of this chapter is hereby declared
to be a violation and shall be punishable by a fine of not more than
$250 or imprisonment for not more than 15 days, or both.
