§ 72-3Source of items for sale limited.
§ 72-4License required; licensing officer.
§ 72-5Term of license; frequency and hours
§ 72-6Application for license.
§ 72-7Issuance or refusal of license.
§ 72-8License not assignable.
§ 72-9Contents of license.
§ 72-10Display of license.
§ 72-13Maintenance of order; impeding traffic.
§ 72-14Effect on zoning.
§ 72-15Penalties for offenses.
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:
- GARAGE SALE, PORCH SALE, TAG SALE, ATTIC SALE, BARN SALE, YARD SALE (or other sale of a similar character)
- 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.
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.
Such application shall be issued without the payment of a fee and shall be under oath and provide the following information:
The name, address and age of the applicant.
The address where the garage sale is to take place and the name of the owner of the premises if different from the applicant.
The dates on which the garage sale is to he conducted.
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.
A description of items to be offered for sale.
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.
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 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.
Any person advertising in a publication of general circulation the sale of tangible personal property not displayed to the public.
Any sale of personal property authorized or licensed pursuant to any state statute or any other local law, ordinance, rule or regulation.
Any charitable, educational, cultural, fraternal, religious corporation, association or institution, civic group, service club, voluntary associations or not-for-profit corporations.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the Zoning Ordinance of the Village of Woodridge.
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 the Zoning Ordinance of Village of Woodridge.
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.
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.