Village of South Glens Falls, NY Chapter 80 Garage and Yard Sales

[HISTORY: Adopted by the Board of Trustees of the Village of South Glens Falls 12-20-2006 by L.L. No. 3-2006. Amendments noted where applicable.]

§ 80-1 Title.

This chapter shall be known and cited as "Garage and Yard Sales."

§ 80-2 Purpose.

Provisions herein are designed to control and restrict garage and yard sales in order to protect the public health, safety and convenience, and to restrict such sales to casual and/or occasional occurrences only, in keeping with the character of the neighborhood where this activity is carried on in compliance with Chapter 153, Zoning, and the Code of the Village of South Glens Falls. The intent of this chapter is to eliminate the perpetual, prolonged and extended garage and yard sales within the municipality. Such sales, if continued indefinitely, tend to become permanent retail businesses of a casual nature which often create a nuisance and tend to violate the zoning regulations of the Village of South Glens Falls. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage and yard sales.

§ 80-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARAGE AND YARD SALE

A. The sale or offering for sale of new, used or secondhand items of personal property at any one residential premises at any one time.

B. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.

GOODS

Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.

MUNICIPALITY

All residential dwellings located within any type of zone, zoned area, or zoning district, whether or not said areas or zones are residential, business, commercial or otherwise, within the geographic boundaries of the Village of South Glens Falls.

PERSON

Individuals, partnerships, family groups, voluntary associations and corporations.

§ 80-4 Conditions for sales.

A. Prior to undertaking a garage or yard sale in the Village of South Glens Falls, such person or persons intending to do so shall apply for a permit to be issued from the Village Clerk/Treasurer (No Fee). No garage or yard sale shall be lawfully conducted without the prior issuance of said permit.

B. Not more than three garage or yard sales shall be permitted by any one person, property or resident in any one calendar year.

C. It shall be unlawful to conduct any garage sale or yard sale with a duration exceeding three consecutive days.

§ 80-5 Exemptions.

This chapter shall not be applicable to:

A. Persons selling goods pursuant to an order of process or of a court of competent jurisdiction.

B. Persons acting in accordance with their powers and duties as public officials.

C. Any persons selling or advertising for sale an item or items of personal property which is specifically named or described in a newspaper, radio or television advertisement.

D. Any publisher of a newspaper, magazine, or other publication or other communications media that publishes or broadcasts anything in good faith without knowledge of its false, deceptive or misleading character, or without knowledge that the provisions of this chapter have not been met.

E. Sales by a bona fide charitable, eleemosynary, educational, cultural or governmental institution, civic group, service club, religious or fraternal society, or other tax-exempt organization; provided, however, that the burden of proof to establish the exemption under this subsection shall be on the organization or institution claiming such exemption.

F. Any public auction conducted by an auctioneer and having a duration of no more than two days.

§ 80-6 Enforcement; complaints.

A. This chapter shall be enforced by the Code Enforcement Officer or his agent, whose duties shall include authority to investigate and prosecute any violation of this chapter.

B. Upon investigation, should a violation be found to exist, the Code Enforcement Officer or his agent shall prosecute any complaint pursuant to the provisions of this chapter.

§ 80-7 Conduct.

The persons conducting any garage sale and/or yard sale, and the owner, tenant or occupant of the same premises where the sale or activity is conducted, shall be jointly or severally responsible for the maintenance of good order and decorum on the premises during the hours of such sale or activity.

A. No such person shall permit any loud or boisterous conduct on such premises or permit vehicles to impede the passage of the traffic on any roads or streets in the area of the premises where the sale is being conducted.

B. In the event of an emergency, all such persons shall obey reasonable orders from any member of the Police Department or the Fire Department in order to maintain the public health, safety and convenience.

§ 80-8 Penalties for offenses.

Any person as herein defined who violates any provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 plus costs of prosecution for a first offense; $250 plus costs of prosecution for a second offense; and $500 plus costs of prosecution for any third or subsequent offense. Each day that any violation of this chapter continues shall constitute a separate offense.