[HISTORY: Adopted by the Town Board of the Town of Fallsburg 7-11-2006 by Ord. No. 1-2006 (Ch. 19 of the 1971 Code). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Garage Sales Law."
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meanings indicated:
- GARAGE SALE, PORCH SALE, TAG SALE, ATTIC SALE, BARN SALE, YARD SALE (or other sale of a similar character)
- The sale on residential premises of five or more items, including, but not limited to, furniture, appliances, furnishings, clothing, bric-a-brac, antiques, toys, tools and similar items used about a household or person, other than by auction or the sale of the entire contents of a household.
- An individual article or complete unit.
- Includes all occupants residing in the same dwelling.
It shall be unlawful to bring onto or into any premises for the purpose of the sale any time which has not been customarily located at or used in connection with the residence where the sale is to take place or at the residence of an applicant who is not the owner of the residence where the sale is to take place.
No person shall conduct or provide items for sale at a garage sale, porch sale or other similar-type sale in any hamlet or incorporated village located within the Town without first obtaining a license therefor from the licensing officer, who shall be the Town Clerk.
A garage sale license shall be valid for no more than three consecutive days and shall not be issued to any one person or residence more than three times in any one calendar year for the same premises, and no sale shall be conducted prior to 7:00 a.m. or after 3:00 p.m.
Any person desiring to procure a license as herein provided shall file with the Town Clerk a written application upon a form furnished by the Town Clerk.
Such application shall be issued without a fee and shall provide the following information under oath:
The name, address and phone number of the applicant.
The address where the garage sale is to take place and the name of the owner of the premises, if different from the applicant.
The dates on which the garage sale or similar-type sale is to be conducted.
The last date on which a garage sale or similar-type sale was conducted on the premises and, if the applicant is not a resident of the premises, the last date on which he/she has participated in such sale in the Town.
A description of the items to be offered for sale.
Such other information as may be required by the licensing officer to determine the veracity or to clarify any of the prior statements required in this section.
A license shall be refused if the applicant shall have been convicted of any violation of this chapter within the last two years or if the applicant does not otherwise meet the requirements of this chapter. Any applicant who has been refused a license by the licensing officer may, within two days of the refusal, apply to the Town Board therefor, and the same may be granted or refused by the Town Board, after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel.
A license shall not be assignable. Any holder of such license who permits it to be used by any other person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter.
A copy of all licenses issued shall be filed in the Town Clerk's office and shall state clearly the kinds of goods, wares or merchandise to be sold, the dates of issuance and expiration of the license and the name and address of the licensee.
Every license shall be displayed prominently at the place of sale daring the conduct of such sale.
No more than four signs, none of which shall exceed four square feet, shall be permitted to advertise any one sale. Unless the sign is to be located at the residence where the sale is to be conducted, it must contain the address where the sale is to be conducted and the date or dates by month and date. Signs must contain the contact phone number of the licensee. All signs must be properly secured so as to prevent a hazard to traffic and pedestrians. No fluorescent signs, signs with lights or flash or movement or appearance of movement shall be permitted. If the sign or signs are to be placed at a location other than the residence where the sale is to be conducted, it shall be the responsibility of the licensee to obtain the permission or consent of the owner of the location where the signs are placed. No such signs shall be erected for advertisement more than 24 hours prior to the commencement of the sale, and all such signs must be removed from display within eight hours of the completion of the sale.
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 other public official acting pursuant to and within the scope of his authority.
Any person advertising, in a publication of general circulation, the sale of tangible personal property not displayed to the public.
Any sale of personal property authorized or licensed pursuant to any state statute or any other local law, ordinance, rule or regulation.
The licensee for a garage or similar sale shall be responsible for the maintenance of good order and decorum on the premises during the hours of the sale and shall not permit the parking of motor vehicles on or about the public streets, or infringe upon adjoining neighbor's property, driveways, rights-of-way, mail delivery space or refuse collection, or impede the flow of vehicular traffic, or obstruct or impede pedestrian traffic on the sidewalks or walkways of the Town.
The licensee shall be responsible for removing the sale items from the property within 24 hours of the end of the sale.
The licensee shall not permit any loud or boisterous conduct on the premises.
No goods shall be placed outside or stored outside except during the permitted duration of the sale.
It is not the purpose of or intent of this chapter to change or otherwise amend Chapter 310, Zoning.
A violation of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days in the county jail, or both, and each day a violation of the chapter continues shall constitute a separate offense. In addition to the fine or penalty hereinafter provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance.
Obedience to the provisions hereinbefore set forth may be enforced by a criminal information for the penalty herein described, as well as by civil action at law or equity by means of an injunction or otherwise to abate or prevent a violation of the provisions of this chapter. The imposition of penalty for a violation of this chapter shall not excuse the violation or permit it to continue, and the remedies herein provided for penalties and civil actions to enjoin or abate a violation shall be cumulative.