This chapter will be entitled "Garage and Yard Sales."
The legislative intent and purpose of this chapter are to adopt
a new chapter in the Town of Hamburg Code to establish conditions
pursuant to which residents may conduct occasional garage and/or yard
sales at their premises within the Town. It has come to the attention
of the Town Board that a number of residents are having frequent and/or
repeated garage and yard sales at their homes, in effect turning their
residential premises into a site where retail business is conducted
in a residential area. The Town Board has determined that in order
to promote the public health, safety, general welfare, and convenience
of the residents of the Town of Hamburg, it has become necessary to
restrict such garage and yard sales in residential zoning districts.
Such sales, if continued without limitation, tend to have the effect
of establishing retail businesses in residential areas, creating a
public nuisance and altering and compromising the residential character
of the neighborhoods and otherwise violating the spirit and intent
of the Town Zoning Code.
As used in this chapter, the following terms will have the meanings
indicated:
GARAGE/YARD SALE
The general sale of personal property conducted from or on
residential premises at any one time for the sale of tangible personal
property. These sales shall include but not be limited to, all sales
entitled ""garage," "lawn," "estate," "yard," "barn," "porch," "rummage,"
"flea market," "moving" or any such similar casual sale.
PERSONAL PROPERTY
Any such item, goods, clothing, furniture, appliance or other
tangible property which is owned, utilized and maintained by the owner
or tenant on a residential property and was acquired in the normal
course of living in or maintaining a residence. It explicitly does
not include any goods or merchandise which were obtained or purchased
for resale or consignment.
RESIDENTIAL PREMISES
Any real property, parcel, lot or building thereon which
is used for residential occupancy, regardless of the zoning designation.
This chapter shall not be applicable to:
A. Persons selling goods pursuant to an order of process or pursuant
to a court of competent jurisdiction.
B. Persons acting in accordance with their powers and duties as public
officials.
C. Any sale conducted by any lawful and legitimate business or commercial
or industrial establishment or any sale conducted by any other vendor
or dealer in a time, place and manner not otherwise prohibited by
state or local laws.
D. Any public auction having duration of no more than two days and conducted
by an auctioneer licensed by the State of New York.
Garage/yard sales shall be conducted so as not to impede nor
disrupt traffic or parking within the neighborhood.
The owner, tenant, occupant, lessee or person otherwise in charge,
control and/or possession of residential premises where the garage
sale is held shall be held responsible for compliance with the regulations
set forth in this chapter.
Any person found guilty of committing an offense against any
of the provisions of this chapter shall be subject to the payment
of a fine. The amount of said fine shall be as set forth in the Code
by the Town of Hamburg Board. Each day that a violation continues
shall constitute a separate and distinct violation.
This chapter will become effective immediately upon its enactment
by the Town Board, after proper filing with the offices of the State
Comptroller and the Secretary of State.