[HISTORY: Adopted by the Town Board of the Town of Sweden 9-23-2003
by L.L. No. 2-2003. Amendments noted where applicable.]
The Town Board has determined that the unregulated sales of personal
property, through what are commonly known as "garage sales," "lawn sales"
or "rummage sales" or similar types of sales, result in the commercialization
of neighborhoods and result in parking and traffic problems as well as introducing
commercial activity into residential areas. The Town has also determined that
the complete prohibition of such sales would prevent the residents of the
Town of Sweden from being able to sell surplus personal property in a reasonable
manner without an undue impact on the health, safety and welfare of the community.
A.Â
When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.Â
GARAGE SALE
NEIGHBORHOOD/GROUP GARAGE SALE
PERSONAL PROPERTY
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
Includes all general sales, open to the public, conducted from or on a residential premises or in any residential zone, as defined in Chapter 175, Zoning, for the purpose of disposing of personal property or other property, including but not limited to all sales titled "garage," "lawn," "estate," "yard," "attic," "flea market" or "rummage sale." This definition shall not include the sale of up to five household items per calendar year and where all advertisement of such sale specifically names those items to be sold.
[Amended 10-26-2004 by L.L. No. 1-2004]
Sale where one or more households participate in a joint sale of
personal property. Joint sales that spread among contiguous properties shall
be considered to be individual garage sales for the purpose of obtaining a
permit.
Includes property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which was purchased
for resale or obtained on consignment.
It shall be unlawful for any individual to sell or offer for sale, under
authority granted by this chapter, property other than personal property.
Notwithstanding the foregoing, members of more than one residence may join
together in a single sale held at one of their residences.
A third garage sale shall be permitted in a calendar year if satisfactory
proof of a bona fide change of ownership of the real property is first presented
to the Code Enforcement Officer.
Personal property offered for sale during a garage sale permitted by
this chapter may be displayed in the yard. Personal property offered for sale,
but not constituting a garage sale as defined in this chapter, must be displayed
within a residence, garage or carport or on a private driveway located in
the rear yard.
A.Â
Signs permitted. Only the following specified signs may
be displayed in relation to a pending garage sale:
(1)Â
Two signs permitted. Two signs of not more than six square
feet each are permitted to be displayed on the property of the residence where
the garage sale is being conducted.
(2)Â
Directional signs. Two signs of not more than six square
feet each are permitted on other premises, provided that written permission
to erect said signs is received from the property owners upon whose property
such signs are to be posted. No signs are allowed on public property or utility
property. Locations of these signs shall be disclosed on the permit application.
B.Â
Time limitations. No sign or other form of advertisement
shall be exhibited for more than two days prior to the day such sale is to
commence.
C.Â
Removal of signs. Signs must be removed by the end of
the final day of the sale.
[Amended 8-22-2006 by L.L. No. 3-2006]
A.Â
The owner or tenant who wishes to conduct a garage sale shall
secure a permit to have such a sale. The permit will be displayed on the premises.
There will be a nonrefundable fee determined annually by the Town Board required
for the permit to conduct a garage sale.
B.Â
Joint sales must be sponsored or held on one property
whose homeowner is responsible for obtaining the permit.
All parking of vehicles shall be conducted in compliance with all applicable
laws and ordinances. Further, the Monroe County Sheriff, New York State Police
and Code Enforcement Officer may enforce such temporary controls to alleviate
any special hazards and/or congestion created by any garage sale.
The provisions of this chapter shall not apply to or affect the following:
A.Â
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and duties
as public officials.
C.Â
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization, when the proceeds from
the sale are used directly for the institution's or organization's charitable
purposes and the goods or articles are not sold on a consignment basis.
[Amended 8-22-2006 by L.L. No. 3-2006]
The person or persons to whom such permit is issued and the fee owner
and occupant of the premises on which the sale is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of the sale. No such person or persons shall
permit any loud or boisterous conduct on said premises or permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such persons shall obey the orders of the Code Enforcement Officer
and any other duly authorized official or agency, in order to maintain the
public health, safety and welfare.
It is not the intention of this chapter to change or amend Chapter 175, Zoning.
A.Â
Any person who violates the provisions of this chapter
shall be subject, upon conviction, to a penalty of not more than $250 per
day or a term of imprisonment not to exceed 15 days, or both.
[Amended 8-22-2006 by L.L. No. 3-2006]
B.Â
Every day a sale is conducted in violation of this chapter
shall constitute a separate offense, and any person allowing or permitting
the continuation of the offense may be punished as provided herein for each
separate violation.
