The Town Board has determined that the unregulated sales of
personal property, through what are commonly known as "garage sales,"
"lawn sales" or "rummage sales" or similar types of sales, result
in the commercialization of residential neighborhoods and result in
parking and traffic problems as well as introducing commercial activity
into residential areas. The Village has also determined that the complete
prohibition of such sales would prevent the residents of the Village
of Fultonville from being able to sell surplus personal property in
a reasonable manner without an undue impact on the health, safety
and welfare of the community.
It shall be unlawful for any individual to sell or offer for
sale, under authority granted by this chapter, property other than
personal property. Notwithstanding the foregoing, members of more
than one residence may join together in a single sale held at one
of their residences.
Personal property offered for sale during a garage sale permitted
by the Code may be displayed in any yard. Personal property offered
for sale, but not constituting a garage sale as defined in the Code
must be displayed within a residence, garage, porch or carport or
on a private driveway located in the rear yard.
The owner or tenant of the premises on which such sale or activity
is conducted shall be responsible for the maintenance of good order
and decorum on the premises during all hours of such 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 Town in order to maintain the public health, safety
and welfare.
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. Further, the Monroe County Sheriff,
New York State Police and Code Enforcement Officer may enforce such
temporary controls to alleviate any special hazards and/or congestion
created by any garage sale.
The 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. Persons acting in accordance with their powers and duties as public
officials.
C. Any bona fide charitable, eleemosynary, 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.
The person or persons to whom such permit is issued and the
fee owner and occupant of the premises on which the sale is conducted
shall be jointly and severally responsible for the maintenance of
good order and decorum on the premises during all hours of the sale.
No such person or persons shall permit any loud or boisterous conduct
on said premises. All such persons shall obey the orders of the Code
Enforcement Officer and any other duly authorized official or agency
in order to maintain the public health, safety and welfare. Permits
must be obtained from the Village Clerk.
It is not the intention of this chapter to change or amend Chapter
145, Zoning.