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Town of Ogden, NY
Monroe County
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Table of Contents
Table of Contents
Code
New Laws (11) Index
[HISTORY: Adopted by the Town Board of the Town of Ogden 12-13-1995 by L.L. No. 9-1995 (Ch. 91 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 300.
For the purposes of this chapter, the following phrases, words and their derivations shall be defined as follows:
GARAGE SALE
Includes all sales open to the public, conducted from or on a residential premises in any residential zone (as defined in Chapter 300, Zoning) for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "tag," "yard," "barn," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage" sale or any similar casual sale of personal property.
PERSON
Includes any individual, association, company, firm, corporation, partnership, society or any other organization.
PROPERTY
Includes all personal property, goods or merchandise which is owned, utilized and maintained in and about a residence, appurtenant structures and the exterior thereof, such as but not limited to clothing, furniture, furnishings, rugs, lamps, dishes, paintings, antiques, tapestries, silverware, silver service, cookware, decorative items, toys, games, books, magazines and any other property capable of being the object of a sale regulated hereunder.
A. 
It shall be unlawful for any person or persons to conduct more than one garage sale within a twelve-month period in the Town of Ogden without first filing with the Town Clerk the information hereinafter specified and obtaining from the Town Clerk a permit to do so, to be known as a "garage sale permit." For the purpose of this chapter, any person or persons participating in or contributing or offering property for sale at a garage sale shall be deemed to be conducting such sale.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
It shall be unlawful for any person to participate in a garage sale in the Town of Ogden which has not been permitted as set forth in this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The fee for such permit shall be set forth from time to time by the Town Board. Such fees are kept on file in the Town offices.
Prior to the issuance of any garage sale permit, the person or persons conducting such sale shall file a written statement with the Town Clerk at least five business days in advance of the proposed sale, setting forth the following information:
A. 
The names of the person or persons conducting the sale.
B. 
The name of the fee owner of the real property on which the sale is to be conducted, and the written consent of the fee owner if such fee owner is not one of the persons conducting the sale.
C. 
The location at which the sale is to be conducted.
D. 
The date or dates upon which the sale shall be conducted.
All garage sales conducted in the Town shall be subject to the following conditions:
A. 
No more than two permits shall be issued for any one location during a twelve-month period.
B. 
All garage sales shall be limited to no more than three consecutive days.
C. 
All garage sales shall be conducted only between the hours of 9:00 a.m. and 6:00 p.m.
D. 
Any garage sale permit shall be posted on the premises in a conspicuous place so as to be seen by the public.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
If, because of inclement weather conditions, a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale, the Town Clerk may issue another permit for a garage sale to be conducted at the same location as previously approved, such sale to be conducted within 30 days from the date when the first sale was to be held, without payment of an additional permit fee. If a single garage sale not requiring a permit is terminated during the first day of the sale because of inclement weather conditions, such sale may be continued at a later date without a permit, provided that it is held within 30 days from the date when the first sale was to be held.
B. 
A third garage sale may be permitted in a twelve-month period at a location by a new property owner, provided that satisfactory proof of a bona fide change in ownership of the real property is first presented to the Town Clerk and all the other conditions of this chapter are complied with.
C. 
A third garage sale may be permitted in a twelve-month period at a location by property owners about to sell their premises, provided that satisfactory proof is first presented to the Town Clerk evidencing an intent to close title within 30 days subsequent to such sale and all the other conditions of this chapter are complied with.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Garage sales may be advertised through the newspaper or other news media.
B. 
Temporary signs not greater in size than two by two feet may be installed only on the premises on which the sale is to be held and for no more than 24 hours prior to the commencement of the sale.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
No lighted signs shall be used.
D. 
The signs shall be removed within 24 hours after completion of the sale.
E. 
No sign shall be placed on the public right-of-way.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The provisions of this chapter shall not apply to or affect the following:
(1) 
Persons selling property pursuant to an order of process of a court of competent jurisdiction.
(2) 
Persons acting in accordance with their powers and duties as public officials.
(3) 
Persons 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.
(4) 
Publishers of newspapers, magazines or other publications or other communication media who publish or broadcast information pertaining to such sales 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.
(5) 
Sales conducted by merchants or mercantile or other business establishments from or at a place of business wherein such sale would be permitted by the zoning regulations of the Town of Ogden or under the protection of the nonconforming use section thereof or other sales conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited.
B. 
The provisions of §§ 157-2C and 157-4A of this chapter shall not apply to or affect the following:
(1) 
Sales conducted by bona fide charitable eleemosynary, educational, cultural or governmental institutions or organizations when the proceeds from the sale are used directly for the institution's or organization's charitable purposes and the property is not sold on a consignment basis; provided, however, that the burden of establishing the exemption under this subsection shall be on the institution or organization claiming such exemption.
The person or persons conducting a garage sale in accordance with this chapter and the fee owner and occupant of the premises on which the sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of the sale. No such person or persons shall permit any loud or boisterous conduct on said premises. All such persons shall obey the orders of the Town of Ogden Police Department, Fire Department, Superintendent of the Building Department and any other duly authorized official or agency, in order to maintain the public health, safety and welfare.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It is not the intention of this chapter to change or amend Chapter 300, Zoning.
A. 
Any person who violates the provisions of this chapter shall be subject, upon conviction, to a penalty of not more than $250 or a term of imprisonment not to exceed 15 days, or both.
B. 
Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense, and any person allowing or permitting the continuation of the offense may be punished as provided herein for each separate violation.