[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 12-17-1984
by L.L. No. 5-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 295.
It shall be unlawful for any person or persons to conduct a garage sale
in the Incorporated Village of Hastings-on-Hudson without first 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.
A.
Garage sales in the Village of Hastings-on-Hudson shall
be regulated in the following manner:
(1)
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.
(2)
Hours. Garage sales shall not commence before 10:00 a.m.
and must terminate by 6:00 p.m.
(3)
Limitation on number and duration of sales. No person
shall conduct more than two garages sales on his premises in any one calendar
year. Such sale may not extend for a period of more than three days.
(4)
Signs.
(a)
Garage sales may be advertised through the newspaper
or other news media. A sign, not greater in size than three feet by three
feet, may be installed on the property where the sale is being conducted.
(b)
The signs shall be displayed only during the sale and
shall be promptly removed after the sale.
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 any 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 Hastings-on-Hudson
or under the protection of the nonconforming use section thereof or any sale
conducted by a manufacturer, dealer or vendor and which sale would be conducted
from properly zoned premises and not otherwise prohibited.
A.
This chapter shall be enforced by the Police Department
and/or the Building Inspector.
B.
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 or Fire Department
of the Village of Hastings-on-Hudson in order to maintain the public health,
safety and welfare.
Any person, association or corporation conducting any such sale or similar
activity who shall violate any of the terms and regulations of this chapter
shall, upon conviction, be fined not less than $25 nor more than $100 or be
imprisoned for a period not to exceed 10 days for each violation.