[HISTORY: Adopted by the Board of Trustees of the Village
of Cedarhurst 10-7-2013 by L.L. No. 14-2013 Amendments noted where
applicable.]
For the purposes of this chapter, the following phrases, words
and their derivations shall be defined as follows:
Includes all sales open to the public, conducted from or on a residential premises in any residential or multiple dwelling zoned district, as set forth in Chapter 265 entitled "Zoning," for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "tag," "yard," "barn," "attic," "porch," "room," "backyard," "patio," "flea market" "estate" or "rummage" sale, or any similar casual sale of personal property.
Includes any individual, association, company, firm, corporation,
limited-liability company, partnership, joint venture, trust, estate,
society or any other organization.
Includes all personal property, goods or merchandise which
is owned by the owner or occupant of a residence and utilized and
maintained in and about said residence, appurtenant structures and
the exterior thereof, such as, but not limited to, clothing, furniture,
furnishings, rugs, lamps, dishes, paintings, antiques, tapestries,
silverware, silver service, cookware, decorative items, toys, games,
books, magazines, collectibles and any other property capable of being
the object of a sale regulated hereunder.
Any parcel or parcels on which a one-family dwelling, a two-family
dwelling or a multiple dwelling is constructed, or any parcel or parcels
zoned for a one-family dwelling, a two-family dwelling or a multiple
dwelling. The term "residential premises" includes all structures
occupied as a one-family dwelling, a two-family dwelling or a multiple
dwelling, and all vacant land used in connection with the foregoing
parcels.
Except as permitted in this chapter, no sale of property may
be conducted on or from a residential premises. A garage sale, as
defined in this chapter, may be conducted on or from a residential
premises in the Village, but only in compliance with the following
requirements:
A.
A garage sale shall not be conducted on any residential premises
more that two times each year.
B.
A garage sale may be conducted only between the hours of 9:00 a.m.
and 6:00 p.m.
C.
A garage sale may not be held for more than three consecutive days.
D.
A garage sale may be conducted only by the owner of the residential
premises where the garage sale is being conducted, or by a tenant
leasing such residential premises where the sale is conducted, only
if the owner of the residential premises has consented, in writing,
to such garage sale.
A.
If, because of inclement weather conditions, a garage sale is not
held on the date on which or it is to commence or is terminated during
the first day of the garage sale, the three-day period shall be deemed
to commence when it is resumed.
B.
If two garage sales have occurred at a residential premises within
a twelve-month period, an additional garage sale may be permitted
in such twelve-month period by a new owner of such residential premises,
provided that satisfactory proof of a bona fide change in ownership
of the residential premises is first presented to the Village Clerk
and all the other conditions of this chapter are complied with.
C.
If two garage sales have occurred at a residential premises within
a twelve-month period, an additional garage sale may be permitted
in such twelve-month period by the owner selling such residential
premises, or a tenant vacating such residential premises, provided
that satisfactory proof is first presented to the Village Clerk evidencing
an intent to close title or move within 30 days subsequent to such
garage sale and all the other conditions of this chapter are complied
with.
A.
Garage sales may be advertised through newspapers or other news media.
B.
One sign not greater in size than two by two feet may be installed
on the residential premises where the garage sale is being conducted
for no more than 24 hours prior to the commencement of the garage
sale, and such sign shall be removed within 24 hours after the completion
of the garage sale.
C.
No sign shall be placed on the public right-of-way or on any property
other than where the garage sale is being conducted.
D.
No lighted signs shall be used.
The provisions of this chapter shall not apply to or affect
the following:
A.
Persons selling property pursuant to an order of process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Persons 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.
D.
Publishers of newspapers, magazines or other publications or other
communication media who publish or broadcast information pertaining
to such sales 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.
E.
Sales conducted by merchants or mercantile or other business establishments
from or at a place of business wherein such sale would be permitted
by the zoning regulations of the Village of Cedarhurst, or under the
protection of the nonconforming use section thereof, or other sales
conducted by a manufacturer, dealer or vendor and which sale would
be conducted from properly zoned premises and not otherwise prohibited.
The person or persons conducting a garage sale and the fee owner
of the residential premises on which the garage sale is conducted
shall be jointly and severally responsible for the maintenance of
good order and decorum on the residential premises during all hours
of the garage sale. No such person or persons shall permit any loud
or boisterous conduct on said residential premises. All such persons
shall obey the orders of the Village, and any other duly authorized
official or agency, in order to maintain the public health, safety
and welfare.
