Village of South Nyack, NY
Rockland County
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Table of Contents
Table of Contents
[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]
Garage sales may be advertised through the newspapers and other media.
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.
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:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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.
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.
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.