Village of Clyde, NY
Wayne County
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[HISTORY: Adopted by the Board of Trustees of the Village of Clyde 9-1-1988 by L.L. No. 2-1988. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 125.
Secondhand dealers — See Ch. 137.
As used in this chapter, unless the context or subject matter otherwise requires:
The mother, father, child, aunt, uncle, or first cousin of the licensee.
The sale on residential premises of personal property, 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.
Any person residing within 1,000 feet of the place of sale.
No person shall conduct a garage sale, porch sale, yard sale or other similar type sale in the Village without first obtaining a license therefor from the Village Clerk.
License fee. A fee, as set by resolution of the Board of Trustees, shall be paid for each application. Application must be made with the Village Clerk. There shall be a limit of two garage sales per year per individual family.
[Amended 5-4-1989 by L.L. No. 4-1989[1]]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
Term. A garage sale license shall be valid for no more than three consecutive days in any calendar year and is renewable only once during the same calendar year.
Any person desiring to procure a license as herein provided shall file with the Village Clerk a written application upon a form furnished by the Village Clerk. Such application shall be under oath and provide the following information:
The name, address and age of the applicant.
The address where the garage sale is to take place.
The dates on which the garage sale is to be conducted.
The last date on which a garage sale was conducted on the premises.
Such other information as may be required by the Village Clerk to determine the veracity or to clarify any of the prior statements required in this section.
Upon such compliance, the Village Clerk shall issue the license to such person.
Grant; refusal; appeal. Upon the filing of the application, as provided in § 93-4, the Village Clerk shall issue to the applicant a license as provided in § 93-4 hereof. Any applicant who has been refused a license by the Village Clerk may apply to the Village Board therefor, and the same may be granted or refused by the Village Board after a hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel and present evidence on his or her behalf.
Use. A license shall not be assignable. Any holder of such license who permits it to be used by another person, and any person who uses such license granted to any other person, shall each be guilty of a violation of this chapter.
Contents. A copy of all licenses shall be filed in the Village Clerk's office and shall state clearly the kind of vehicle, if any, to be used, and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the license, the fee paid and the name and address of the licensee.
Display. Every license shall be displayed prominently at the place of sale during the conduct of such garage sale.
Any license may be suspended by any police officer where there are reasonable grounds to believe that violation of law or of this chapter has taken place or is about to take place in the conduct of the sale until a hearing can be held before the Village Board. A license may be revoked after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel and present evidence on his or her behalf.
Advertising signs will be allowed. The size of the sign must conform with applicable requirements and shall not be posted earlier than one week before the sale commences and must be removed within two days after the sale. Failure to remove all signs within the time allotted will be cause to forfeit any future permits.
[Amended 5-4-1989 by L.L. No. 4-1989]
Ownership of merchandise. Merchandise offered for sale may be only merchandise that the licensee or a member of his or her household owns. However, merchandise owned by a neighbor or close relative may also be offered for sale if owned by such person. Any merchandise offered for sale not owned by the licensee shall be tagged with the owner's name and address.
Consigned merchandise. Other than as provided in Subsection B herein, no merchandise may be sold on consignment.
A violation of any provision of this chapter is hereby declared to be a violation and shall be punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both.