[HISTORY: Adopted by the Board of Trustees of the Village
of Fultonville 1-19-2021 by Res. No. 01-06-2021. Amendments noted
where applicable.]
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.
A.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
GARAGE SALE
PERSONAL PROPERTY
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
Includes all general sales open to the public conducted from or on a residential premises or in any residential zone, as defined in Chapter 145, Zoning, for the purpose of disposing of personal property or other property, including but not limited to all sales entitled "garage," "lawn," "estate," "yard," "attic," "flea market" or "rummage sale." This definition shall not include a situation where no more than five specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
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.
A.
Signs permitted. Only the following specified signs may be displayed
in relation to a pending garage sale:
(1)
Two signs permitted. Two signs of not more than six square feet each
are permitted to be displayed on the property of the residence where
the garage sale is being conducted.
(2)
Directional signs. Two signs of not more than six square feet each
are permitted on other premises, provided that written permission
to erect said signs is received from the property owners upon whose
property such signs are to be posted.
B.
Time limitations. No sign or other form of advertisement shall be
exhibited for more than two days prior to the day such sale is to
commence.
C.
Removal of signs. Signs must be removed by the end of the final day
of the sale.
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.
A.
Any person who violates the provisions of this chapter shall be subject,
upon conviction, to a penalty of not more than $250 or a term of imprisonment
not to exceed 15 days, or both.
B.
Every article sold and every day a sale is conducted in violation
of this chapter shall constitute a separate offense, and any person
allowing or permitting the continuation of the offense may be punished
as provided herein for each separate violation.