[HISTORY: Adopted by the Board of Trustees of the Village
of Rhinebeck 11-10-2015 by L.L. No. 2-2015. Amendments noted where
applicable.]
GENERAL REFERENCES
Outdoor sales — See Ch. 89.
The Village Board of the Village of Rhinebeck hereby determines
that unregulated garage/yard sales within the Village of Rhinebeck
cause annoyance to citizens in residential areas and cause an obstruction
to pedestrian or vehicular traffic, and adverse effect on the surrounding
residential community or the circumvention of the Village Zoning Code
by replacing the residential character of our neighborhoods with that
of official enterprise.
As used in this chapter, the following terms shall have the
meanings indicated:
The individual designated by the Village Board of Trustees
as the enforcement officer for the Village of Rhinebeck.
Includes all general sales, open to the public, conducted from or on a residential premises or in any residential district as defined by Chapter 120, Zoning, 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," "rummage sale," or any like kind description.
A lot on which a building is located which has a certificate
of occupancy for residential occupancy classification only as the
same is defined by the New York State Fire Prevention and Building
Code, or any vacant lot which abuts a residential premises.
No person or persons shall conduct more than four garage sales
within the Village of Rhinebeck during any calendar year. No more
than four garage sales may be conducted on a single parcel during
any calendar year.
The Code Enforcement Officer may conduct an investigation as
may reasonable and necessary to determine if there is compliance with
this chapter.
The property owner and/or tenant of the residential premises
on which the garage sale is conducted shall be jointly and severally
responsible for the maintenance of good order during the hours of
the garage sale. Such individual shall ensure that there is no 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.
This provisions of this chapter 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.
Person acting in accordance with their powers and duties as public
officials.
C.
Any bona fide charitable, educational, 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.
D.
Sales, such as lemonade stands, conducted by children under 12 years
of age that are appropriately supervised. This exemption shall be
limited to a single table no more than 15 square feet and to the sale
of consumable goods such as lemonade and/or baked goods.
A.
Violations. Any person, whether as owner, tenant or agent, who shall
violate any of the provisions of this chapter shall be guilty of a
violation. Each day a sale is conducted in violation of this chapter
shall constitute a separate offense. The Code Enforcement Officer
shall have the authority to issue an appearance ticket to the person
who is in violation of this chapter.
B.
Fines. A violation of this chapter is hereby declared to be an offense,
punishable by a fine of not less than $250 nor more than $1,000 for
each offense.
