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:
ADVERTISING
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.
AUCTION SALES
Any sale by public outcry to the highest bidder, except when
conducted by order of a court of competent jurisdiction.
HOLIDAYS
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.
SALES ON VILLAGE PROPERTY
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.
SIDEWALK SALES
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.
SIGNS
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.
YARD SALE
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.
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.