Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Junk dealers and junkyards — See Ch. 132.
Peddling and soliciting — See Ch. 164.
A. 
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
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.
PERSONAL PROPERTY
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.
RESIDENTIAL PREMISES
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.