[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
9-25-1996 by L.L. No. 10-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Licensed occupations — See Ch. 88.
For the purpose of this chapter, the following terms shall have the
meanings indicated:
Any public or private sale and viewing of goods which are sold to
the highest bidder.
All personal property capable of being sold.
Any individual, partnership, voluntary association, corporation,
firm or group of any of the above.
All types of tangible personal property sales such as those commonly
known as a "garage sale," "lawn sale," "attic sale," "rummage sale," "tag
sale" (including examination of goods prior to the sale) which is promoted
by any methods of advertising.
It shall be unlawful for any person to conduct, permit or cause to be
conducted an auction on any property in the village without first obtaining
a permit from the village. An application must be filed with the required
fee with the Village Clerk 30 days before the proposed date of this auction.
A permit for an auction will be issued by the Board of Trustees. An auction
may not be held for more than three consecutive days. Only one auction permit
will be issued within any twelve-month period to any property owner in the
village.
The fee for an auction permit will be $250. In addition to the permit
fee, a refundable security deposit of $500 will accompany each auction permit
application to ensure compliance with the terms of the issued auction permit.
The permit application for an auction will contain the following information:
A.
The name of the property owner or applicant who is acting
as the agent of the owner.
B.
The location, date, time and duration of the event.
C.
The number of persons expected to attend.
D.
The sworn statement by the applicant that the information
in the application is accurate and complete and that the goods to be sold
or auctioned are to be in compliance with the definition of "goods" set forth
in this chapter.
E.
Whether a prior village auction permit has been requested
or issued and if so, when.
F.
A description of the proposed traffic control and parking
arrangements for the event.
G.
Methods of advertising and promotion, including the names
of newspapers, if any, in which the auction will be advertised.
H.
Details with respect to sanitary facilities to be provided.
I.
Whether the applicant has been issued any other vendor's
license by any local, state or federal agency.
All auction permits issued under this chapter will be subject to the
following rules and regulations:
A.
An auction will be conducted between the hours of 9:00
a.m. and 6:00 p.m.
B.
Only the owner of the property or his authorized agent
may conduct an auction.
C.
Personal property being auctioned must qualify as "goods"
as defined by this chapter.
D.
The village permit must be posted in a conspicuous place
at the auction location.
E.
One sign, not larger than two by two feet may be installed
on the property where the auction will be held. This sign will not be posted
more than 24 hours prior to the event and must be removed within 24 hours
after the completion of the event.
F.
No sign shall be placed on the public right-of-way or
on property other than where the auction is being conducted. No lighted sign
shall be used.
G.
If inclement weather on the date for which a permit is
issued prevents an auction from being held, the Village Clerk may renew the
permit without an additional fee for an additional 30 days, provided that
an affidavit by the permit holder is submitted verifying the reason for the
postponement.
H.
Not more than one auction permit may be issued at the
same location during any twelve-month period.
I.
The Board of Trustees may impose such conditions as may
be reasonable to protect village residents from noise and inconvenience and
to preserve the residential character of the village and to further the general
welfare of the village.
The provisions of this chapter shall not apply to or affect the following
auctions:
Any person who conducts, permits or causes to be conducted a sale other
than an auction on any property in the village shall comply with the following
requirements:
A.
Only one sign, not larger than two feet by two feet,
may be installed on the property where the sale will be held. This sign will
not be posted more than 24 hours prior to the event and must be removed within
24 hours after the completion of the event.
B.
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.
C.
A sale will be conducted only between the hours of 9:00
a.m. and 6:00 p.m.
D.
A sale may not be held for more than three consecutive
days.
E.
A sale may be conducted by a tenant leasing the property
where the sale is conducted or any portion thereof, provided that the owner
of the property does not object to such sale.
A.
The Code Enforcement Officer or any other person duly
authorized by the Board of Trustees will be empowered, in accordance with
legal authority, to enforce the provisions of this chapter and to enter any
building or premises to discharge lawfully his duties, including the issuance
of an appearance ticket for violations of this chapter.
B.
Any person conducting, permitting or allowing an auction
to be held within the village without a permit issued under this chapter,
or any person who violates or permits to be violated any terms or regulations
of this chapter or of an issued permit will, upon conviction, be fined not
less than $50 nor more than $250.
C.
The village shall have the right to utilize the auction
security deposit for reimbursement of any expenses or charges incurred by
the village in connection with the enforcement of this article and the issued
permit.
