[HISTORY: Adopted by the Board of Trustees of the Village of Manlius 4-14-1998 by L.L. No. 4-1998. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Garage Sale Law of the Village of Manlius, New York." This chapter is established to control and regulate the conducting of sales, commonly referred to as "garage sales," within the Village of Manlius in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on. The further purpose of this chapter is to eliminate the perpetual, prolonged and extended garage sales.
As used in this chapter, unless the context or subject matter otherwise requires:
- GARAGE SALE, PORCH SALE, TAG SALE, ATTIC SALE, BARN SALE or YARD SALE (or a sale of a similar character, herein referred to as "garage sale")
- The sale of items of tangible personal property, including, but not limited to, furniture, appliances, furnishing, clothing, bric-a-brac, antiques, toys, tools and similar items used about a household or person in the normal course of living in or maintaining a residence.
- An individual article or a complete unit.
- The Village of Manlius.
It shall be unlawful for any person to conduct a garage sale within the Village except in accordance with the provisions of this chapter.
A garage sale may be conducted for no more than two consecutive days commencing no earlier than 8:00 a.m. and concluding no later than 5:00 p.m. There shall be no more than three garage sales at any one location during a calendar year.
Not more than three signs, each of which shall be no larger in size than two feet by two feet, may be used to advertise a garage sale. Such signs shall be displayed no earlier than 24 hours prior to the sale and shall be removed immediately after the sale is concluded.
No sign or other display advertising the sale shall be placed on the public right-of-way.
A garage sale may be conducted only on property owned, leased or rented by a person conducting the sale. Multiple-family sales are encouraged and permitted, provided that the sale is conducted on property owned, leased or rented by one of the participants.
The person(s) conducting a garage sale shall be responsible for the maintenance of good order and decorum on the property during the garage sale, and shall not permit the parking of motor vehicles on or about the public streets or such other premises which would impede the flow of vehicular traffic or obstruct or impede pedestrian traffic on the sidewalks of the Village. No hawking or public address device or system shall be permitted.
No item purchased or acquired for resale or obtained on consignment may be offered for sale.
Items offered for sale may only be displayed within the residence, in a garage or carport or in a yard and not in any public right-of-way or elsewhere. All remaining items, tables, other display apparatus and debris shall be removed from public view immediately after the sale is concluded.
This chapter shall not apply to:
A person selling personal property pursuant to an order or process of a court of competent jurisdiction, or to any public official acting pursuant to and within the scope of his or her authority.
Any person advertising in a publication of general circulation the sale of not more than five items of tangible personal property which are specifically named or described in the advertisement and not displayed to the public at large.
Any sale of personal property authorized or licensed pursuant to any state or local law, ordinance, rule or regulation.
Any charitable, educational, cultural, fraternal, religious, civic, service or other not-for-profit corporation or voluntary association.
Any auction or bona fide estate sale of all or substantially all of the contents of a household.
It is not the purpose or intent of this chapter to change or otherwise amend Chapter 99, Zoning, of the Village.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not less than $100 nor more than $250, or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.