[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 10-7-1980 by L.L.
No. 5-1980. Amendments noted where applicable.]
This chapter shall be known as the "Garage Sale Licensing Law."
The occasional conduct of sales of personal property from residential
areas of the Village known as "garage sales," "lawn sales," "attic
sales," "yard sales" or by any other similar designation has proliferated
and, in some cases, created traffic congestion problems. Such sales
often have continued for extended periods of time resulting in ongoing
retail operation to the detriment and degradation of the character
of residential neighborhoods. The purpose of this chapter is to regulate
and restrict the conduct of such garage sales in residential areas
in order to protect the safety, health and welfare of the Village
residents and to preserve the character of such neighborhoods.
As used in this chapter, the following terms shall have the
meanings ascribed to them herein:
The sale or offering for sale of new, used or secondhand items
of tangible personal property from any one residential premises.
The sale of tangible personal property from residential premises
entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn
sale," "attic sale," "basement sale," "rummage sale," "flea market"
or any similar casual or occasional sale advertised to the public
at large as such.
An individual, partnership, family, group, an unincorporated
association or a corporation.
A single- or multiple-family dwelling unit used for residential
purposes which is not located in an area of the Village zoned for
commercial, industrial, business, manufacturing or mercantile uses.
The Village of Canajoharie.
Except as provided in § 73-8 hereof, it shall be unlawful after the effective date of this chapter for any person to conduct a garage sale from residential premises of the Village without first obtaining a license therefor from the Village Clerk of the Village. Such license may be issued to one person or for one specific residential premises or location only once within a six-month period. No more than two licenses for a garage sale shall be issued for the same premises or to the same person in any one twelve-consecutive-month period. Such a license shall not be issued for longer than two consecutive weeks with the dates of such garage sale entered thereon. The license issued pursuant to this chapter shall be prominently displayed on the residential premises on which the garage sale is conducted throughout the entire period of the licensed sale and shall be available at all times to inspection by any person.
A person desiring to obtain a license for a garage sale shall
file a written application therefor with the Clerk of the Village,
containing the following information, statements and requirements:
A.
The name of the applicant and the name of all persons who will conduct
the garage sale.
B.
The name of the owner and occupant or tenant of the residential premises
on which the garage sale will be conducted.
C.
The consent of the owner of the residential premises on which the
garage sale will be conducted, if the applicant is other than the
owner.
D.
The location and street address of the residential premises.
E.
The date or dates of the garage sale.
F.
The name of each person who will include his or its merchandise in
such sale.
G.
The date and nature of any garage sale conducted by the same applicant
or on the same premises within the preceding twelve months.
H.
The relationship of the applicant to any person conducting the garage
sale.
I.
Whether or not the applicant has been issued any vendor's license
to hold such sale by any federal, state or local government or agency
thereof.
J.
Whether adequate off-street parking is available in order to prevent
vehicular traffic congestion.
K.
Any other information required by resolution adopted by Village Board.
L.
An affirmation or sworn statement by the applicant that the information
given is full and complete and known by the applicant to be so.
Garage sales pursuant to this chapter shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only on the days for which the
license was issued.
An advertising sign no greater in size than two by two feet
may be installed on the premises on which the garage sale will be
conducted. Such sign shall be displayed only during the hours of sale
and shall be removed within 24 hours after the sale is concluded.
No sign or other display advertising the sale shall be placed on any
public place or right-of-way of the Village, and no illuminated or
lighted sign may be used to advertise a garage sale.
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 authority.
B.
Any person advertising in a publication of general circulation the
sale of tangible personal property, not displayed to the public, for
a period not to exceed two weeks in any continual six-month period.
C.
Any sale of personal property authorized or licensed to do so pursuant
to any state statute or any other local law, ordinance, rule or regulation.
D.
Any charitable, educational, cultural, religious corporation, association
or institution, civic group, service club, associations or not-for-profit
corporations.
[Amended 10-16-1990 by L.L. No. 2-1990]
The licensee for a garage sale shall be responsible for the
maintenance of good order and decorum on the premises during the hours
of the garage sale and shall not permit the parking of motor vehicles
on or about the public streets or such premises which would impede
the flow of vehicular traffic and shall not obstruct or impede pedestrian
traffic on the sidewalks of the Village.
This chapter shall be enforced by any peace officer or any police
officer of the Village. It shall be the duty of any such officer to
investigate any violation of this chapter coming to his attention
and to prosecute the same before the Village Justice of the Village
of Canajoharie.
[Amended 10-16-1990 by L.L. No. 2-1990]
Any person who shall violate the provisions of this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be punished by a fine of not more than $250 or imprisoned for not
more than 15 days, or both. Each day that such violation continues
shall be considered and constitute a separate violation.
