[HISTORY: Adopted by the Board of Trustees of the Village
of East Syracuse 7-6-2015 by L.L.
No. 1-2015 (§ 715 of the 2003 Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Garage
Sale Law of the Village of East Syracuse, New York." This chapter
is established to control and regulate the conducting of sales, commonly
referred to as "garage sales," within the Village of East Syracuse
in order to protect the public health, safety and convenience and
to restrict sales to casual and/or occasional occurrences only in
keeping with the character of the neighborhood where this activity
is carried on. The further purpose of this chapter is to eliminate
the perpetual, prolonged and extended garage sales.
As used in this chapter, unless the context or subject matter
otherwise requires, "garage sale," "porch sale," "tag sale," "attic
sale," "barn sale" or "yard sale" (or a sale of a similar character,
herein referred to as "garage sale") means the sale of items of tangible
personal property, including, but not limited to, furniture, appliances,
furnishings, clothing, bric-a-brac, antiques, toys, tools, and similar
items used about a household or person in the normal course of living
in or maintaining a residence.
It shall be unlawful for any person to conduct a garage sale
within the Village except in accordance with the provisions of this
chapter.
A garage sale may be conducted for no more than three consecutive
days, commencing no earlier than 8:00 a.m. and concluding no later
than dusk. There shall be no more than three garage sales at any one
location during the calendar year.
A.
Not more than five signs, each of which shall be no larger in size
than two feet by two feet, may be used to advertise a garage sale.
Such signs shall be displayed no earlier than 24 hours prior to the
sale and shall be removed immediately after the sale is concluded.
B.
No sign or other display advertising the sale shall be placed on
the public right-of-way.
A garage sale may be conducted only on the property owned, leased,
or rented by a person conducting the sale. Multiple-family sales are
encouraged and permitted, provided that the sale is conducted on property
owned, leased or rented by one of the participants.
A.
The person(s) conducting a garage sale shall be responsible for the
maintenance of good order and decorum on the property during the garage
sale and shall not permit the parking of motor vehicles on or about
the public streets or such other premises which would impede the flow
of vehicular traffic or obstruct or impede pedestrian traffic on the
sidewalks of the Village. No hawking or public address devices or
system shall be permitted.
B.
No item purchased or acquired for resale or obtained on consignment
may be offered for sale.
C.
Items offered for sale may only be displayed within the residence,
in a garage or carport, or in a yard, and not in any public right-of-way
or elsewhere. All remaining items, tables, other display apparatus
and debris shall be removed from public view immediately after the
sale is concluded.
This chapter shall not apply to:
A.
A person selling personal property pursuant to an order or process
of a court of competent jurisdiction, or to any public official acting
pursuant to and within the scope of his or her authority.
B.
Any person advertising in a publication of general circulation the
sale of not more than five items of tangible personal property which
are specifically named or described in the advertisement and not displayed
to the public at large.
C.
Any sale of personal property authorized or licensed pursuant to
any state or local law, ordinance, rule or regulation.
D.
Any charitable, educational, cultural, fraternal, religious, civic,
service or other not-for-profit corporation or voluntary association.
E.
Any auction or bona fide estate sale of all or substantially all
of the contents of a household.
F.
Any sale conducted by a mercantile or other business establishment from or at a place of business wherein such sale would be permitted under Chapter 340, Zoning.
G.
Any Village-wide garage sale.
It is not the purpose or intent of this chapter to change or otherwise amend Chapter 340, Zoning.
Any person committing an offense against any provision of this
chapter may be guilty of a violation punishable by a fine of no more
than $250, or by imprisonment for a term not exceeding 15 days, or
by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
