City of Fulton, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Fulton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and auctioneers — See Ch. 223.
Secondhand dealers — See Ch. 510.
[Adopted 10-21-1980 (Ch. 89 of the 1991 Code)]
Nothing shall prevent any resident of this City from conducting a garage sale upon the premises owned by the seller, provided that such sale shall not be conducted continuously for a period of more than three days and does not conflict with any laws or statutes, whether local, state, federal or otherwise. Any items on display for such garage sale which are not sold after two days must be removed from the site of the sale and placed indoors for storage. Such sale shall include any sale of personal property not covered or defined under Chapter 640, Zoning, of the Code of the City and shall include lawn, garage, porch sales, etc., regardless of the description of such sale. Such sales shall be limited to three per calendar year.
[Added 10-30-1991 by L.L. No. 4-1991]
Any violation of this article shall be punishable by a fine of not more than $250 and/or imprisonment of not more than 15 days.
[Adopted 9-7-1982 (Ch. 134 of the 1991 Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons, corporations, school districts, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
SECONDHAND PROPERTY SALES
The sale, lease, conditional sale, giving or any other form of delivery of any used personal property.
USED PERSONAL PROPERTY
Any personal property which is not displayed in its original state, original packaging or original condition.
Every person engaged in the business of buying and selling used or secondhand personal property within the City of Fulton shall keep an accurate and true record made at the time of the purchase and at the time of sale of personal property, showing and describing the property so purchased or sold, so that it may be identified by name and address of the person from whom such property is purchased or to whom such property is sold. Such records shall be preserved at least six years after such transaction, and such dealer shall produce and exhibit the same to any police officer of the City upon the request of such officer.
All persons purporting to be conducting secondhand property sales shall maintain and conduct such only in a C-1 or C-2 Commercial District or in an M-1 Manufacturing District, as such districts are defined by §§ 640-15, 640-16 and 640-19 of Chapter 640, Zoning; however, any persons purporting to be conducting secondhand property sales which are situate in a C-1 or C-2 Commercial District or an M-1 Manufacturing District on the effective date of this article shall have 60 calendar days from the effective date of this article to comply with the provision of the same.
A. 
Notwithstanding any contrary provisions in Chapter 640, Zoning, or any other laws, ordinances, rules or regulations of the state, county or City, a person purporting to be conducting secondhand property sales shall be allowed to have one sign for the purpose of advertising or calling attention to said sales, and said sign shall be no larger than 25 square feet in total area.
B. 
The sign permitted and authorized by this section shall be situate no closer than 10 feet to any street pavement, or said sign shall be permanently affixed to an enclosed structure.
A. 
All persons purporting to be conducting secondhand property sales shall conduct and transact the same in a permanently enclosed structure, and all goods intended for sale or stored on the property shall be continuously kept inside said structure; or
B. 
All persons purporting to be conducting secondhand property sales shall conduct and transact the same at least 40 feet from any street pavement, and all goods intended for sale or stored on the property shall be enclosed within a permanent fence which shall be no less than five feet in height.
A. 
Nothing herein shall prevent any resident of this City from conducting a garage sale upon the premises owned by the seller, provided that such sale shall not be conducted continuously for a period of more than three days and does not conflict with any laws or statutes, whether local, state, federal or otherwise. Any items on display for such garage sale which are not sold after the expiration of the three-day period shall be removed from the site of the sale and placed indoors. Such sale shall include any sale of personal property not covered or defined under Chapter 640, Zoning, and shall include lawn, garage, porch sales, etc., regardless of the description of such sale. Such sales shall be limited to three per calendar year.
B. 
This article shall not apply to any used car sales agencies which are licensed to conduct the business of a used car sales agency by the State of New York.
C. 
This article shall not apply to junkyards.
[Added 10-30-1991 by L.L. No. 4-1991]
The Zoning Inspector of the City of Fulton is hereby designated as the enforcement officer of this article.
A. 
Upon any written and sworn complaint made to or by the enforcement officer, the enforcement officer may serve a written notice of violation on the owner and/or occupant of the property alleged to be in violation of this article, said service to be performed either by personal service or by registered mail.
B. 
The notice of violation shall state the violation(s) of this article and give due notice of the penalties pursuant to this article for failure to remedy such violations.
C. 
The notice of violation shall also state that the owner and/or occupant of the property shall have 30 calendar days from the date of service to remedy such violations.
A. 
Any person violating any of the provisions of this article shall be deemed guilty of a violation and, upon conviction thereof, shall be fined in an amount not exceeding $250 or shall be imprisoned in the Oswego County Jail for a period not exceeding 15 days, or shall be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense hereunder.
[Amended 10-30-1991 by L.L. No. 4-1991]
B. 
In case of violation of this article, the City and its officers may, in addition to any other remedies conferred by law or ordinance, institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
No officer, agent or employee of the City of Fulton shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article.