[HISTORY: Adopted by the Board of Trustees of the Village of Larchmont
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-1979 by L.L.
No. 4-1979]
[Amended 9-14-1987 by L.L.
No. 4-1987]
This article is intended to control, regulate and license the conduct
of sales, commonly referred to as "garage sales," "tag sales" and "yard sales,"
within the residential areas of the Village of Larchmont and to distinguish
such sales, as herein defined, from those business uses prohibited in residential
districts by the Zoning Ordinance of the Village of Larchmont[1] on the ground that such sales are not business uses.
As used in this article, the following terms shall have the meanings
indicated:
Those sales of household and personal articles, over and above five
in number, owned by the resident of the premises where sold, or by not more
than two additional residents of the Village of Larchmont or an immediate
relative of such resident, and not acquired for the purposes of sale, said
sales being confined to the area within the lot lines and 10 feet in back
of the sidewalk or, if there is no sidewalk, at least 10 feet back of the
street line.
[Amended 9-14-1987 by L.L.
No. 4-1987]
A.
Licensing procedure.
(1)
No person shall establish, operate, maintain or conduct
a yard sale, garage sale or tag sale within the boundaries of the Village
of Larchmont unless he/she shall first obtain a license for such garage sale,
tag sale or yard sale from the Village Clerk.
[Amended 9-14-1987 by L.L.
No. 4-1987]
(2)
Every applicant for a license for such sale shall apply
for said license to the Village Clerk and shall provide the Village Clerk
with the following information:
(a)
The name and address of the applicant, the names and
addresses of other residents whose property will also be offered for sale,
who shall also sign the application, and the name and address of the real
party in interest if he/she is other than the applicant.
(b)
The date, time and place of the proposed garage, tag
or yard sale.
[Amended 9-14-1987 by L.L.
No. 4-1987]
(3)
A fee, as set by the Village Board from time to time,
shall accompany each application for the conduct of a garage, tag or yard
sale, payable to the Village of Larchmont.
[Amended 5-21-1984 by L.L.
No. 1-1984; 9-14-1987 by L.L.
No. 4-1987]
(4)
Each license issued under this article must be prominently
displayed on the premises upon which the garage, tag or yard sale is conducted
throughout the entire period of the licensed sale.
[Amended 9-14-1987 by L.L.
No. 4-1987]
B.
Any such license, if issued by the Village Clerk, shall
permit such sale for a period of time not exceeding three consecutive days
in any calendar year at any one residence; provided, however, that in the
event of rain or similar inclement weather, one or more of such days can be
postponed to a later date specified in the application, and the license shall
limit the hours of such sale on those days from 9:00 a.m. to 6:00 p.m. No
such license shall be granted for a sale in an apartment building without
the written permission of the landlord or his/her designated agent.
C.
Sign provision. Only one sign may be displayed on the
property where said sale is conducted, and no additional signs shall be displayed
either on or off the property in connection with the sale.
[Amended 9-14-1987 by L.L.
No. 4-1987]
A.
Any person committing an offense against this article
shall, upon conviction, be subject to a fine not exceeding $250 or imprisonment
for a term not exceeding 15 days, or to both such fine and imprisonment. The
continuation of an offense against the provisions of this article shall constitute,
for each day the offense is continued, a separate and distinct offense hereunder.
[Amended 5-4-1981 by L.L.
No. 3-1981]
B.
In addition to the penalties prescribed herein, any sale of articles other than those described in § 223-2 hereof in a residential district, whether or not a license for a yard sale, tag sale or garage sale has been granted, shall be deemed in violation of the Zoning Ordinance of the Village of Larchmont[1] and subject to the penalties therein prescribed.
[Amended 9-14-1987 by L.L.
No. 4-1987]
All licensed premises shall at all times be subject to such reasonable
rules as may be made from time to time by the Village Board of the Village
of Larchmont and shall be subject to inspection at all times by the Chief
of Police or any other duly authorized representative of the Village of Larchmont.
