[HISTORY: Adopted by the Board of Trustees of the Village
of South Nyack 6-14-1983 by L.L.
No. 5-1983. Amendments noted where applicable.]
This chapter shall be known as the "Law Regulating and Restricting
Garage Sales."
Such rules and regulations as set up 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
330, Zoning, of the Code of the Village of South Nyack, New York.
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 of South Nyack. The provisions of this chapter arise
from the need to limit, regulate, restrict and control garage sales.
As used in this chapter, the following terms shall have the
meanings indicated:
The sale or offering for sale of 10 or more new, used or secondhand
items of personal property at any one residential premises at any
one time.
Includes all sales in residential areas entitled "garage sales,"
"yard sales," "lawn sales," "tag sales," "attic sales," "basement
sales," "rummage sales," "flea market sales" or any similar casual
sale of tangible personal property which is advertised by any means
whereby the public at large is or can be made aware of the sale.
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 areas or zoning districts, whether or not said areas
or zones are residential, business or otherwise, within the geographic
boundaries of the Village of South Nyack.
[Amended 11-15-1988 by L.L. No. 10-1988; 9-12-1989 by L.L. No. 4-1989]
It shall be unlawful for garage sales to be held on one property
more than five times in one calendar year.
[Amended 9-12-1989 by L.L. No. 4-1989]
All garage sales held pursuant to this chapter shall be conducted
between the hours of 9:00 a.m. and 6:00 p.m. only on the day or days
of such sales.
[Amended 4-24-1984 by L.L. No. 1-1984; 9-12-1989 by L.L. No. 4-1989]
A.Â
Garage sales may be advertised through the newspapers and other media.
B.Â
A sign no larger than two feet by two feet may be installed on the
property where the sale is being conducted. In addition, four signs
of the same size as two feet by two feet may be installed on private
property in the neighborhood with the consent of the owner of the
property. The signs may be displayed no earlier than 48 hours prior
to the sale and shall be removed within 24 hours after the sale is
concluded.
C.Â
No signs or other displays advertising the sale shall be placed upon
public property, the public right-of-way or on any other private property,
except as hereinbefore provided. No lighted or illuminated signs shall
be used.
[Amended 9-12-1989 by L.L. No. 4-1989]
This chapter shall not be applicable to:
A.Â
Persons selling goods pursuant to an order of process of a court
of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and duties as public
officials.
C.Â
Any person 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 nine in number.
D.Â
Any publisher of a newspaper, magazine or other publication or other
communications media who publishes or broadcasts anything 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.Â
Any sale conducted by any legitimate business or commercial or industrial
establishment, properly zoned under the zoning regulations of the
Village of South Nyack, and any other sale conducted by a business
or commercial or industrial establishment under the protection of
the nonconforming use provisions of the zoning laws or by any other
vendor, dealer, etc., when the sale is conducted in a properly zoned
area and not otherwise prohibited by the laws and resolutions of the
Village of South Nyack, the State of New York or this chapter.
[Amended 9-12-1989 by L.L. No. 4-1989; 6-25-2019 by L.L. No. 3-2019]
Any person, firm, association, corporation or other entity who or which violates any provision of this chapter shall be subject to a Type A penalty as set forth in § 1-15 of the Village Code.
[Amended 9-12-1989 by L.L. No. 4-1989]
It is not the intention of this chapter to change or amend the
zoning or hawking and peddling laws or any other laws of the Village
of South Nyack.
