The following rules shall govern the conduct of private auctions within the Village:
(a) Place and Time. An auction for the sale of personal property (goods, wares or merchandise) shall be conducted at a residence of the Village for one (1) day only between the hours of 9:00 a.m. and 5:00 p.m.
(b) Number of Auctions Allowed. The owner of each residence in the Village shall be permitted to conduct one (1) auction per calendar year for the sale of personal property (goods, wares or merchandise), upon the issuance of a permit in accordance with subsection (d) hereof.
(c) Security Required. An auction for the sale of personal property (goods, wares or merchandise) shall be patrolled and supervised by at least one off-duty police officer of the Village. Such police officer shall be compensated by the applicant for the service at the hourly rate then prevailing in the area for off-duty police officers, as determined by the Chief of Police.
(d) Permit Required. Application for a permit to conduct an auction sale of personal property (goods, wares or merchandise) within the Village shall be made to the Chief of Police on a form to be provided by him upon which shall be stated the nature and quantity of the goods to be sold. The Chief of Police shall issue such permit upon the payment of a fee of one hundred dollars ($100.00) which fee shall be in addition to and not in lieu of the insurance policy provided for in Section 705.03, upon a determination that there is a good and sufficient reason for the issuance of such permit.
(e) Revocation or Refusal of Permit. The Chief of Police may refuse to issue a permit if he determines that there is good and sufficient reason for such refusal. Any individual aggrieved by the action of the Chief of Police in refusing to issue a permit shall have the right to appeal to Council in the manner prescribed in subsection (f) hereof.
(f) Appeal. Any individual aggrieved by the action of the Chief of Police in refusing to issue any permit shall have the right to appeal to Council. Such appeal shall be taken by filing with the Council, or person designated by it, within ten (10) days after notice of the action complained of has been mailed, postage prepaid, to such individual's last known address, a written statement setting forth fully the grounds for appeal. Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant by mail, postage prepaid, at his last known address at least five (5) days prior to the date set for hearing. The appellant shall have the right to be represented at such hearing by Council. The decision and order of Council on such appeal shall be final and conclusive.
(g) No tangible personal property (goods, wares or merchandise) shall be sold at auction in the Village except in compliance with the provisions of this chapter.
(Ord. 2020-8. Passed 3-9-20.)