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.
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.
[Amended 8-22-2006 by L.L. No. 3-2006]
A. 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. 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. 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 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.