[Ord. No. 86, 6-4-2008]
The Common Council of the City finds and declares that:
(1)Â
Unregulated garage/yard sales are disturbing and disrupting
the quality of life and blighting the environment enjoyed by citizens
in the City. They degrade neighborhood appearance, create traffic
congestion in streets, and damage property values.
(2)Â
The provisions herein are intended to regulate garage/yard sales
in the City:
a.Â
So they do not become more than temporary casual events in any
zoned residential area or residential premises;
b.Â
To prevent them from disturbing or disrupting the quality of
life, neighborhood appearance, and environment enjoyed by citizens;
c.Â
To preserve the safety and welfare of citizens; and
d.Â
To protect property values.
(3)Â
The provisions and prohibitions herein are enacted to regulate,
not prevent, casual garage/yard sales by residents wishing to dispose
of their unwanted personal household items.
[Ord. No. 86, 6-4-2008]
(a)Â
The word "shall" is always mandatory and not merely directory.
(b)Â
CODES COMMISSIONER
GARAGE/YARD SALE
PERSONAL PROPERTY
RESIDENTIAL PREMISES
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein:
The head of the Codes Department or anyone designated by
him to act in his place.
Includes all general sales, open to the public, conducted
from or on a residential premise or in any residential zone, 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 or her 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 State Fire Prevention and Building Code, or
any vacant lot which abuts a residential premise.
[Ord. No. 86, 6-4-2008]
Garage/yard sales shall be limited to the hours between 8:00
a.m. and 8:00 p.m.
[Ord. No. 86, 6-4-2008]
Personal property offered for sale may be displayed within the
residence, in a garage, in a carport or in a yard, but only in such
areas. No personal property offered for sale at a garage sale shall
be displayed in any public right-of-way. At the end of the last day
of a garage sale, all items for sale must be cleared from front of
property and stored out of sight from the road.
[Ord. No. 86, 6-4-2008]
It shall be unlawful for any individual to sell or offer for
sale, under authority granted herein, items other than personal property.
Sale items may not be acquired or consigned for the purpose of resale:
[Ord. No. 86, 6-4-2008; amended 4-6-2011 by Ord. No. 47]
(a)Â
No
garage/yard sale shall be conducted unless and until the individuals
desiring to conduct such sale shall register with the City Clerk.
Members of more than one residence may join in a garage sale to be
conducted at the residence of one of them.
(b)Â
Each
section of the City of Utica (East, West, North, Central and South)
shall be allowed one (three days) neighborhood garage sale per year
without filling out a registration form. The organizers shall notify
the City Clerk so that she may notify the Codes Department and the
Police Department.
[Ord. No. 86, 6-4-2008]
The individuals conducting such sale shall provide to the City
Clerk in advance of the proposed sale by way of email, telephone,
or in person at the City Clerk's office, the following information:
(1)Â
The full name and address of applicant.
(2)Â
The date or dates upon which the proposed garage/yard sale is
to be held.
(3)Â
The location at which the proposed garage/yard sale is to be
held.
(4)Â
The date or dates of any other garage/yard sales held at the
proposed location within the current calendar year.
(5)Â
An affirmative statement that the items to be sold are owned
by the applicant as personal property and are neither acquired nor
consigned for the purposes of resale.
[Ord. No. 86, 6-4-2008; Ord. No. 174, 11-19-2008]
The registration shall set forth the time and location of such
garage sale. Each registration allows for proposed garage/yard sale
to be held no more three consecutive days, no more than three times
per year.
[Ord. No. 86, 6-4-2008]
The City Clerk may request the Codes Department conduct an investigation
as may reasonably be necessary to determine if there is compliance
with this article.
[Ord. No. 86, 6-4-2008]
(a)Â
Signs permitted. Only the following specified signs may be displayed
in relation to a pending garage/yard sale:
(1)Â
Two signs permitted. Two signs of not more than four square
feet each are permitted to be displayed on the property of the residence
where the garage sale is being conducted.
(2)Â
Directional signs. Four signs of not more than two square feet
each are permitted, provided that the premises upon which the garage
sale is conducted is not on a major thoroughfare and written permission
to erect said signs is received from the property, owners upon whose
property such signs are to be posted.
(b)Â
Time limitations. No sign or other form of advertisement shall
be exhibited for more than two days prior to the day such sale is
to commence.
(c)Â
Removal of signs. Signs must be removed at the close of the
garage sale activities.
[Ord. No. 86, 6-4-2008]
The individual conducting sale and the owner or tenant of the
premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum
on the premises during all hours of such sale or activity. No such
individual shall permit any loud or boisterous conduct on said premises
nor permit vehicles to impede the passage of traffic on any roads
or streets in the area of such premises. All such individuals shall
obey the reasonable orders of any member of the Police or Fire Departments
of the City in order to maintain the public health, safety and welfare.
At the end of the last day of a garage sale, all items for sale must
be cleared from front of property and stored out of sight from the
road.
[Ord. No. 86, 6-4-2008]
A police officer, code compliance officer, fire prevention inspector
or any other official designated by any City ordinance to make inspections
under the licensing or regulating ordinance or to enforce the same
shall have the right of entry to any premises showing evidence of
a garage/yard sale for the purpose of enforcement or inspection and
may close the premises from such a sale or issue an appearance ticket
or, in the case of a police officer, arrest any individual who violates
the provisions of this article.
[Ord. No. 86, 6-4-2008]
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. Further, the Police Department
may enforce such temporary controls to alleviate any special hazards
and/or congestion created by any garage sale.
[Ord. No. 86, 6-4-2008]
The provisions of this article shall not apply to or affect
the following:
(1)Â
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
(2)Â
Persons acting in accordance with their powers and duties as
public officials.
(3)Â
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 State Fire Prevention and Building Code wherein such sale would
be permitted by the Zoning Ordinance of the City 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.
(4)Â
Any bona fide charitable, educational, cultural 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.
[Ord. No. 86, 6-4-2008]
Every article sold and every day a sale is conducted in violation
of this article shall constitute a separate offense.
[Ord. No. 86, 6-4-2008]
Any person found guilty of violating the terms of this article
shall be fined not less than $50 nor more than $250 for each offense.
