[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 7-5-1978 by L.L. No. 6-1978 (Ch. 54 of the 1968 Compilation). Amendments noted where applicable.]
Peddling and soliciting — See Ch. 197.
It shall be unlawful for any person or persons to conduct a yard sale in the Incorporated Village of Sag Harbor without first obtaining a license and complying with the regulations set forth herein.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes individuals, partnerships, voluntary associations and corporations.
- YARD SALE
- Includes all sales entitled "yard sale," "garage sale," "lawn sale," "attic sale," "rummage sale" or "flea market sale" 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 said sale.
Yard sales in the Village of Sag Harbor shall be regulated in the following manner:
Merchandise. Yard sales shall offer only used, unwanted items of personal property owned by the resident of the property where the sale is held. No new merchandise shall be offered for sale nor may new or used merchandise from other sources be brought in and offered for sale.
Hours. Yard sales shall not commence before 10:00 a.m. and must terminate by 6:00 p.m.
No person shall conduct more than one yard sale on his premises in any one calendar year. Such sale may not extend for a period of more than three days.
Yard sales may be advertised through the newspaper or other news media. A sign, not greater in size than three feet by three feet may be installed on the property where the sale is being conducted.
No sign shall be placed on the public right-of-way or on property other than where the sale is being conducted. No lighted sign shall be used.
The sign shall be displayed only during the sale and shall be promptly removed after the sale.
License. Upon application, either in person or by mail, the Village Clerk is authorized to issue a license upon payment of a fee of $5.
[Amended 9-5-1978 by L.L. No. 9-1978]
The information to be filed with the Village Clerk, pursuant to this chapter, shall be as follows:
Name of the person, firm, group, corporation, association or organization conducting said sale.
Name of the owner of the property on which said sale is to be conducted and the consent of the owner if the applicant is other than the owner.
Location at which the sale is to be conducted.
Number of days of the sale.
Date and nature of any past sale.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said past sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known by him to be so.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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 five in number.
Any publisher of a newspaper, magazine or other publication or other communication 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.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Village of Sag Harbor 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 premises and not otherwise prohibited.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
This chapter shall be enforced by the Police Department of the Village of Sag Harbor.
The person to whom such license is issued 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 person shall permit loud or boisterous conduct on said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department or Fire Department of the Village of Sag Harbor in order to maintain the public health, safety and welfare.
[Amended 8-8-2017 by L.L. No. 11-2017]
All persons, firms or corporations in violation of § 290-1 of this Chapter 290 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $50 shall be added to all other fines and penalties previously assessed.
Any person, firm or corporation violating any other provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.