[HISTORY: Adopted by the Board of Trustees of the Village
of Malverne 10-15-1976 by L.L. No. 3-1976 (Ch. 19 of the 1972
Code). Amendments noted where applicable.]
It shall be unlawful for any person or persons to conduct a
garage sale in the Incorporated Village of Malverne without first
obtaining a permit and complying with the regulations set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale" or "flea market sale," or any similar casual
sale of tangible personal property which is advertised by any means
whereby the public at large is or can be made aware of said sale.
Includes individuals, partnerships, voluntary associations
and corporations.
Garage sales in the Village of Malverne shall be regulated in
the following manner:
A.
Merchandise. Garage sales shall offer only used, unwanted items of
personal property owned by the resident of the property where the
sale is held. No new merchandise shall be offered for sale nor may
new merchandise from other sources be brought in and offered for sale.
B.
Hours. Garage sales shall not commence before 10:00 a.m. and must
terminate by 6:00 p.m.
D.
Signs.
(1)
Garage sales may be advertised through the newspaper or other news
media. A sign, not greater in size than three feet by three feet,
may be installed on the property where the sale is being conducted.
(2)
No sign shall be placed on the public right-of-way or on property
other than where the sale is being conducted. No lighted sign shall
be used.
(3)
The sign shall be displayed only during the sale and shall be promptly
removed after the sale.
E.
Zoning. It is not the intention of this chapter to change or amend Chapter 600, Zoning, of the Code of the Village of Malverne.
The information to be filed with the Village Clerk pursuant
to this chapter shall be as follows:
A.
Name of person, firm, group, corporation, association or organization
conducting said sale.
B.
Name of the owner of the property on which said sale is to be conducted
and the consent of the owner if the applicant is other than the owner.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
H.
A sworn statement or affirmation by the person signing that the information
therein given is full and true and known to him to be so.
The provisions of this chapter shall not apply to or affect
the following persons or sales:
A.
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any person selling or advertising for sale an item or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five in number.
D.
Any publisher of a newspaper, magazine or other publication or other
communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without
knowledge that the provisions of this chapter have not been complied
with.
E.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter 600, Zoning, or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited.
F.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be on the organization or institution claiming such exemption.
A.
This chapter shall be enforced by the Police Department and the code
enforcement officers or those officials designated by the Mayor.
B.
The person to whom such permit is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall
be jointly and severally responsible for the maintenance of good order
and decorum on the premises during all hours of such sale or activity.
No such person shall permit loud or boisterous conduct on said premises
or permit vehicles to impede the passage of traffic on any roads or
streets in the area of such premises. All such persons shall obey
the reasonable orders of any member of the Police Department or Fire
Department of the Village of Malverne in order to maintain the public
health, safety and welfare.