[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:
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.
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.
Any real property, parcel, lot or building thereon which
is used for residential occupancy, regardless of the zoning designation.
A.
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.
B.
Garage sales/yard sales may only be conducted during daylight hours.
C.
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.
D.
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.
A.
Any public auction with a duration of no more than two days and conducted
by an auctioneer licensed by the State of New York.
B.
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.
A.
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.
B.
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.
C.
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.
A fine not exceeding $150 for conviction of a first offense;
B.
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
C.
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.
D.
Each week's continued violation shall constitute a separate
additional violation.
