[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 3-13-1973 as Art. XIII of Ch. VI of the Walden Village Code; amended in its
entirety 11-13-1984 by L.L. No. 13-1984 (Ch. 120 of the 1982 Code). Subsequent
amendments noted where applicable.]
The Board of Trustees hereby finds and determines that unregulated
sidewalk sales, yard sales and public auctions cause a proliferation
of signs and unsightly placement of sale articles, merchandise and
goods on or near public thoroughfares; and further finds and determines
that these sales and auctions obstruct traffic or public roads and
sidewalks and block lines of visibility for vehicular traffic and
pedestrians and that such unregulated sales are detrimental to the
public health, safety and welfare. It is the intent of this chapter
to regulate the time, place and manner of sales and advertising for
such sales within the Village of Walden to provide for and promote
the public good.
As used in this chapter, the following terms shall have the
meanings indicated:
Any sign or leaflet, printed material or other means of mass
communication which is erected or distributed, broadcast or otherwise
circulated to advertise or promote a sale or auction regulated by
this chapter.
Any sale by public outcry to the highest bidder, except when
conducted by order of a court of competent jurisdiction.
Those days that are designated as legal holidays by federal
or state government or by order of the Board of Trustees of the Village
of Walden.
The buying, selling or negotiating for the purchase or sale
of articles, merchandise or other goods on lands owned by the Village
of Walden, New York.
The buying, selling or negotiating for the purchase or sale
of merchandise or other goods which takes place on a public sidewalk
or so near to the public sidewalk as to obstruct or hinder or be reasonably
anticipated to obstruct or hinder the public passage over or use of
such sidewalk.
Any kind of billboard, signboard, pennant or other shape
or device or display used as an advertisement, announcement or direction,
including any text, symbol, lights, marks, letter or figures printed
or painted thereon. The term "sign" shall include, without limitation,
handbills and leaflets.
The occasional buying, selling, bartering or negotiating
to buy, sell or barter items of new or used personal property which
occurs on premises where commercial activity is otherwise not permitted
within the Village of Walden.
No person shall conduct or hold a yard sale, sidewalk sale,
auction in the Village of Walden or sale on Village property except
in conformity with this chapter. No person shall conduct or hold a
sidewalk sale, auction sale or sale on Village property in the Village
of Walden without a permit issued by the Board of Trustees of the
Village of Walden.
A.
Days and hours. Sales regulated by this chapter may be conducted
on holidays, Friday, Saturday and Sunday between 7:00 a.m. and 1/2
hour after sunset, prevailing time.
B.
Advertising.
(1)
No signs which advertise sales regulated by this chapter may be erected
or placed more than eight hours prior to such sale. All signs must
be removed not more than eight hours after the sale.
(2)
No signs may be placed on utility poles or traffic signs.
(3)
No signs may be erected or placed so as to obstruct streets or sidewalks
or so as to obstruct visibility at intersections or along streets.
(4)
No advertising which disturbs the peace, creates a nuisance or creates
litter shall be permitted by this chapter.
C.
Display of articles, merchandise or goods. The display of articles,
merchandise or other goods for sales within this chapter shall be
in a neat and orderly fashion. No such display shall obstruct passage
over or access to streets or sidewalks, nor shall such display obstruct
visibility at intersections or along streets.
A.
Applications for permits required by this chapter shall be submitted
to the Village Clerk in writing and shall:
(1)
State the name and address and telephone number of the person or
persons conducting the sale and shall designate a person who may be
contacted concerning such sale.
(2)
State the location where such sale is to be held.
(3)
Describe the nature and type of goods, merchandise or property to
be sold.
(4)
Describe, if applicable, the means by which pedestrian and vehicular
traffic will be maintained and adequate parking provided. If no provision
for traffic control or parking is required, the application shall
so state.
(5)
Describe the means of advertising of such sale and the means by which
signs, litter and debris shall be removed subsequent to such sale.
(6)
Include proof of adequate insurance to protect the Village as may
be determined by the Board of Trustees.
B.
The Board of Trustees may, by resolution, establish rules and regulations
for the issuance of permits and may delegate the authority for the
issuance of permits to the Village Manager.
Any person committing an offense against any of the provisions
of this chapter shall be guilty of a violation under the Penal Law
and, upon conviction thereof, shall be punishable by a fine not to
exceed $250 or by imprisonment for not more than 15 days, or by both
a fine and imprisonment.
