§ 110-1. Definitions.
The
following terms shall have the meanings indicated:
GARAGE
SALE -- Includes all sales entitled
"garage sale," "lawn sale," "attic sale,"
"rummage sale," "flea market sale" or any similar casual
sale of tangible personal property which is promoted by any means whereby the
public at large is or can be made aware of said sale and takes place outside
the confines of a retail store.
GOODS -- Includes any goods, warehouse merchandise,
any item that requires New York State registration that is currently
unregistered, such as cars, trailers, boats, snowmobiles or recreational
vehicles, or other property capable of being the object of a sale regulated
hereunder.
PERSON -- Includes individuals, partnerships,
voluntary associations and corporations. For the purpose of the provisions of
this chapter relating to licensing, "person" shall include family or
household groups.
§ 110-2. License
required.
It shall be
unlawful for any person to conduct a garage sale in the Village of New York
Mills without first filing with the Village of New York Mills Clerk the information
hereinafter specified and obtaining from such Village Clerk a license so to do,
to be known as a "garage sale license". Said license must be obtained
no less than seven days before the proposed garage sale.
§ 110-3. Term and
display of license.
A. Such
license shall be issued to one person only twice within a twelve-month period,
and no such license shall be issued for more than seven consecutive calendar
days.
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.
C. Notwithstanding
anything to the contrary herein, no more than three garage sales may be held at
any one location or lot within any twelve-month period.
§ 110-4. Required
licensing information.
The
information to be filed with the Village Clerk pursuant to this chapter 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 past garage sales conducted by applicant in the Village of New
York Mills for a period of two years prior to application for the garage sale
license.
F. Relationship
or connection the applicant had with any other person, firm, group,
organization, association or corporation conducting any past sale within the
said two-year period and the date or dates of such sales.
G. Whether
or not the applicant has been issued any other vendor's license by any local,
state or federal agency.
H. Sworn
statement or affirmation by the applicant signing that the information therein
given is complete and true and known to him to be so.
§ 110-5. Source of
merchandise offered for sale.
The
merchandise offered at the sale shall be only used, unwanted items or personal
property acquired for normal use by the licensee. No new or used merchandise
from other sources shall be offered for sale. This section shall be interpreted
liberally so as to allow neighbors to conduct group sales and so as to allow
relatives to pool their resources.
§ 110-6. Hours of sale.
All garage
sales shall be conducted between the hours of 9:00 a.m. and sunset.
§ 110-7.
Advertisements; signs.
A. One
sign not greater in size than three feet by three 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. All
signs shall be displayed only during the sale and shall be removed within 24
hours after completion of the sale. This includes any sign erected on
cooperating properties.
§ 110-8. Exemptions.
The
provisions of this chapter shall not apply to or affect the following persons
or sales:
A. Persons
selling goods pursuant to an order or process of a court of competent
jurisdiction.
B. Persons
acting in accordance with their powers and duties as public officials.
C. 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.
D. 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 New York Mills or under the protection of
the nonconforming use provisions thereof, 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.
E. 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.
§ 110-9. Enforcement;
responsibility for good order.
A. It
shall be the duty of the Police Department of the Village of New York Mills or
the Village Code Enforcement Officer to investigate any violations of this
chapter brought to its/his attention by complaint or arising during performance
of its/his normal duties.
B. The
person to whom the 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 New York Mills in
order to maintain the public health, safety and welfare and shall contact the
appropriate authorities should there be any breakdown of order.
§ 110-10. Penalties for
offenses.
Any person
committing an offense against any provision of this chapter shall, upon
conviction, be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $250 or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
