[HISTORY: Adopted by the Board of Trustees
of the Village of Dobbs Ferry 3-22-1978 by L.L. No. 2-1978. Amendments noted where
applicable.]
It shall be unlawful for any person or persons
to conduct a garage sale in the Incorporated Village of Dobbs Ferry
without first obtaining a license and complying with the regulations
set forth herein.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale" or "flea market sale" or any similar casual
sale of tangible personal property which is advertised by any means
whereby the public at large is or can be made aware of said sale.
Includes individuals, partnerships, voluntary associations
and corporations.
Garage sales in the Village of Dobbs Ferry shall
be regulated in the following manner:
A.
Merchandise. Garage sales shall offer only used, unwanted
items of personal property owned by the resident of the property where
the sale is held. No new merchandise shall be offered for sale nor
may new merchandise from other sources be brought in and offered for
sale.
B.
Hours. Garage sales shall not commence before 10:00
a.m. and must terminate by 6:00 p.m.
C.
No person shall conduct more than three garage sales
on his premises in any one calendar year. Such sale may not extend
for a period of more than three days.[1]
The information to be filed with the Village
Clerk pursuant to this chapter shall be as follows:
A.
Name of person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner of the property on which said sale
is to be conducted and the consent of the owner if the applicant is
other than the owner.
C.
Location at which sale is to be conducted.
D.
Number of days of sale.
E.
Date and nature of any past sale.
F.
Relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting said sale and the date or dates of such
sale.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
Sworn statement or affirmation by the person signing
that the information therein given is full and true and known to him
to be so.
The provisions of this chapter shall not apply
to or affect the following persons 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 the advertisement and which separate items do not exceed five in
number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been complied with.
E.
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 regulations of the Village
of Dobbs Ferry or under the protection of the nonconforming use section
thereof, or any other sale conducted by a manufacturer, dealer or
vendor and which sale would be conducted from properly zoned premises
and not otherwise prohibited.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this subsection
shall be on the organization or institution claiming such exemption.
A.
This chapter shall be enforced by the Police Department
and the Building Department.
B.
The person to whom such license is issued and the
owner or tenant of the premises on which such sale or activity is
conducted shall be jointly and severally responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such person shall permit loud or boisterous conduct
on said premises nor 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 reasonable orders of any member of the Police Department,
Building Department or officers of the Fire Department of the Village
of Dobbs Ferry in order to maintain the public health, safety and
welfare.[1]
