Village of Sloan, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[HISTORY: Adopted by the Board of Trustees of the Village of Sloan 4-18-1989 by L.L. No. 1-1989 (Ch. 94 of the 1989 Code). Amendments noted where applicable.]
GENERAL REFERENCES

Peddling and soliciting — See Ch. 328.

Zoning — See Ch. 455.

§ 258-1
Purpose. 

§ 258-2
Definitions. 

§ 258-3
License required; fee; conditions for sales. 

§ 258-4
Contents of license application. 

§ 258-5
Hours. 

§ 258-6
Advertising and signs. 

§ 258-7
Exemptions. 

§ 258-8
Penalties for offenses. 

§ 258-9
Construal of provisions. 

Such rules and regulations as set up in this chapter are designed to control and restrict garage sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on and with the zoning laws of the Village of Sloan, New York.

Editor's Note: See Ch. 455, Zoning.
The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried on indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Village of Sloan. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales.

As used in this chapter, the following terms shall have the meanings indicated:

A. 

The sale or offering for sale of 10 or more new, used or secondhand items of personal property at any one residential premises at any one time.

B. 

Includes all sales in residential areas entitled "garage sales," "yard sales," "lawn sales," "tag sales," "attic sales," "basement sales," "rummage sales," "flea market sales" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.

GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, family groups, voluntary associations and corporations.
VILLAGE OF SLOAN
Includes all residential dwellings located within any type of zone, zoned areas or zoning districts, whether or not said areas or zones are residential, business or otherwise, within the geographic boundaries of the Village of Sloan.
A. 

It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Village of Sloan without first obtaining a garage sale license from the Sloan Village Clerk after filing an application containing the information hereinafter specified.

B. 

The Board of Trustees shall have the discretionary power to approve or deny such licenses as it sees fit.

C. 

The fee for such license shall be as set from time to time by resolution of the Board of Trustees.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. 

Such license shall be issued to one person or for one specific premises or location only once within a two-week period. No more than two licenses for garage sales shall be issued for the same premises or the same person in any twelve-month period.

E. 

No license shall be issued for a garage sale for longer than two consecutive days.

F. 

Each license issued under this chapter must be prominently displayed on the garage sale premises throughout the entire period of the licensed sale.

G. 

In case of inclement weather whereby a scheduled garage sale cannot be held, another license shall be issued by the Village Clerk to the one person or the one specific premises at no additional cost and under the same rules and regulations as the original license. It shall be the responsibility of the person obtaining the original license to request from the Village Clerk an additional license due to inclement weather.

H. 

Any application for a license pursuant to this chapter must be made to the Village Clerk not later than 72 hours prior to the date of sale.

An application for a garage sale license pursuant to this chapter shall include the following information:

A. 

The name of the person, persons, firm, group, corporation, association or organization conducting the sale.

B. 

The name of the owner and the occupant or tenant of the property on which the sale is to be conducted.

C. 

The consent of the owner and/or occupant to hold the sale if the applicant is other than the owner or occupant.

D. 

The location, street address, etc., of the premises where the sale is be conducted.

E. 

The number of days of the sale, limited to two consecutive days, and the date or dates of such sale.

F. 

The date and nature of any past sales held by the same applicant or on the same premises in the last twelve-month period.

G. 

The relationship or connection the applicant may have with any person, etc., conducting such sale.

H. 

Whether or not the applicant has been issued any vendor's license to hold such sale by any local, state or federal agency.

I. 

Whether adequate off-street parking would be available if the premises of the sale is located on a county or state highway or congested Village street.

J. 

An affirmation or sworn statement by the applicant or person securing the application that the information given is full and complete and known by the applicant to be so.

All garage sales held pursuant to these provisions shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only on the day or days for which the license was issued.

A. 

Garage sales may be advertised through the newspapers and other media.

B. 

A sign no larger than two feet by two feet may be installed on the property where the sale is being conducted. In addition, four signs of the same size as two feet by two feet may be installed on private property in the neighborhood with the consent of the owner of the property. The signs may be displayed not earlier than 48 hours prior to the sale and shall be removed within 24 hours after the sale is concluded.

C. 

No signs or other displays advertising the sale shall be placed upon the public right-of-way or on any other private property, except as hereinbefore provided. No lighted or illuminated signs shall be used.

D. 

No signs advertising sales not licensed under this chapter shall be permitted.

This chapter shall not be applicable to:

A. 

Persons selling goods pursuant to an order of process of a court of competent jurisdiction.

B. 

Persons acting in accordance with their powers and duties as public officials.

C. 

Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed nine in number. Notwithstanding any provisions of this chapter, any person may sell up to nine secondhand articles without being subject to the provisions of this chapter.

D. 

Any publisher of a newspaper, magazine or other publication or other communications media who publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.

E. 

Any sale conducted by any legitimate business or commercial or industrial establishment, properly zoned under the zoning regulations of the Village of Sloan, and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of the zoning laws

Editor's Note: See Ch. 455, Zoning.
or by any other vendor, dealer, etc., when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws and ordinances of the Village of Sloan and the State of New York or this chapter.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Any person, firm, association, corporation or other entity conducting any such sale or similar activity without being properly licensed therefor or who shall violate or fail to comply with any provisions adopted pursuant to this chapter or any other rules, terms, regulations or provisions adopted pursuant to this chapter shall be deemed to be in violation, and the violator(s) shall be liable for a fine of not more than $250 or by imprisonment for not more than 15 days, or both; and each day that such sale or violation continues without being duly licensed shall be considered and shall constitute a separate violation.

It is not the intention of this chapter to change or amend the zoning laws, hawking and peddling laws and/or any other laws or ordinances of the Village of Sloan.

Editor's Note: See Ch. 455, Zoning, and Ch. 328, Peddling and Soliciting, respectively.