[HISTORY: Adopted by the Board of Trustees of the Village of Warsaw 12-17-2012 by L.L. No. 4-2012. Amendments noted where applicable.]
This chapter shall be known and may be cited as the Garage Sales and Yard Sales Law of the Village of Warsaw."
The legislative intent and purpose of this chapter is to establish conditions pursuant to which residents may conduct occasional garage sales and/or yard sales at their premises within the Village of Warsaw. It has come to the attention of the Village Board that a number of residents are having frequent and/or repeated garage and yard sales at their homes, in effect turning their residential premises into a site where retail business is conducted in a residential area. The Village Board has determined that, in order to promote the public health, safety, and general welfare of the residents in the Village of Warsaw, it has become necessary to restrict such garage sales and yard sales in residential zoning districts. Such sales, if continued without limitation, tend to have the affect of establishing retail businesses in residential areas, creating public nuisance, and altering and compromising the residential character of the neighborhoods and otherwise violating the spirit and intent of the Village Code.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE/YARD SALE
- The general sale of personal property conducted from or on residential premises at any one time for the sale of tangible personal property. These sales shall include, but not be limited to, all sales entitled "garage," "lawn," "estate," "barn," "porch," "inside," "attic," "basement," "tag," "tent," "rummage," "flea market," "moving," or any similar casual sale.
- PERSONAL PROPERTY
- Any such item, goods, clothing, furniture, appliance or other tangible property which is owned, utilized and maintained by the owner or tenant on a residential property and was acquired in the normal course of living in or maintaining a residence. It explicitly does not include any goods or merchandise which were obtained or purchased for resale or consignment.
- RESIDENTIAL PREMISES
- Any real property, parcel, lot or building thereon which is used for residential occupancy, regardless of the zoning designation.
No more than two garage sales/yard sales may be held during the calendar year for each residential premises, and they shall not last longer than three consecutive calendar days each. Garage sales and yard sales are also permitted during the weekend of the Village of Warsaw sidewalk sales/community yard sales.
Garage sales/yard sales may only be conducted during daylight hours.
It shall be unlawful for any individual to sell or offer for sale, under the authority granted by this chapter, property other than personal property as defined herein. Notwithstanding the foregoing, members of more than one residence may join together in a single sale held at one of the residences.
No personal property or goods to be sold at the garage sale/yard sale shall be placed or stored outside except during the permitted duration of the sale, and it shall cease from being stored outside within 24 hours from the end of the sale.
Any public auction with a duration of no more than two days and conducted by an auctioneer licensed by the State of New York.
Any church, civic, fraternal or charitable organization holding a sale of the type described in this chapter shall be exempt from the rules and regulations contained herein, provided that the sale is held upon property owned or rented by that particular organization.
Signs advertising a garage sale are to be restricted to the premises where the sale occurs. Such signs shall not exceed 10 square feet in area and shall not be located where they may interfere with the view of motorists and shall not be posted earlier than one week before the sale commences and must be removed immediately after the sale ceases.
Garage sales/yard sales shall be conducted so as not to impede nor disrupt traffic or parking within the neighborhood.
The owner, tenant, occupant, lessee or person otherwise in charge, control and or possession of residential premises where the garage sale/yard sale is held shall be responsible for compliance with the regulations set forth in this chapter.
This chapter shall be enforced by the Village Code Enforcement Officer, Village Police Department, Village Fire Marshal and any other persons who are authorized by resolution of the Village Board.
Any person who violates any provision of this chapter shall be subject to the payment of a fine. Such person shall include, but not be limited to, the owner, occupant, or tenant of the premises on which the sale occurs and all persons participating in and all premises used for the garage sale/yard sale.
Any alleged violation of any of the provision of this chapter may be pursued by appropriate remedy, whether by injunctive, declaratory or other civil relief or criminal sanction, in court at the option of the Village Board.
A violation of this chapter is hereby declared to be an offense, punishable by:
A fine not exceeding $150 for conviction of a first offense;
For conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350; and
Upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $750.
Each week's continued violation shall constitute a separate additional violation.