[HISTORY: Adopted by the Town Board of the Town of Hamburg 4-25-2011 by L.L. No.
7-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 191.
This chapter will be entitled "Garage and Yard Sales."
The legislative intent and purpose of this chapter are to adopt
a new chapter in the Town of Hamburg Code to establish conditions
pursuant to which residents may conduct occasional garage and/or yard
sales at their premises within the Town. It has come to the attention
of the Town Board that a number of residents are having frequent and/or
repeated garage and yard sales at their homes, in effect turning their
residential premises into a site where retail business is conducted
in a residential area. The Town Board has determined that in order
to promote the public health, safety, general welfare, and convenience
of the residents of the Town of Hamburg, it has become necessary to
restrict such garage and yard sales in residential zoning districts.
Such sales, if continued without limitation, tend to have the effect
of establishing retail businesses in residential areas, creating a
public nuisance and altering and compromising the residential character
of the neighborhoods and otherwise violating the spirit and intent
of the Town Zoning Code.
As used in this chapter, the following terms will have the meanings
indicated:
The general sale of personal property conducted from or on
residential premises at any one time for the sale of tangible personal
property. These sales shall include but not be limited to, all sales
entitled ""garage," "lawn," "estate," "yard," "barn," "porch," "rummage,"
"flea market," "moving" or any such similar casual sale.
Any such item, goods, clothing, furniture, appliance or other
tangible property which is owned, utilized and maintained by the owner
or tenant on a residential property and was acquired in the normal
course of living in or maintaining a residence. It explicitly does
not include any goods or merchandise which were obtained or purchased
for resale or consignment.
Any real property, parcel, lot or building thereon which
is used for residential occupancy, regardless of the zoning designation.
A.
No more than two garage/yard sales may be held during a calendar
year for each residential premises. Such sale shall not last longer
than three consecutive days.
B.
No person or persons shall conduct more than one garage/yard sale
during a ninety-calendar-day period.
C.
Garage/yard sales may only be conducted during daylight hours.
D.
It shall be unlawful for any individual to sell or offer for sale,
under the authority granted by this chapter, property other than personal
property as defined herein. Notwithstanding the foregoing, members
of more than one residence may join together in a single sale held
at one of their residences.
E.
No personal property or goods to be sold at the yard or garage shall
be placed or stored outside except during the permitted duration of
the garage sale.
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process or pursuant
to a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any sale conducted by any lawful and legitimate business or commercial
or industrial establishment or any sale conducted by any other vendor
or dealer in a time, place and manner not otherwise prohibited by
state or local laws.
D.
Any public auction having duration of no more than two days and conducted
by an auctioneer licensed by the State of New York.
A.
Signs advertising a garage sale are to be restricted to the premises where the sale occurs with the exception of signs authorized by § 190-6D. Such signs shall not exceed 10 square feet in area.
B.
No sign shall be placed on public right-of-way or on any property
other than where the sale takes place. No lighted signs shall be used.
C.
All signs shall be promptly removed immediately upon the conclusion
of the sale.
D.
Directional signs. Two signs of not more than six square feet each
are permitted on other privately owned premises, provided that written
permission is received from the property owners upon whose property
such signs are to be posted.
Garage/yard sales shall be conducted so as not to impede nor
disrupt traffic or parking within the neighborhood.
The owner, tenant, occupant, lessee or person otherwise in charge,
control and/or possession of residential premises where the garage
sale is held shall be held responsible for compliance with the regulations
set forth in this chapter.
A.
This chapter shall be enforced by the Town Code Enforcement Department,
Town Police Department and any other persons who are authorized by
resolution of the Town Board.
B.
Any person who or which violates any provision of this chapter shall
be subject to the payment of a fine. Such persons shall include, but
not be limited to, the owner, occupant, or tenant of the premises
on which the sale occurs and all persons participating in and all
premises used for the garage sale.
C.
Any alleged violation of any of the provisions of this Code may be
pursued by appropriate remedy, whether by injunctive, declaratory
or other civil relief or criminal sanction, in court at the option
of the Town.
Any person found guilty of committing an offense against any
of the provisions of this chapter shall be subject to the payment
of a fine. The amount of said fine shall be as set forth in the Code
by the Town of Hamburg Board. Each day that a violation continues
shall constitute a separate and distinct violation.
This chapter will become effective immediately upon its enactment
by the Town Board, after proper filing with the offices of the State
Comptroller and the Secretary of State.
