[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 9-12-1983 by L.L. No. 1-1983 as Ch. 173 of the 1983
Code. Amendments noted where applicable.]
The Board of Trustees of the Village of East Hills hereby determines that it is in the public interest to regulate the conduct of sales of personal property upon residential premises, as defined in Chapter 271, Zoning, of the Code of the Village of East Hills. It is the purpose of this chapter to prohibit any commercial activity in residential areas of the Village and to regulate the conduct of personal property sales known as "garage," "yard," "porch," "basement" or "tag" sales in order to protect the public safety, health and welfare and maintain the residential character of the community, minimize traffic, noise, advertising or other disruptive practices throughout the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The contents of a home, including garages, and outdoor exterior
and statuary and outdoor personal property and all other items commonly
used in and about the residences, including but not limited to furniture,
furnishings, rugs, lamps, dishes, paintings, antiques, tapestries,
silverware, silver service, cookware and decorative items and the
like.
A.
No person shall conduct or cause to have conducted on any residential
premises subject to this chapter any sale of personal property, as
defined herein, owned by the owner of the premises or by any other
person residing thereat, without first obtaining a permit therefor.
B.
Application for a permit pursuant to this chapter shall be made to
the Village Clerk at least 10 days prior to the scheduled date of
sale. Each application for a permit shall be accompanied by payment
of a fee as set forth from time to time by resolution of the Board
of Trustees[1] and shall be made on a form supplied by the Village Clerk.
[Amended 1-21-1997 by L.L. No. 3-1997]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
C.
No application for a permit shall include more than two consecutive
sale dates. No such permit shall be issued more frequently than once
in each calendar year.
D.
No sale shall begin prior to 10:00 a.m. or continue after 5:00 p.m.
on any day.
E.
It shall be lawful for one printed, nonilluminated sign to be posted
at the premises whereat the sale is to be conducted.
F.
It shall be unlawful to bring into or upon any premises for the purpose
of this sale any personal property which has not been customarily
located at or in connection with the dwelling where the sale is to
take place.
G.
The personal property and contents of a home which are the subject
of such a sale shall be displayed wholly within the interior of the
dwelling or the garage where the sale is to take place, except for
the sale of personal property which customarily has been located at
the exterior of the dwelling or used outside the dwelling or the garage
situated thereat.
No permit for a sale, as defined by this chapter, shall be issued
except by the Village Clerk or the Deputy Village Clerk upon a proper
and sufficient showing by the applicant and a determination by the
Village Clerk or Deputy Village Clerk that the provisions of this
chapter have or will be complied with and that proper safety and traffic
precautions have been taken or will be taken to protect the public
health, safety and welfare.
A.
The Village Clerk, the Deputy Village Clerk, the Village Code Enforcement
Officer, a police officer or any other person designated by the Mayor
shall have the authority and right to enter upon any premises whereat
a sale, the subject of this chapter, is being conducted, for the purposes
of inspection for the existence of a permit, and such authorized person
shall have the right and power to direct the immediate cessation and
closing of such a sale upon probable cause that the sale is being
conducted in violation of this chapter.
B.
A permit, issued pursuant to the provisions of this chapter, shall
be conspicuously displayed at the premises at all times during such
sale and shall be exhibited to any person authorized to inspect therefor
as set forth above.
B.
In addition to the fine or penalty hereinabove provided, any condition
caused or permitted to exist in violation of any of the provisions
of this chapter shall be deemed a public nuisance and may be abated
by the Village as provided by law. Each day that such violation continues
shall be regarded as a new and separate violation.
[Amended 1-21-1997 by L.L. No. 3-1997]
C.
Obedience to the provisions hereinbefore set forth may be enforced
by a criminal information for the penalty herein described, as well
as by civil action at law or equity by means of an injunction or otherwise
to abate or prevent a violation of the provisions of this chapter.
The imposition of a penalty for a violation of this chapter shall
not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil actions to enjoin or abate
a violation shall be cumulative.
