[HISTORY: Adopted by the Floral Park Village
Board 12-7-1976 by L.L. No. 2-1976. Amendments noted where applicable.]
As used in this local law, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale," "tag sale" or any similar casual
sale of tangible personal property, owned by the owner of the premises
or by any other persons residing therein, which sale is promoted by
any means whereby the public at large is or can be made aware of said
sale.
[Amended 12-7-1982 by L.L. No. 6-1982]
[Repealed 12-7-1982 by L.L. No. 6-1982]
Includes individuals, partnerships, voluntary associations
and corporations.
The contents of a home, including garages, and outdoor statuary
and outdoor personal property, and all other items commonly used in
and about the residence, including, but not limited to, furniture,
furnishings, rugs, lamps, dishes, paintings, antiques, tapestries,
silverware, cookware and decorative items and the like.
[Added 12-7-1982 by L.L. No. 6-1982]
[Amended 9-15-2009 by L.L. No. 2-2009]
It shall be unlawful for any person to conduct
a garage sale in the Village of Floral Park without first filing with
the Village Clerk the information hereinafter specified and obtaining
from such Village Clerk a license so to do, to be known as a "garage
sale license." The fee for such license shall be established by resolution
of the Board of Trustees.
A.
Such license shall not be issued more frequently than
once in any twelve-month period for the same premises or location,
and no such license shall be issued for more than three consecutive
calendar days.
[Amended 12-7-1982 by L.L. No. 6-1982]
B.
Each license issued under this chapter must be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the licensed sale.
The information to be filed with the Village
Clerk pursuant to this local law shall be as follows:
A.
Name of the 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 written consent of the owner if the applicant
is other than the owner.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of all past sales in the Village of
Floral Park.
F.
Relationship or connection the applicant had with
any other person, firm, group, organization, association or corporation
conducting any past sale and the date or dates of such sales.
G.
Whether or not the applicant has been issued any other
vendors license by any local, state or federal agency.
H.
Sworn statement or affirmation by the applicant signing
that the information therein given is full and true and known to him
to be so.
All garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
A.
Garage sales may be advertised through the newspaper
or other news media. A sign not greater in size than two feet by two
feet may be installed on the property where the sale is being conducted.
All such signs must contain the name and address of the person conducting
the sale.
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
signs shall be used.
C.
The sign shall be displayed only during the sale and
shall be removed within 24 hours after completion of the sale.
The provisions of this local law 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 the zoning regulations of the Village
of Floral Park or under the protection of the nonconforming use section
thereof,[1] 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 in this Village Code.
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.
It shall be the duty of the Police Department of the
Village of Floral Park to investigate any violations of this local
law brought to its attention by complaint or arising during performance
of its normal duties.
B.
The person to whom such license is issued and the
owner of the premises in the case of a license issued to a 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 any 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 orders of the Police Department or Fire Department of the
Village of Floral Park in order to maintain the public health, safety
and welfare.
C.
No person shall bring, or cause to be brought, into
or upon any premises for the purpose of sale, any personal property
which has not been customarily located at or in connection with the
premises where the sale is to take place.
[Added 12-7-1982 by L.L. No. 6-1982]
[Amended 4-1-1980 by L.L. No. 2-1980]
Any person, association or corporation conducting any such sales or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined as provided in § 32-13[1] of Chapter 32 hereof. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this chapter or any provision thereof shall be and hereby is declared a disorderly person. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
It is not the intention of this local law to
change or amend the Sign Ordinance of the Village.
This local law shall become effective immediately.
