[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.]
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.[1] 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:
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.
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.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
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.
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[1] 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.
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.
