This chapter shall be known and may be cited
as the "Garage Sales Ordinance of the Town of Wawarsing, New York."
This chapter is intended to control and restrict
garage and yard sales in order to protect the public heath, safety
and convenience and to restrict such sales to casual and/or occasional
occurrences in order to help maintain the character of residential
neighborhoods. The intent of this chapter is to eliminate repeated,
perpetual, prolonged and extended garage and yard sales in residential
areas in any of the Town's zoning districts, including but not limited
to the Retail and Service Business District, Highway and General Commercial
District, and Light Industrial District. Such sales, if continued
without limit, tend to or may become retail businesses in residential
areas, and create a nuisance and violation of the Town's zoning regulations.
The provisions of this chapter arise from the need to limit and regulate
garage and yard sales. It is not the intent of this chapter to amend
any other chapter of the Town Code. Excluded from this chapter are
indoor garage sales and/or rummage sales held at and being conducted
by a bona fide not-for-profit organization.
As used in this chapter, the following terms
shall have the meanings indicated:
EVENT
Any one garage sale that occurs for a period of one consecutive
Friday, Saturday, and Sunday in any calendar year.
GARAGE SALE
The sale of five or more new or used items of personal property
at any one premises at any one time. The term "garage sale" shall
include all sales in all zoning districts entitled "garage sale,"
"yard sale," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "estate sale" or any similar casual
sale of tangible property which is advertised by any means whereby
the public is or can be made aware of the sale.
The Town's Code Enforcement Office, the New
York State Police, and the Ulster County Sheriffs Department, or their
duly authorized designees, shall have authority to enforce the provisions
of this chapter.
Any person or persons who shall violate any
of the provisions of this chapter shall be guilty of an offense and
shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. Each day that a violation continues
shall be deemed a separate offense.
This chapter shall take effect upon filing with
the Secretary of State of the State of New York.