Town of Grand Island, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Grand Island at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
Block parties — See Ch. 117.
Peddling, soliciting and special events — See Ch. 242.
Streets and sidewalks — See Ch. 323.
Zoning — See Ch. 407.
This chapter is intended to regulate the conduct of sales commonly referred to as "garage sales" or "yard sales" within residential areas of the Town of Grand Island. The rules and regulations contained in this chapter are designed to control and restrict garage and yard sales in order to protect the public health, safety, and convenience and to restrict such sales to casual or occasional occurrences only, in keeping with the character of the neighborhood where this activity takes place.
Words and terms not defined in this chapter shall have the meanings given them in Chapter 407, Zoning, of the Code of the Town of Grand Island, or in the absence of definition, such words and terms shall have their ordinary meaning.
A general sale open to the public, conducted from a residential premises or in any residential district as established by Chapter 407, Zoning, of the Code of the Town of Grand Island for the purpose of disposing of personal property owned by the resident of the premises where sold or by additional neighboring residents of the Town of Grand Island or an immediate relative of such resident. The term shall include all sales referred to as "yard," "attic," "porch," "room," "backyard," "patio," "flea market," "rummage," "estate," "moving," "barn," or "household" sale.
Property other than real property which is owned, utilized, and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence; provided, however, that this term shall not include:
New or used items purchased or consigned for the purpose of sale;
Five or more new items of the same type or kind; and
A large quantity of identical new or used items.
It shall be unlawful for any individual to sell or offer for sale property other than personal property at any garage sale within the territorial limits of the Town of Grand Island.
Number. Not more than four garage sales within any calendar year, nor more than one garage sale in any thirty-day period, shall be conducted on the same premises or by the same individual(s).
Length. No garage sale shall last more than three consecutive days.
Hours. Garage sales shall be held only between sunrise and sunset of each day.
Location. No garage sale shall be conducted on the public sidewalks or public right-of-ways, and all garage sales shall be confined to the area within the lot lines and back from the sidewalk or, if there is no sidewalk, at least 10 feet back from the street lot line.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Any law enforcement agency having jurisdiction may enforce such temporary controls to alleviate any special hazards or traffic congestion created by any garage sale.
The individual(s) who conduct(s) a garage sale and the owner(s) or tenant(s) of the premises on which such garage sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such garage sale. No such individual shall permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any law enforcement and code enforcement official in order to maintain the public health, safety, and welfare.
All premises holding garage sales shall be subject to inspection at all times by any duly authorized representative of the Town of Grand Island.
Garage sale advertising is subject to the following limitations:
Time limitations. No sign or other form of outdoor advertisement shall be exhibited for more than seven calendar days prior to the day such sale is to commence.
Removal of signs. Signs must be removed on the day following the close of the garage sale.
The provisions of this chapter do not restrict or affect the following:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Intermittent advertising for sale in a publication of general circulation and any resultant sale by persons in a residential district of 15 items or less of personal property which is specifically named or described in the advertisement.
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 Chapter 407, Zoning, of the Code of the Town of Grand Island or under the protection of the nonconforming use section thereof or any other sale conducted by a dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited by any other local or state statute or ordinance.
Any sale by a bona fide charitable, religious, educational, cultural, governmental, or other tax-exempt organization.
Any public auction having a duration of no more than two days and conducted by an auctioneer licensed by the State of New York.
Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense.
Any person found guilty of violating the terms of this chapter shall be fined not more than $250 for each offense or imprisoned for not more than 15 days, or both.