[HISTORY: Adopted by the Board of Trustees of the Village
of Depew 1-3-1995 by L.L. No. 1-1995. Amendments noted where applicable.]
A.
GARAGE SALE
PERSONAL PROPERTY
RESIDENTIAL PREMISES
As used in this chapter, the following terms shall have
the meanings indicated:
Includes all general sales, open to the public, conducted from or on a residential premise or in any residential zone as defined by Chapter 260, Zoning, for the purpose of disposing of personal property or other property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage" sale.
Property which is owned, utilized and maintained by an individual
or members of his residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which
was purchased for resale or obtained on consignment.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the New York State Fire Prevention and Building
Code, or any vacated lot which abuts a residential premises.
B.
The singular shall include the plural and the masculine shall include
the feminine and the neuter.
The provisions of this chapter shall not apply to or affect
the following:
A.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business having a certificate of occupancy indicating a mercantile occupancy classification as defined by the New York State Fire Prevention and Building Code wherein such sale would be permitted by Chapter 260, Zoning, of the Code of the Village of Depew or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned mercantile premises and not otherwise prohibited in other ordinances.
D.
Any bona fide charitable, educational or governmental institution
or organization, when the proceeds from the sale are used directly
for the institution's or organization's charitable purposes
and the goods or articles are not sold on a consignment basis.
A garage sale can be conducted between the hours of 8:00 a.m.
to dusk Monday through Sunday.
A garage sale cannot be conducted on any legal holiday.
The registered owner of a property may have three garage sales
per year. Each sale may consist of not more than three consecutive
days.
A.
No garage sales signs can be posted on trees, poles or shrubs.
B.
A garage sale sign cannot measure more than four feet wide and four
feet high and must be properly mounted to stand free.
C.
No sign or other form of advertisement shall be exhibited for more
than two days prior to the day such sale is to commence.
D.
Signs must be removed each day at the close of the garage sale activities
or by the end of daylight, whichever first occurs.
All articles, tables, displays, racks, etc., must be set back
at least 10 feet from the curb or highway.
All garage sales cannot impede nor cause to disrupt motoring
traffic or neighborhood parking.
No hawking or sound device, recording system or public address
system can be used at a garage sale.
All garage sale items, tables and displays must be removed from
the premises at the end of each sale day.
Any person found guilty of violating the terms of this chapter
shall be fined not less than $25 nor more than $250 for each offense.
Previous provision relating to garage sales, namely, Sec. 15-15
of the 1971 Code,[1] is hereby repealed in its entirety and any ordinance that
conflicts with the terms and provisions hereof is hereby repealed.
[1]
Editor's Note: Section number reference is to the 1971
Code. Original Ch. 15 of the 1971 Code was entitled "Junk Dealers
and Junk Yards."
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof involved in the controversy
in which such judgment shall have been rendered.
