[HISTORY: Adopted by the Board of Trustees of the Village
of New Hempstead 7-5-1984 by L.L.
No. 18-1984. Amendments noted where applicable.]
The rules and regulations set forth in this chapter are designed to control and restrict garage sales 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 and with Chapter 290, Zoning, of the Code of the Village of New Hempstead. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried on indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
The sale or offering for sale of new, used or secondhand
items of personal property at one or more residential premises at
any one time. "Garage sale" includes all sales in residential areas
entitled "garage sale," "yard sale," "lawn sale," "tag sale," "attic
sale," "basement sale," "rummage sale," "flea market sale" or any
similar casual sale of tangible personal property.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
Includes all residential dwellings located within any type
of zone, zoned area or zoning district, whether or not said area or
zone is residential, business or otherwise, within the geographic
boundaries of the Village of New Hempstead.
[Amended 5-22-2017 by L.L. No. 2-2017; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
It shall be unlawful for any person to conduct a garage sale within
the geographic boundaries of the Village of New Hempstead without
first obtaining a garage sale permit from the Village Clerk-Treasurer
after filing an application containing the information hereinafter
specified.
B.
The fee for such permit shall be set by resolution of the Board of
Trustees from time to time.
C.
Such permit shall be issued to one person for one specific premises
or location only once within a two-week period. Not more than two
permits for garage sales shall be issued for the same premises or
to the same person in any twelve-month period. A separate permit must
be obtained for each location or premises to be used for such sale.
D.
No permit shall be issued for a garage sale for longer than three
consecutive days.
E.
Each permit issued pursuant to this chapter must be prominently displayed
on the garage sale premises throughout the entire period of the permitted
sale.
F.
In case of inclement weather whereby a scheduled garage sale cannot
be held, another permit shall be issued by the Village Clerk-Treasurer
to the permittee for the specified premises at no additional cost
and under the same rules and regulations as the original permit. It
shall be the responsibility of the person obtaining the original permit
to request such additional permit due to inclement weather.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An application for a garage sale permit pursuant to this chapter
shall include the following information:
A.
The name of the person, persons, firm, group, corporation, association
or organization conducting the sale.
B.
The name of the owner and the occupant or tenant of the property
on which the sale is to be conducted.
C.
The consent of the owner and/or occupant to hold the sale if the
applicant is other than the owner or occupant.
D.
The location, street address and telephone number of the premises
where the sale is to be conducted.
E.
The number of days of the sale, limited to three consecutive days,
and the date or dates of such sale.
F.
The date and nature of any past sales held by the same applicant
or on the same premises in the last twelve-month period.
G.
The relationship or connection the applicant may have with the person
conducting the sale.
H.
Whether or not the applicant has been issued any vendor's license
to hold such sale by any local, state or federal agency.
I.
Whether adequate off-street parking would be available if the premises
of the sale is located on a county or state highway or congested street.
J.
Such other information as the Board of Trustees may from time to
time require.
K.
An affirmation or sworn statement by the applicant or persons securing
the permit that the information given is full and complete and known
by the applicant to be so.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All garage sales held pursuant to these provisions shall be
conducted between the hours of 9:00 a.m. and 8:00 p.m. only on the
day or days for which the permit was issued.
A.
Garage sales may be advertised through the newspapers or other media.
B.
A sign no larger in size than two feet by two feet may be installed
on the property where the sale is being conducted. The sign shall
be displayed not more than two days prior to the sale and shall be
removed within two days after the sale is concluded.
C.
Temporary signs for garage sales may be posted or displayed on public
property, provided that such garage sales are to be held in the Village
of New Hempstead, and further provided that such signs contain only
the address of the seller and the date of the sale, are displayed
not more than two days prior to the sale and are removed within two
days after the sale is concluded.
D.
No signs advertising sales not permitted under this chapter shall
be permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
This chapter shall not be applicable to:
A.
Persons selling goods 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.
Any sale conducted by any legitimate business or commercial or industrial establishment, properly zoned under Chapter 290, Zoning, of the Code of the Village of New Hempstead, and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of Chapter 290, Zoning, or by any other vendor, dealer or person when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws, rules and regulations of the Village of New Hempstead, the State of New York or this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person, firm, association, corporation or other entity conducting
any sale or similar activity without being properly permitted therefor
or who or which shall violate or fail to comply with any provisions
of this chapter or any other rules, terms, regulations or provisions
adopted pursuant to this chapter shall be deemed to be in violation,
and the violator shall be liable for a fine of not less than $25 nor
more than $500 or a sentence of imprisonment not to exceed 15 days,
or both. Each day such sale or violation continues without being duly
permitted shall be considered and shall constitute a separate violation.
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, Deputy Mayor and/or Code Inspector of the Village
of New Hempstead shall have authority to issue appearance tickets
for violations of any of the provisions of this chapter.
