[HISTORY: Adopted by the Town Board of the Town of Woodbury 10-1-1998 by L.L. No. 10-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 189.
Peddling and soliciting — See Ch. 234.
Property maintenance — See Ch. 240.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
Sales commonly known as "garage sales," "lawn sales," "attic sales," "rummage sales" or "flea market sales" or any similar garage sales of tangible personal property wherein goods are made available for sale to the public at large.
PERSONAL PROPERTY
Includes movable and tangible things such as furniture, toys, clothing, etc., maintained at the site of the garage sale for a period of six months prior to the sale.
No person shall conduct a garage sale of personal property without first obtaining a license from the Town Clerk. Such license shall be issued to the owner or tenant of such household only twice within a calendar year, and no such license shall be issued for more than three consecutive days. The license fee for such sale as defined in this chapter shall be $5.
A. 
There shall be no more than two such sales per year per household unless otherwise authorized by action of the Town Board.
B. 
No goods shall be displayed nor shall a sale be conducted on premises other than in the driveway, in the garage or the interior of the premises, or the rear yard or side yards or front yard, except for that portion of the side yard which protrudes into the front yard, all as defined in the Zoning Law.[1]
[1]
Editor's Note: See Ch. 310, Zoning.
C. 
Newspaper advertisements for the sale shall be permitted as well as a sign on the premises. However, the sign on the premises shall not be erected more than 48 hours prior to the sale and shall be removed immediately after the sale.
D. 
Where a permit is issued, the permit shall designate three days during which the sale is permissible under the permit. An automatic rain date is granted without additional fee.
E. 
No off-premises sign shall be permitted unless simultaneously with the application for a garage sale license a deposit of $50 shall be given to the Town Clerk which shall permit off-premises signs. Within one week after the garage sale, the applicant shall be required to remove all off-premises signs and, failing to do so, the $50 deposit shall be forfeited, which sum shall be applied to the cost of the removal of such off-premises signs. However, in the event that the applicant fully complies with removing the signs within the aforesaid time limitation, the applicant shall be entitled to a return of the $50 deposit.
F. 
A sign no greater in size than 20 inches by 14 inches may be placed on the property where the sale is conducted.
G. 
No goods shall be sold at a garage sale, as defined in this chapter, which have been purchased for sale at a garage sale nor shall any goods be sold at a garage sale except goods which have been owned by the owner and at the premises of the owner for six months prior to the sale.
H. 
No tangible personal property shall be sold at a garage sale, as defined in the within chapter, except pursuant to the issuance of a license and except in conformity with the restrictions contained in the within chapter.
I. 
The occupier of the premises shall not sell goods at the premises received by him under consignment.
J. 
The applicant shall be required to clean up the premises by 6:30 p.m. of the last day of the sale.
A. 
The application for a license shall be made at least two days prior to the initial date of the intended sale. The license shall be prominently displayed on the premises and visible from the street upon which the sale is conducted throughout the entire period of the licensed sale.
B. 
A person applying for a license shall submit to the Town Clerk, in writing, the name of the person conducting the sale; the name of the owner of the property on which the said sale is to be conducted; the location at which the sale is to be conducted; the number of days of the sale; and the date and nature of any past sales during the same calendar year.
C. 
The application shall provide the following information:
(1) 
Name of person, firm, group, corporation, association or organization conducting said sale.
(2) 
Name of the owner of the property on which said sale is to be conducted and the consent of the owner if the applicant is other than the owner.
(3) 
Location at which the sale is to be conducted.
(4) 
Number of days of the sale.
(5) 
Date and nature of any past sale.
(6) 
Relationship or connection the applicant may have had with any other person conducting a sale and the date or dates of such sale.
(7) 
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
(8) 
Sworn statement or affirmation by the person signing that the information there given is full and true and known to him to be so.
No sale shall be conducted except during the hours of 8:00 a.m. to 6:00 p.m., except Sunday when the hours will be 1:00 p.m. to 6:00 p.m.
The provisions of this chapter shall not apply to or affect the following persons or sales:
A. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
B. 
Persons selling pursuant to an order or process of the court.
C. 
Persons acting in accordance with their powers and duties as public officials.
D. 
Any person selling or advertising for sale an item or items of personal property which are specifically named and described in the advertisement and which separate items do not exceed five in number.
E. 
Any sale conducted by a merchant or business establishment from or at a place of business which is lawful.
A. 
This chapter shall be enforced by the Woodbury Police Department. It shall be the duty of the Police Department to investigate any violation of this chapter coming to its attention, whether by complaint or arising from its own personal knowledge, and if a violation is found to exist, it shall prosecute a complaint before the Town Justice pursuant to the provisions of this chapter.
B. 
The person to whom the license is issued and the owner or tenant of the premises at which the sale is to be 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 loud or boisterous conduct shall be permitted on the premises, nor shall the passage of traffic be in any way impeded.
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be fined not less than $10 nor more than $250. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.