[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-14-1974 as Art. IV of Ch. 14 of the Code of Ordinances]
The following words and terms as used in this article shall be deemed to mean and be construed as follows:
- A license issued pursuant to this Article.
- Any person to whom a license has been issued pursuant to this Article.
- PUBLISHED, PUBLISHING, ADVERTISEMENT, ADVERTISING
- Any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement and any and all means, including oral, written or printed.
- The sale or an offer to sell to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised to be a fire sale, adjustment sale, creditors' sale, trustees' sale, liquidation sale, reorganization sale, alteration sale, executor's sale, administrator's sale, insolvent sale, insurance salvage sale, mortgage sale, assignee's sale, adjustor's sale, receiver's sale, loss-of-lease sale, wholesaler's close-out sale, creditor's committee sale, forced-out-of-business sale, removal sale and any and all sales advertised in such manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued.
The Village Clerk is hereby authorized and empowered to supervise and regulate sales or special sales defined in this Article and to issue the appropriate license or licenses therefor.
It shall be unlawful for any person to conduct a sale, as defined in this Article, within the village without first obtaining a license so to do in accordance with the provisions of this Article.
The license required by § 187-3 shall be issued in the discretion of the Village Clerk upon the written application, in a form approved by the Village Clerk and verified by the person who or by an officer of the corporation which intends to conduct the sale. Such application shall contain a description of the place where such sale is to be held, the nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy, the means to be employed in publishing such sale, together with the proposed language content of any advertisements. Such application shall further contain, as part thereof, an itemized list of the goods, wares and merchandise to be offered for sale, the place where such stock was purchased or acquired and, if not purchased, the manner of such acquisition. Such application shall contain any additional information as the Village Clerk may require.
If the Village Clerk is satisfied as to the truth of the statements contained in the application for a license under this Article and as to the form and content of the advertising to be used in connection with the sale, he may then issue a license permitting the publication and conduct of such sale.
A license issued as provided for in this Article shall be for a period not exceeding 30 days, except that upon satisfactory proof by the licensee that the stock itemized in the original application has not been disposed of, the Village Clerk may renew such license for an additional thirty-day period, upon payment of the prescribed renewal fee. Such proof for a renewal license shall be furnished in a form to be issued by the Village Clerk. Said renewal application shall contain an itemized list of stock on hand and the same shall be verified by the applicant. The Village Clerk, if satisfied as to the truth of the statements therein contained, may issue a renewal license for a period not exceeding 30 days.
Upon filing an original application or a renewal application for a license to advertise and conduct a sale or special sale, as defined in this article, the applicant shall pay to the Village Clerk a fee in the sum of $25.
Upon commencement of any sale, as defined in this article, the license issued under this article by the Village Clerk shall be prominently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to the Village Clerk.
All advertisements or advertising and the language contained therein shall be in accordance with the purpose of the sale as stated in the application pursuant to which a license was issued under this article, and the wording of such advertisements shall not vary from the wording as indicated in the application. Such advertising shall in no matter or form whatsoever, either directly or indirectly, indicate that such sale is held with the approval of the Village Clerk. Such advertising shall contain a statement in these words and no other: "Sale held pursuant to Permit No. __________ of the Village of Ellenville, granted the _____ day of ____________________," and in such blank spaces shall be indicated the permit number and the requisite dates.
The Village Clerk is further empowered to make such rules and regulations for the conduct and advertisement of any sale or special sale, as defined in this article, as in his opinion will serve to prevent deception and to protect the public.
The provisions of this article shall not apply to or affect the following persons:
[Added 6-1-1987 by L.L. No. 2-1987; amended 10-16-2000 by L.L. No. 5-2000]
Every person convicted of a violation of any of the provisions of this Article I of this article shall, for the first conviction thereof, be punished by a fine of not less than $100 and not more than $500; for a second or subsequent conviction within 12 months after any previous conviction, such person shall be punished by a fine of not less than $200 and not more than $1,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional violation.
[Adopted 8-6-1984 by L.L. No. 1-1984; amended in its entirety 10-15-2001 by L.L. No. 5-2001]
This article shall be known and may be cited as the "Garage Sales Law of the Village of Ellenville, New York."
This article is intended to control and restrict garage and yard sales in order to protect the public heath, safety and convenience and to restrict such sales to casual and/or occasional occurrences in order to help maintain the character of residential neighborhoods. The intent of this article is to eliminate repeated, perpetual, prolonged and extended garage and yard sales in residential areas. Such sales, if continued without limit, tend to or may become retail businesses in residential areas, create a nuisance and violation of the Village zoning regulations. The provisions of this article arise from the need to limit and regulate garage and yard sales. It is not the intent of this article to amend any other chapter of the Village Code.
As used in this article, the following terms shall have the meanings indicated:
- GARAGE SALE
- The sale of five or more new or used items of personal property at any one residential premises at any one time. The term "garage sale" shall include all sales in residential areas entitled "garage sale," "yard 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.
Garage sales may only be conducted on the following days and only during the following times:
Days permitted: Memorial Day and the Saturday and Sunday immediately prior to Memorial Day; the first Saturday and the first Sunday of July of each year; July 4 of each year, but only if July 4 of such year is on a Friday or a Monday; and Labor Day and the Saturday and Sunday immediately prior to Labor Day. Garage sales shall not be permitted on any other day.
Participants. At least one seller shall be a resident of the premises or an authorized agent of the estate from which the garage sale is conducted.
Goods to be sold. The sale of goods shall be limited to those belonging to the seller conducting the sale which were acquired by the seller for his or her own use, whether or not such goods were actually used by the seller. Such sales shall not include goods, new or used, specifically acquired by the seller for resale.
Responsibility for conduct of sales. The persons conducting the sale shall be responsible for the maintenance of good order and decorum on the premises during the hours of the sale and shall not permit the parking of motor vehicles on or about the public streets or such premises which would impede the flow of vehicular traffic and shall not obstruct or impede pedestrian traffic on the sidewalks of the Village.
Signs. Not more than four signs, none of which shall exceed four square feet, shall be permitted to advertise any one garage sale. Unless the sign is to be located at the residence where the sale is to be conducted, it must contain the address where the sale is to be conducted and the date or dates by month and day. If the sign or signs are to be placed at a location other than the residence where the sale is to be conducted, it shall be the responsibility of the person conducting the sale to obtain the permission or consent of the owner of the location where the signs are placed. No such signs shall be erected for advertisement more than 48 hours prior to the commencement of the sale, and all such signs must be removed from display within 24 hours of the completion of the sale.
The Village Police Department, the Code Enforcement Office or their duly authorized designees shall have authority to enforce the provisions of this article.
Any person or persons who shall violate any of the provisions of this article shall be guilty of an offense and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day that a violation continues shall be deemed a separate offense.
This article is intended to replace and supercede the existing laws of the Village applicable to this subject. Accordingly, §§ 187-14 through 187-27 of the Code of the Village of Ellenville are hereby repealed.
This article shall take effect upon filing with the Secretary of State of the State of New York.