[HISTORY: Adopted by the Common Council of
the City of Amsterdam as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-5-1954]
The following words and terms as used in this
article, respectively, shall be deemed to mean and be construed as
follows:
The City Clerk of the City of Amsterdam, New York.
A license issued pursuant to this article.
Any person to whom a license has been issued pursuant to
this article.
One or more persons of either sex, firm, copartnership or
corporation.
The Police Chief of the City of Amsterdam, New York.
[Amended 12-22-1997 by L.L. No. 3-1998]
Any and all means of conveying to the public notice of sale
or notice of intention to conduct a sale, whether by word of mouth,
newspaper or magazine advertisement, by handbill, by written notice,
by printed notice, by printed display, by billboard display, by poster,
by radio or televised advertisement and by any and all means, whether
written, oral or printed.
The sale or any offer to sell to the public goods, wares
and merchandise of any and all kinds and descriptions on hand and
in stock in connection with a declared purpose, as set forth in advertising,
on the part of the seller that such sale is anticipatory to the termination,
closing, liquidation, revision, windup, discontinuance, conclusion
or abandonment of business in connection with such sale. It shall
also include any sale advertised to be a fire sale, adjustment sale,
creditor's sale, trustee's sale, retirement sale, reorganization sale,
alteration sale, executor's sale, administrator's sale, insolvent
sale, insurance salvage sale, mortgage sale, assignees sale, adjustor's
sale, receiver's sale, loss-of-lease sale, wholesaler's closing-out
sale, forced out-of-business sale, removal sale and any and all sales
advertised in such a manner to reasonably convey to the public that
upon the disposition of the stock of goods on hand the business shall
cease and be discontinued.
No person shall publish or conduct any sale
of the type herein defined without a license therefor.
The City Clerk is hereby authorized and empowered to supervise and regulate sales or special sales defined in § 190-1 of this article and to issue an appropriate license or licenses therefor. Such license or licenses shall be issued, in the discretion of the City Clerk, upon the written application in a form approved by the City Clerk and verified by the person who or by the officer of the corporation or member of the firm which intends to conduct such sale.
A.
Such application shall contain:
(1)
A description of the place where such sale is to be
held.
(2)
The nature of the occupancy whether by lease or sublease
and the effective date of termination of such occupancy.
(3)
The means to be employed in publishing such sale,
together with the proposed language content in any advertisement.
(4)
An itemized list of the goods, wares and merchandise
to be offered for sale, the sources from which such merchandise was
purchased or acquired, together with the dates of purchase of each
article and if not purchased, the manner of such acquisition.
(5)
A statement that ownership of the items or articles
to be offered for sale is vested solely in the applicant. The inventory
shall be verified by the applicant if he be an individual, by one
of the partners if a partnership or by a duly authorized officer if
a corporation.
(6)
Such application shall contain any additional information
as the City Clerk may require.
B.
Upon receipt of such application and the payment of
the fee hereinafter prescribed, the City Clerk shall cause the application
to be examined and the statements therein investigated. If, after
such investigation, the City Clerk is satisfied as to the truth of
the statements contained in such application and as to the form and
content of the advertisement to be used in connection with the sale,
he may then issue a license permitting the publication and conduct
of the sale; provided, however, that such license shall not be issued
until the lapse of 10 days from the sale of filing the application
with the City Clerk. Such license shall be for a period not exceeding
30 days.
C.
Upon satisfactory proof by the licensee that the stock
in the original application has not been disposed of, the City Clerk
may renew such license for an additional period of 30 days, upon payment
of the prescribed renewal fee. Such renewal application shall be made
in writing, in a form approved by the City Clerk and shall contain
an itemized list of the stock remaining on hand, and the same shall
be verified by the applicant. The City Clerk shall cause the renewal
application to be examined and the statements therein investigated
and, if satisfied as to the truth of the statements therein contained,
the City Clerk may issue a renewal license for a period not exceeding
30 days.
D.
The City Clerk is further empowered to make such rules
and regulations for the advertisement and conduct of such sales or
special sales as in his opinion will serve to prevent deception and
to protect the public.
E.
The City Clerk shall have the power to suspend or
revoke at any time for cause any license granted in accordance with
this article.
On filing an original application or a renewal
application for a license to advertise and conduct a sale or special
sale as herein defined, the applicant shall pay to the City Clerk
the sum of $10. If any application or renewal application be disapproved,
said payment shall be forfeited to the City of Amsterdam as and for
the cost of investigating the statements contained in such application
or renewal application.
On commencement of any sale as hereinbefore
described, the license issued by the City Clerk shall be prominently
displayed near the entrance to the premises. A duplicate original
of the application and stock list pursuant to which such license was
issued shall at all times be available to the City Clerk, and the
licensee shall permit the City Clerk or persons authorized in his
behalf to examine all merchandise in the premises for comparison with
such stock list. All advertisements or advertising and the language
contained therein shall be in accordance with the purposes of the
sale as indicated in the application pursuant to which a license was
issued, and the wording of such advertising shall not vary from the
wording as indicated in the application. Such advertising shall in
no manner or form whatsoever, whether directly or indirectly, indicate
that such sale is held with the approval of the City Clerk. Such advertising
shall contain a statement in these words and no others: "Sale held
pursuant to License No. ...... issued by the City Clerk of the City
of Amsterdam, New York on the ....... day of ..........., 19 ....,"
and in such blank spaces shall be included the license number and
the date the license was issued. Suitable books and records as prescribed
by the City Clerk shall be kept by the licensee and they shall at
all times be available to the City Clerk or his authorized representatives.
At the close of business each day the stock list attached to the application
shall be revised and those items disposed of during each day shall
be marked on each list. No additional merchandise shall be added to
the stock in the establishment of the licensee after issuance of the
first license.
The provisions of this article shall not apply
to or affect the following persons:
[Amended 12-22-1997 by L.L. No. 3-1998]
The Police Chief shall render such aid and assistance
to the City Clerk as the latter may require in the administration
and enforcement of this article.
Any person who shall violate or who shall neglect
or refuse to comply with the provisions of this article shall, upon
conviction thereof, be punished by a fine of not more than $100 or
by imprisonment not exceeding 30 days, or by such fine and imprisonment.
Each day such violation continues shall be considered as a separate
violation and punishable as such.
[Adopted 10-18-2016 by Ord. No. 2016-10[1]]
[1]
Editor's Note: This article was adopted as Ch. 175, but
was renumbered in order to maintain the organization of the Code.
A.
The intrusion of unregulated yard/garage sales can cause annoyance
to the citizens and businesses in the City of Amsterdam and congestion
of the streets. The provisions contained in this article are intended
to prohibit the conducting of a business in any zoned residential
area or residential premises by regulating the terms and frequency
of yard/garage sales so as not to disturb or disrupt the residential
environment of the area.
B.
The provisions herein are intended to regulate garage/yard sales
in the City of Amsterdam by regulating:
(1)
They do not become more than temporary casual events in any zoned
residential area of residential premises.
(2)
Preventing them from disturbing or disrupting the quality of life,
neighborhood appearance, and environment enjoyed by citizens.
(3)
Preserving the safety and welfare of citizens; and
(4)
Protecting property values.
C.
The provisions and prohibitions herein are enacted to regulate, not
prevent, casual garage/yard sales by residents wishing to dispose
of their unwanted personal household items.
For the purpose of this article, the following terms, phrases
and their derivations shall have the meanings given herein:
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the State Fire Prevention and Building Code, or
any vacant lot which abuts a residential premises and owned by the
same.
Includes all general sales, open to the public, conducted
from or on a residential premises or in any residential zone, for
the purpose of disposing of personal property or other property, including
but not limited to all sales entitled "garage," "lawn," "yard," "attic,"
"porch," "room," "backyard, "patio," "flea market," "estate" or "rummage
sale."
A.
No more than three such sales shall be conducted at the same premises
or by the same person in any one calendar year. There shall be at
least 30 days between sales. Such sale shall not be conducted for
longer than three consecutive days.
B.
All such sales held pursuant to these provisions shall be limited
to the hours of 8:00 a.m. and 6:00 p.m.
A.
No sale shall be conducted unless and until the individuals desiring
to conduct such sale shall register with the City Clerk's office
not less than 48 hours before the proposed start of the sale via email,
telephone or in person and provide the following information:
(1)
The full name and address of the applicant.
(2)
The date or dates upon which the proposed garage sale is to be held.
(3)
The location at which the proposed sale is to be held.
(4)
The date or dates of any other sales held at the proposed location
within the current calendar year, if known.
(5)
An affirmation statement that the items to be sold are owned by the
applicant as personal property and are neither acquired nor consigned
for the purpose of resale.
B.
There shall be no charge for registration of a yard/garage sale.
The City Clerk may request that the Police, Fire or Codes Department,
or any other official designated by City ordinance, conduct an investigation
as may reasonably be necessary to determine if there is compliance
with this article and may close the premises from such sale or issue
an appearance ticket or, in the case of a police officer, arrest any
individual who violates the provisions of this article.
A.
The individual conducting the sale and the owner or tenant of the
premises on which such sale or activity is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum
on the premises during all hours of sale or activity. No such individual
shall permit any loud or boisterous conduct on said premises nor permit
vehicles to impede the passage of traffic on any roads or streets
in the area of such premises. All such individuals shall obey the
reasonable orders of any member of the Police or Fire Department of
the City in order to maintain the public health, safety, and welfare.
B.
Personal property offered for sale may be displayed within the residence,
garage, carport or yard, but only in such areas. No personal property
offered for sale shall be displayed in any public right-of-way. At
the end of the last day of a sale, all items for sale must be cleared
from the front of the property and stored out of sight from the road
or neighboring properties.
Only the following specified signs may be displayed in relation
to a pending sale:
A.
Two signs of not more than four square feet each are permitted to
be displayed on the property of the residence where the garage sale
is being conducted.
B.
Four directional signs of not more than two square feet each are
permitted, provided that the premises upon which the sale is conducted
is not on a major thoroughfare and written permission to erect the
signs is received from the property owner upon whose property such
signs are to be posted.
C.
No sign or other form of advertising shall be exhibited for more
than two days prior to the day the sale is to commence.
D.
Signs must be removed at the close of garage sale activities.
E.
No signs or other display advertising the sale shall be attached,
placed, painted or pasted upon any public lamppost, electric, telegraph
or telephone pole, shade tree, fire hydrant or any sidewalk, curbstone,
flagstone or crosswalk.
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. Further, the Police Department
may enforce temporary controls to alleviate any special hazards and/or
congestion created by any sale.
The provisions of this article shall not apply to or affect
the following:
A.
Persons selling goods pursuant to an order or 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 merchant or mercantile or other business
establishment from or at a place of business having a certificate
of occupancy classification as defined by the State Fire Prevention
and Building Codes, wherein such sale would be permitted by the Zoning
Ordinance of the City[1] or under the protection of the nonconforming use section
thereof, or any other sale conducted by a manufacturer, dealer or
vendor and which sale would be conducted from properly zoned mercantile
premises and not otherwise prohibited in other ordinances.
D.
Any bona fide charitable, cultural or governmental institution or
organization when the proceeds from the sale are used directly for
the institution's or organization's charitable purposes
and the goods or articles are not sold on a consignment basis.
E.
Any sale that is part of a City-sanctioned event such as a City-wide
yard/garage sale.
Any person committing any offense against any provision of this
article shall be guilty of a violation and shall be fined not less
than $50 nor more than $250 for each such offense.
