[HISTORY: Adopted by the Village Board of Trustees 6-21-2021 by L.L. No. 2-2021. Amendments noted where applicable.]
The purpose of this chapter is to control and restrict yard
sales in order to protect the public health, safety, welfare, and
convenience of the Village residents; and to restrict such sales and/or
occasional occurrences in order to help maintain the character of
neighborhoods. The intent of this chapter is to eliminate repeated,
perpetual, prolonged, and extended use of yard sales in the Village
of Middleport.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual, partnership, family group, corporation, or
unincorporated association, LLC or other entity. "Person" shall include
the owner of property upon which the yard sale is conducted, and any
person involved in the conduct of the sale.
Any parcel of land, improved or not improved, in the Village
of Middleport.
The sale or offering for sale of new or used items of personal
property at any premises at any time, indoors or outdoors. The term
"yard sale" shall include all sales entitled: "yard sale," "garage
sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement
sale," "rummage sale," "estate sale," or any similar casual sale of
tangible property, which is advertised by any means whereby the public
is or can be made aware of the sale, including the setting out of
merchandise or tables to present merchandise in yards, whether or
not signs are posted or displayed.
A.
No person shall operate a yard sale within the Village limits for
more than three consecutive days.
B.
Yard sales shall only be conducted between the hours of 8:00 a.m.
and 6:00 p.m.
C.
No person may conduct a yard sale on any property more than two times
in any calendar year. Yard sales held during the traditional annual
community yard sale on the first Saturday in May are excepted from
the restrictions of this subsection.
A.
No sign advertising any yard sale shall be larger than three square
feet.
B.
No person shall advertise any yard sale with more than four signs
posted within the Village limits.
C.
Signs shall not be posted without first obtaining permission from
the owner of the property where the sign is posted.
D.
No signs shall be posted more than 48 hours prior to the start time
of the yard sale, and all signs shall be removed from public view
within 24 hours of the end time of the yard sale.
No person involved in the conduct of a yard sale shall obstruct,
block, or impede the public from any street, road, alley, sidewalk
or any other public place where it is intended that the general public
has the right to move about freely either on foot or by motor vehicle.
In addition to the general power of the Village Police Department
to enforce this chapter pursuant to the Municipal Home Rule Law and
the Criminal Procedure Law of the State of New York, this section
also authorizes the Village Code Enforcement Officer to issue an appearance
ticket pursuant to Article 150 of the Criminal Procedure Law directing
a designated person to appear in a designated court at a designated
future time in connection with the alleged commission of a designated
violation of this chapter.
A violation of any provision of this chapter is punishable by
a fine not to exceed $250 or imprisonment of not more than 15 days,
or both.
This chapter shall take effect immediately upon the filing with
the Secretary of State.
