[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.
ITEM
An individual article or complete unit.
PERSON
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.[1]
[1]
Editor's Note: Former § 149-4, License required; licensing officer, which immediately followed this section, was repealed 11-14-2022 by L.L. No. 10-2022. This local law also renumbered former § 149-5 as § 149-4.
[Amended 11-14-2022 by L.L. No. 10-2022[1]
A garage sale may occur on no more than three consecutive days. No sale shall be conducted prior to 7:00 a.m. or after 3:00 p.m.
[1]
Editor's Note: This local law also repealed former §§ 149-6, Application for license, 149-7, Issuance or refusal of license, 149-8, License not assignable, 149-9, Contents of license, and 149-10, Display of license, and renumbered former §§ 149-11 through 149-15 as §§ 149-5 through 149-9. 
[Amended 11-14-2022 by L.L. No. 10-2022]
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 property owner. 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 property owner 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. 
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.
B. 
Any person advertising, in a publication of general circulation, the sale of tangible personal property not displayed to the public.
C. 
Any sale of personal property authorized or licensed pursuant to any state statute or any other local law, ordinance, rule or regulation.
D. 
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 Chapter 310, Zoning.
A. 
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.
B. 
The property owner shall be responsible for removing the sale items from public view on the property or adjoining properties within 24 hours of the end of the sale.
[Amended 5-11-2010 by L.L. No. 7-2010; 11-14-2022 by L.L. No. 10-2022]
C. 
The property owner shall not permit any loud or boisterous conduct on the premises.
[Amended 11-14-2022 by L.L. No. 10-2022]
D. 
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. 
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.
B. 
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.