[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:
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.
A.
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.
[Amended 1-5-1998 by L.L. No. 1-1998]
B.
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.
A.
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.
[Amended 1-5-1998 by L.L. No. 1-1998]
B.
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:
A.
The name and address of person conducting said sale.
B.
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.
C.
The address and location of premises on which the
sale is to be conducted.
D.
The number of days.
E.
The date and nature of any prior sale.
F.
Any relationship the applicant may have had with any
other person conducting said prior sale and the date or dates thereof.
G.
Whether or not the applicant has been issued any other
vendor's license or permit by any local, state or federal agency.
H.
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.
A.
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.
B.
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.
C.
The sign shall be displayed only during the sale and
shall be removed immediately after the completion of the sale.
D.
No exterior public address system shall be employed.
A.
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.
B.
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.
