Town of Ellicott, NY
Chautauqua County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ellicott 10-21-2002 by L.L. No. 5-2002.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review — See Ch. 121.
Zoning — See Ch. 146.
[1]
Editor's Note: This local law provided that it take effect 3-1-2003.

§ 122-1 Definitions.

As used in this chapter, the following terms shall have the following meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "attic sale," "rummage 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 such sale, and consistent with § 122-5 of this chapter.
GOODS
Includes any goods 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 occupying the same dwelling unit.

§ 122-2 License required.

It shall be unlawful for any person to conduct more than two garage sales in a calendar year in the Town of Ellicott. For each of these two garage sales, the person shall contact the Ellicott Town Clerk with the information hereinafter specified and obtain from such Town Clerk a license to do so, to be known as a "garage sale license."

§ 122-3 Duration 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 three consecutive calendar days.
B. 
Such license shall be issued to each person who is having the sale, in the case of a group or street sale, and each home listed on the license shall get a copy of the license, which shall count as a sale for each person in the group.
C. 
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 garage sale.

§ 122-4 Application for license.

The application to be filed with the Town Clerk pursuant to this chapter shall be as follows:
A. 
The name of the person or persons, firm, group, corporation, association or organization conducting the sale, and, in the case of a group sale, the address of each home involved in the group sale.
B. 
The name of the owner of the property on which the sale is to be conducted and the written consent of the owner, if the applicant is other than the owner, the name and signature of each owner of the property if one person applies for the license on behalf of a group.
C. 
The location at which the sale is to be conducted.
D. 
The number of days of the sale.
E. 
The date and nature of all past garage sales in the Town of Ellicott.
F. 
The relationship or connection the applicant has 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 vendor's license by any local, state or federal agency.
H. 
A sworn statement or affirmation by the applicant signing that the information therein given is full and true and known to the applicant to be so.

§ 122-5 Type of merchandise to be offered.

The merchandise offered at the sale shall be only used, unwanted items of personal property acquired for normal use by the licensee, and not purchased at other locations specifically to resell at a garage sale, as defined herein.

§ 122-6 Hours of sale.

All garage sales shall be conducted only between the hours of 9:00 a.m. and 6:00 p.m.

§ 122-7 Advertisement; signs.

A. 
Garage sales may be advertised through the newspaper or other news media.
B. 
Signs not greater in size than two feet by two feet may be installed.
(1) 
No sign shall be placed on the public right-of-way.
(2) 
No lighted signs may be used.
(3) 
Signs shall be displayed only during the sale and shall be removed within 24 hours after completion of the sale.

§ 122-8 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 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 sale conducted by a 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 Town of Ellicott[1] or under the protection of the nonconforming use provisions thereof, or any other sale conducted from properly zoned premises and not otherwise prohibited.
[1]
Editor's Note: See Ch. 146, Zoning.
E. 
Any bona fide charitable, 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.

§ 122-9 Investigation of violations; responsibility to maintain good order.

A. 
It shall be the duty of the Code Enforcement Officer of the Town of Ellicott to investigate any violations of this chapter brought to his attention by complaint or arising during the performance of his regular duties.
B. 
All persons shall obey the orders of the Police Department of the Town of Ellicott in order to maintain the public health, safety and welfare.

§ 122-10 Penalties for offenses.

Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $100 and/or imprisonment not to exceed 15 days, or both, at the discretion of the court. The continuation of a violation against the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation.