[HISTORY: Adopted by the Village Board of the Village of Lowville 4-5-2023 by L.L. No. 2-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 138 but was renumbered to maintain the alphabetical organization of the Code.
This chapter shall be known and may be sited as the "Garage Sale Law" and shall apply to the area within the incorporated Village of Lowville.
This chapter is enacted for the purpose of regulating garage sales including all sales open to the public, conducted from or on a residential premises in any residential zone (as defined in Chapter 201, Zoning, as the same may be amended from time to time).
As used in this chapter, the following terms shall have the meanings indicated:
ENFORCEMENT
This chapter shall be enforced by any police officer or public servant duly appointed by the Village Board, such as the Department of Public Works Supervisor.
GARAGE SALE
Includes all sales open to the public, conducted from or on a residential premises in any residential zone for the purpose of conveying of personal property, including but not limited to all sales including "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 who is a resident of the Village or an association, company, firm, corporation, or partnership that is located within the Village limits.
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.
It shall be unlawful for any individual to offer for sale, on residential premises, property other than personal property.
Personal property offered for sale may be displayed within a residence, a garage, in a carport or in a yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in any public right-of-way.
A. 
Sign permitted. Only the following specified signs may be displayed in connection with a pending garage sale.
(1) 
Two signs permitted. Two signs of not more than four square feet each may be displayed on the residential premises where the garage sale is being conducted. For purposes of this subsection, the term "residential premises" does not include the margin between the sidewalk and the street.
(2) 
Directional signs. Two signs of not more than two square feet each may be displayed on another residential premises if written permission is received from the owner of such other residential premises upon whose property such signs are to be posted.
B. 
Time limitations for signage. No sign or other form of advertisement shall be exhibited more than two days prior to the day a garage sale is to commence.
C. 
Removal of signs. Signs must be removed at the close of the garage sale activities or by the end of daylight, whichever occurs first.
D. 
Prohibited signage. No signs are allowed to be placed on utility poles, municipal poles, or on street signs.
No more than two garage sales may be conducted on the property of any one residence and/or family household during any calendar year. Nothing in this section shall be deemed to preclude members of more than one residence from joining in a garage sale to be conducted by the residence of one of the participants.
Garage sales shall be limited in time to no more than the daylight hours of three consecutive days.
A. 
A violation of any provision of this chapter shall be deemed an offense, and enforcement may be initiated by the issuance of an appearance ticket to a person violating this chapter and shall cause such person to appear before the Justice Court. Any person who violates this chapter shall, upon conviction, be deemed guilty of a violation and to a fine. A violation of this chapter is an offense punishable by a fine not exceeding $100. The Village Board may maintain an action in the name of the Village in a court of contempt jurisdiction to compel compliance with or restrain by injunction the violation of this chapter.
B. 
Each sale of property other than personal property and the conduct of a sale in violation of the term limitations contained in this chapter shall constitute a separate offense.