[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1914 (Ch. 6 of the 1971 Code)]
No person, firm or corporation, their servants, agents or employees, shall within the City of Middletown, either by word of mouth, sign, advertisement, placard or by any written or printed character, or in any manner whatever, make any false or misleading statement or misrepresentation as to the quality or character of goods, wares or merchandise exposed or offered for sale by the person, firm or corporation exposing or offering such goods, wares or merchandise for sale, nor make any false or misleading statement or representation in any manner whatever relative to the former ownership of such goods, wares or merchandise, nor make any false or misleading statement or representation in any manner whatever relative to the reason for selling or disposing of such goods, wares or merchandise.
Any person, firm or corporation violating any of the provisions of this article shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment of not less than 10 days nor more than 100 days, or by both.
[Adopted 2-25-1974 (Ch. 40 of the 1971 Code)]
This article is established to control, regulate and license the conducting of sales, commonly referred to as garage sales, yard sales or barn sales, within residential areas of the City of Middletown. Such sales are hereby defined as the sale of household merchandise owned by the resident of the premises.
No person or persons shall establish, operate, maintain or conduct so-called yard sales, garage sales or barn sales within the boundaries of the City of Middletown unless he shall first obtain a license for such sale from the City Clerk of the City of Middletown, New York, on such form as the City Clerk may require. The license shall be issued for no more than three consecutive days, between the hours of 8:00 a.m. and 8:00 p.m., and for no more than two sale periods in any calendar year. The fee for any such sale shall be $10 for each license.
[Amended 1-7-2008; 4-16-2013]
This article shall be enforced by the Commissioner of Public Works or his representative.
The City Clerk shall collect a refundable deposit of $50 additional to the fee until the Commissioner of Public Works or his representative releases the deposit pursuant to § 319-17, Posting of notices prohibited. If the deposit of $50 is not picked up after 60 days after the yard sale, the deposit of $50 will not be refunded.
[Added 4-16-2013; amended 9-15-2015]
It is not the intent of this article to change or amend the Zoning Ordinance of the City of Middletown, New York.
Violation of this article shall be subject to a fine of not more than $100 for each day of violation.