[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:
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.
A.
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.
B.
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.
A.
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.
B.
No item purchased or acquired for resale or obtained
on consignment may be offered for sale.
C.
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.
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.
B.
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.
C.
Any sale of personal property authorized or licensed
pursuant to any state or local law, ordinance, rule or regulation.
D.
Any charitable, educational, cultural, fraternal,
religious, civic, service or other not-for-profit corporation or voluntary
association.
E.
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.