This chapter shall be known and cited as the "Garage and Yard
Sale Permit Local Law."
These rules and regulations are designed to control and restrict
garage and yard sales in order to protect the public health, safety
and convenience and to restrict such sales to casual and/or occasional
occurrences only, in keeping with the character of the neighborhood
where this activity is carried on. The intent of this chapter is to
eliminate repetitive, perpetual, prolonged and extended garage and
yard sales in residential areas. Such sales, if continued indefinitely,
tend to become retail businesses in residential areas and zones, thereby
creating a nuisance to the residents, traffic control and parking
difficulties, and other issues. The provisions of this chapter arise
from the need to limit, regulate, restrict and control garage and
yard sales.
As used in this chapter, the following terms shall have the
meanings indicated:
GARAGE SALE
A.
The sale or offering for sale of new, used or secondhand items
of personal property at any one residential premises at any one time.
B.
Includes all sales in residential areas entitled "garage sale,"
"yard sale," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "flea market sale" or any similar
casual sale of tangible personal property.
GOODS
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
MUNICIPALITY
All residential dwellings located within any type of zone,
zoned area, zoning district, whether or not said areas or zones are
residential, business, commercial or otherwise, within the geographic
boundaries of the Town of Dickinson.
PERSONS
Individuals, partnerships, family groups, voluntary associations
and corporations.
This chapter shall not be applicable to:
A. Persons selling goods pursuant to an order of process or 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 is specifically named or described in the advertisement.
D. Any publisher of a newspaper, magazine or other publication or other
communications media which publishes or broadcasts anything in good
faith without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been met.
E. Any sale conducted by any legitimate business or commercial or industrial
establishment on property zoned under the zoning regulations of the
Town of Dickinson with or without the protection of the nonconforming
use section of the zoning laws, or any sale conducted by any other
vendor or dealer when the sale is conducted in a properly zoned area
and not otherwise prohibited by laws of New York State and laws of
the Town of Dickinson, including this chapter.
F. Sales by a bona fide charitable, eleemosynary, educational, cultural
or governmental institution, civic group, service club, religious
or fraternal society or other tax-exempt organization; provided, however,
that the burden of proof to establish the exemption under this subsection
shall be on the organization or institution claiming such exemption.
G. Any public auction having a duration of no more than two days and
conducted by an auctioneer, licensed by New York State.
The persons to whom the garage and yard sale permit was issued
and the person conducting the sale and the owner, tenant or occupant
of the premises where the sale or activity is conducted shall be jointly
or severally responsible for the maintenance of good order and decorum
on the premises during the hours of such sale or activity.
A. No such person shall permit any loud or boisterous conduct on such
premises or permit vehicles to impede the passage of the traffic on
any roads or streets in the area of the premises where the sale is
being conducted.
B. In the event of an emergency, all such persons shall obey reasonable
orders from any member of the Police Department or the Fire Department
in order to maintain the public health, safety and convenience.
Any person, firm or corporation who or which shall violate any
provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $500, plus costs of prosecution and,
in default of payment thereof, to imprisonment for a term not to exceed
30 days. Every day that a violation of this chapter continues shall
constitute a separate offense.