[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett Neck 10-5-1981 by L.L. No. 2-1981. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales commonly known as "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale," "porch sale," "yard sale," "basement sale," "tag sale" or any other similar casual sale of personal property which is advertised by any means whereby the public at large is made aware of said sale.
- Includes only used, unwanted items of personal property, owned by the resident of the property where the sale is held. No merchandise from other sources may be brought in and offered for sale.
- Includes individuals, partnerships, unincorporated associations and corporation.
It shall be unlawful of any person to conduct a garage sale in the Village of Hewlett Neck without first filing with the Village Clerk the information hereinafter specified and obtaining from such Village Clerk a permit known as a "garage sale permit." The fee for such permit shall be set from time to time by resolution of the Board of Trustees.
The permit shall be issued only upon the submission of proof by the applicant that proper safety and environmental precautionary measures have been taken for the benefit of the public, including but not limited to provision for the parking of automobiles and direction of traffic.
Such permit shall be issued to one person or with respect to one parcel of real property only once within a twelve-month period, except that an additional garage sale may be conducted when the real property owned by the applicant has been contracted to be sold and the applicant subsequently moves to another residence. No such permit shall be issued for more than two consecutive days. In the event that the garage sale is rained out, an alternate date or dates may be granted at the discretion of the Village Clerk.
Each permit issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the sale.
The information to be filed with the Village Clerk pursuant to this chapter shall be as follows:
The name and address of person conducting said sale.
The name and address 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.
The address and location of premises on which the sale is to be conducted.
The number of days.
The date and nature of any prior sale.
Any relationship the applicant may have had with any other person conducting said prior sale and the date or dates thereof.
Whether or not the applicant has been issued any other vendor's license or permit by any local, state or federal agency.
A sworn statement or affirmation by the applicant that the information given therein is full, true and accurate.
All garage sales shall be conducted between the hours of 9:00 a.m. and 5:00 p.m. on weekdays and 10:00 a.m. to 5:00 p.m. on Saturdays and Sundays.
Garage sales may be advertised through a newspaper or other news media. A sign not greater in size than two feet by two feet may be placed on the property where the sale is being conducted.
No sign shall be placed on the public right-of-way or on property other than the place where the sale is being conducted. No lighted sign shall be used.
The sign shall be displayed only during the sale and shall be removed immediately after the completion of the sale.
No exterior public address system shall be employed.
A police officer, the Village Clerk or any other official designated by the village to make inspections under this chapter shall have the right of entry to any premises upon which a garage sale is being conducted for the purpose of enforcement or inspection and may close the premises and stop any such sale or arrest any person who violates the provisions of this chapter.
The person to whom such permit is issued and the owner of the premises on which such sale 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. No such person shall permit any loud or boisterous conduct on said premises or permit motor vehicles to impede the passage of traffic on any roads or streets in the area of said premises. All such persons shall obey the reasonable orders of any member of the Police Department of the County of Nassau and the Woodmere Fire Department so that the public health, safety and welfare may be maintained.
Any person conducting any such garage sale without having a valid permit therefor or who shall violate any of the other provisions of this chapter shall be punishable, upon conviction, as provided in Chapter 1, General Provisions, Article II.