[HISTORY: Adopted by the Board of Trustees of the Village
of Malone 8-12-1996 by L.L. No. 3, 1996. Amendments noted
where applicable.]
This chapter is established to control, regulate and license
the conducting of sales, commonly referred to as "garage sales," "yard
sales," "porch sales," "barn sales," etc., within the limits of the
Village of Malone, 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. The further purpose of this chapter
is to eliminate the perpetual, prolonged and extended garage sales
in residential areas.
It is not the intent of this chapter to change or amend the
Zoning Law of the Village of Malone.[1]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all general sales, open to the public, conducted
from or on a residential premise for the purpose of disposing of personal
property or other property, including but not limited to all sales
entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard,"
"patio," "flea market" or "rummage sale." This definition shall not
include a situation where no more than five specific items are held
out for sale and where all advertisement of such sale specifically
names those items to be sold.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
A resident of the premises where the sale is being held must
be present on the premises during the sale.
A.
Garage sales may be advertised through the newspaper or other media.
B.
A sign, no larger in size than four square feet, may be installed
on the property where the sale is being conducted. The sign shall
be displayed only during the sale and shall be removed within 24 hours
after the sale is concluded.
C.
No sign or other display advertising the sale shall be placed on
the public right-of-way or on private property other than where the
sale is conducted. No lighted or illuminated signs shall be used.
Any other sign posted elsewhere, other than on the premises where
the sale is to be held, shall be presumptive evidence of an illegal
sign placed by the holder of the sale and shall constitute a violation
of this chapter.
This chapter shall be enforced by the Building Inspector or
Code Enforcement Official of the Village of Malone.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not less
than $50 nor more than $200 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
