[HISTORY: Adopted by the Council of the City of New Rochelle 7-18-2006 by Ord. No. 182-2006; amended in its entirety 9-24-2015 by Ord. No. 183-2015. Subsequent amendments noted where applicable.]
Auctions and auctioneers — See Ch. 96.
Christmas trees — See Ch. 125.
Fees — See Ch. 133.
Junk dealers — See Ch. 181.
Peddling and soliciting — See Ch. 235.
Secondhand articles and vehicles — See Ch. 264.
Signs — See Ch. 270.
Transient merchants — See Ch. 298.
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 the plural number. The word "shall" is always mandatory and not merely directory.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- ESTATE SALE
- All sales in which a person and/or professional firm is engaged to conduct a garage sale as defined below.
- GARAGE SALE
- Includes all general sales, open to the public, conducted from or on a residential premises for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "tag," "patio," "flea market," "moving," "relocation" or "rummage" sale.
- HOMEOWNER ASSOCIATION
- Any group of homeowners in the same area that form a homeowner association. This also means a neighborhood association, civic association and/or an institution.
- INDIVIDUAL HOMEOWNER
- Any person who owns a home and/or lot within the City of New Rochelle, New York.
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained by a person and/or his or her household and acquired in the normal course of living in or maintaining a residence, which shall not include merchandise purchased for resale or obtained on consignment.
No person or homeowner association shall display, offer for sale, or sell personal property at a garage sale without first obtaining a permit therefor from the City Clerk. The applicant may conduct the first sale at no charge and the fee for each subsequent sale will be set forth in Chapter 133, Fees, of the City Code. At the time of submission of the application, the applicant must show proof of liability insurance coverage in the minimum amount of $350,000. Homeowner associations must have liability insurance coverage in the minimum amount of $500,000.
No person or homeowner association shall hold, on his or her residential property, more than four sales per calendar year with the first one being free. Each garage sale shall be restricted to three weekend days; Friday, Saturday and Sunday. A person or homeowner association may come to the City Clerk's office on the Thursday before the sale date to request a rain date. The rain date can be any other weekend.
No person or homeowner association shall hold a garage sale other than during the hours of 9:00 a.m. to 6:00 p.m.
The provisions of this chapter shall not apply to or affect the following:
Upon issuance of a garage sale permit, the City Clerk will issue a yard sign with the City Seal, the property address where sale is to be held and the permit number. The size of this sign shall be 14 1/2 inches in height and 23 inches long. In addition, the City Clerk will issue no more than 10 temporary smaller signs of no more than 12 square inches in area for placement off the premises. These smaller signs will have the City Seal and the location, days and time of the garage sale. All temporary signage must be taken down no later than 6:00 p.m. on the Monday following the sale date.
All persons and/or homeowners associations that do not display an authorized yard sign issued by the City Clerk's office will be subject to having the license inspected by the New Rochelle Police Department.
The violation of any provision of this chapter shall be declared to be an offense.
Any person, homeowner and/or homeowner association conducting a garage sale in violation of any provisions of this chapter will be issued a warning for the first offense. The second, third and fourth violations will be subject to a fine of $100. Each subsequent violation will be subject to a fine of $250.