The following words and phrases shall have the
following meanings with respect to this chapter, unless the context
otherwise dictates or requires:
GARAGE SALE
Includes all sales commonly known as or referred to as "garage
sale," "rummage sale," "flea market sale" or any other similar casual
sale of tangible personal property, not otherwise regulated by Village
ordinances of New Haven, and which is advertised by any means whereby
the public at large is or can be aware of such sale.
GOODS
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
PERSON
Includes any individual co-partnership, corporation, association,
joint venture and any other group or combination acting as a unit
and the individuals constituting such group or unit.
No person shall conduct or cause to be conducted a garage sale as herein defined in the Village of New Haven without first filing with the Village Clerk a written application, as hereinafter provided, on forms prescribed by the Clerk, and further without first obtaining from said Clerk a permit to conduct or cause to be conducted such a garage sale as defined in §
277-1.
The provisions of this chapter shall not apply
to or affect the following person or sales:
A. Persons selling goods pursuant to an order or process
of 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 are specifically named or described
in an advertisement and which separate items do not exceed five in
number.
D. Any sale regulated under any other provision or provisions
of the ordinances of the Village of New Haven.
E. Any bona fide charitable, educational, cultural, or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be upon the organization or institution claiming such exemption.
All signs permitted under this chapter advertising
the holding of a garage sale must conform with the following requirements:
A. Signs shall not be larger than four square feet in
area.
B. Only one sign advertising such garage sale may be
located at the location and premises of said garage sale.
C. Two other signs advertising such garage sale may be
placed within a radius of 1/2 mile of the garage sale during the period
of the garage sale, as hereinafter limited.
D. No signs advertising a garage sale shall be placed
in any manner on public property. Such signs may only be placed on
private property with the consent of the property owner.
E. Under no circumstances shall any such sign be attached
to any tree, traffic control device, street sign, or utility pole
on any public right-of-way or land either by nail, screw, wire, cord
or by any manner whatsoever.
F. No sign advertising a garage sale shall be erected
or placed more than three days prior to the first date of the garage
sale, and all such signs shall be removed by the person conducting
said garage sale within 24 hours following the last date of the garage
sale.
[Amended 1-13-2015 by Ord. No. 333]
Any person or persons violating any of the above provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter
59, Municipal Civil Infractions, of the Code of the Village of New Haven.