[HISTORY: Adopted by the Board of Trustees of the Village
of Woodridge 4-5-1999 by L.L. No.
1-1999 (Ch. 72 of the 1992 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 400
This chapter shall be known and may be cited as the "Garage
Sales Law of the Village of Woodridge, New York."
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
The sale on residential premises of five or more items, including,
but not limited to, furniture, appliances, furnishings, clothing,
bric-a-brac, antiques, toys, tools and similar items used about a
household or person, other than by auction or the sale of the entire
contents of a household.
An individual article or complete unit.
Includes all occupants residing in the same dwelling.
It shall be unlawful to bring onto or into any premises for
the purpose of the sale any item which has not been customarily located
at or used in connection with the residence where the sale is to take
place or at the residence of an applicant who is not the owner of
the residence where the sale is to take place.
No person shall conduct or provide items for sale at a garage
sale, porch sale or other similar type sale in any residential district
of the Village without first obtaining a license therefor from the
licensing officer, who shall be the Village Clerk.
A garage sale license shall be valid for no more than three
consecutive days and shall not be issued to any one person or residence
for more than three times in any one calendar year, and no sale shall
be conducted prior to 7:00 a.m. nor after 8:00 p.m.
A.
Any person desiring to procure a license as herein provided shall
file with the Village Clerk a written application upon a form furnished
by the Village Clerk.
B.
Such application shall be issued without the payment of a fee and
shall be under oath and provide the following information:
(1)
The name, address and age of the applicant.
(2)
The address where the garage sale is to take place and the name of
the owner of the premises if different from the applicant.
(3)
The dates on which the garage sale is to be conducted.
(4)
The last date on which a garage sale was conducted on the premises
or, if the applicant is not a resident of the premises, the last date
on which he/she has participated in a garage sale in the Village of
Woodridge.
(5)
A description of items to be offered for sale.
(6)
Such other information as may be required by the licensing officer
to determine the veracity or to clarify any of the prior statements
required in this section.
B.
A license shall be refused if the applicant shall have been convicted
of any violation of this chapter within the last two years or if the
applicant does not otherwise meet the requirements of this chapter.
Any applicant who has been refused a license by the licensing officer
may, within 20 days of the refusal, apply to the Board of Trustees
therefor, and the same may be granted or refused by the Board of Trustees,
after a public hearing at which the applicant shall be given the opportunity
to be heard and to be represented by counsel.
A license shall not be assignable. Any holder of such license
who permits it to be used by any other person and any person who uses
such license granted to any other person shall each be guilty of a
violation of this chapter.
A copy of all licenses shall be filed in the Village Clerk's
office and shall state clearly the kinds of goods, wares, or merchandise
to be sold, the dates of issuance and expiration of the license and
the name and address of the licensee.
Every license shall be displayed prominently at the place of
sale during the conduct of such garage sale.
Not more than four signs, none of which shall exceed four square
feet, shall be permitted to advertise any one garage sale. Unless
the sign is to be located at the residence where the sale is to be
conducted, it must contain the address where the sale is to be conducted
and the date or dates by month and day. If the sign or signs are to
be placed at a location other than the residence where the sale is
to be conducted, it shall be the responsibility of the licensee to
obtain the permission or consent of the owner of the location where
the signs are placed. No such signs shall be erected for advertisement
more than 48 hours prior to the commencement of the sale, and all
such signs must be removed from display within 24 hours of the completion
of the garage sales.
This chapter shall not apply to:
A.
A person selling personal property pursuant to an order or process
of a court of competent jurisdiction, or to any public official acting
pursuant to and within the scope of his authority.
B.
Any person advertising in a publication of general circulation the
sale of tangible personal property not displayed to the public.
C.
Any sale of personal property authorized or licensed pursuant to
any state statute or any other local law, ordinance, rule or regulation.
D.
Any charitable, educational, cultural, fraternal, religious corporation,
association or institution, civic group, service club, voluntary associations
or not-for-profit corporations.
The licensee for a garage sale shall be responsible for the
maintenance of good order and decorum on the premises during the hours
of the garage sale and shall not permit the parking of motor vehicles
on or about the public streets or such premises which would impede
the flow of vehicular traffic and shall not obstruct or impede pedestrian
traffic on the sidewalks of the Village. If the sale shall continue
for more than one day, the licensee shall be prohibited from leaving
the sale items out in the yard overnight, but instead shall be responsible
for removing the sale items from the property at the end of each day
of the sale.
It is not the purpose or intent of this chapter to change or otherwise amend Chapter 400, Zoning, of the Code of the Village of Woodridge.
A.
A violation of this chapter shall constitute a violation and shall
be punishable by a fine not exceeding $250 or by imprisonment not
exceeding 15 days in the county jail, or both, and each day a violation
of the chapter shall continue shall constitute a separate offense.
In addition to the fine or penalty hereinabove provided, any condition
caused or permitted to exist in violation of any of the provisions
of this chapter shall be deemed a public nuisance and may be abated
by the Village as provided by law. Each day that such violation continues
shall be regarded as a new and separate offense.
B.
Obedience to the provisions hereinbefore set forth may be enforced
by a criminal information for the penalty herein described, as well
as by civil action at law or equity by means of an injunction or otherwise
to abate or prevent a violation of the provisions of this chapter.
The imposition of a penalty for a violation of this chapter shall
not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil actions to enjoin or abate
a violation shall be cumulative.
