[HISTORY: Adopted by the Common Council of
the City of Middletown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-11-1914 (Ch. 6 of the 1971 Code)]
No person, firm or corporation, their servants,
agents or employees, shall within the City of Middletown, either by
word of mouth, sign, advertisement, placard or by any written or printed
character, or in any manner whatever, make any false or misleading
statement or misrepresentation as to the quality or character of goods,
wares or merchandise exposed or offered for sale by the person, firm
or corporation exposing or offering such goods, wares or merchandise
for sale, nor make any false or misleading statement or representation
in any manner whatever relative to the former ownership of such goods,
wares or merchandise, nor make any false or misleading statement or
representation in any manner whatever relative to the reason for selling
or disposing of such goods, wares or merchandise.
Any person, firm or corporation violating any
of the provisions of this article shall be punished by a fine of not
less than $10 nor more than $100, or by imprisonment of not less than
10 days nor more than 100 days, or by both.
[Adopted 2-25-1974 (Ch. 40 of the 1971 Code)]
This article is established to control, regulate
and license the conducting of sales, commonly referred to as garage
sales, yard sales or barn sales, within residential areas of the City
of Middletown. Such sales are hereby defined as the sale of household
merchandise owned by the resident of the premises.
A.
No person or persons shall establish, operate, maintain
or conduct so-called yard sales, garage sales or barn sales within
the boundaries of the City of Middletown unless he shall first obtain
a license for such sale from the City Clerk of the City of Middletown,
New York, on such form as the City Clerk may require. The license
shall be issued for no more than three consecutive days, between the
hours of 8:00 a.m. and 8:00 p.m., and for no more than two sale periods
in any calendar year. The fee for any such sale shall be $10 for each
license.
[Amended 1-7-2008; 4-16-2013]
B.
This article shall be enforced by the Commissioner
of Public Works or his representative.
C.
The City Clerk shall collect a refundable deposit of $50 additional to the fee until the Commissioner of Public Works or his representative releases the deposit pursuant to § 319-17, Posting of notices prohibited. If the deposit of $50 is not picked up after 60 days after the yard sale, the deposit of $50 will not be refunded.
[Added 4-16-2013; amended 9-15-2015]
It is not the intent of this article to change
or amend the Zoning Ordinance[1] of the City of Middletown, New York.
Violation of this article shall be subject to
a fine of not more than $100 for each day of violation.
