[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 5-22-2000
by L.L. No. 3-2000. Amendments noted where applicable.]
This chapter is intended 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 in order to help maintain
the character of residential neighborhoods. The intent of this chapter 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 violate
the Town zoning regulations. The provisions of this chapter arise from the
need to limit and regulate garage and yard sales. It is not the intent of
this chapter to amend any other chapter of the Town Code.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale or offering for sale of new, used or secondhand items of personal
property at one or more residential premises at any one time.
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.
Any items, goods, warehouse merchandise or other personal property
capable of being the object of a garage sale.
Individuals, partnerships, family groups, voluntary associations
and corporations.
A.
It shall be unlawful for any person to conduct a garage sale within the Town of Blooming Grove without first obtaining a garage sale permit from the Town Clerk after filing an application containing the information specified in § 141-4.
B.
No person may participate in more than four garage sales
in any one calendar year.
C.
Not more than four garage sale permits shall be issued
to a person in any one calendar year. A permit shall be deemed issued to all
persons selling goods in the garage sale.
D.
Not more than four garage sale permits shall be issued
for any one premises in any one calendar year. A permit shall be deemed issued
to all premises used for the garage sale.
E.
No premises may be used and no person may participate
in a garage sale held on more than two consecutive weekends (or other two-day
period).
F.
The maximum duration of a garage sale is two consecutive
days.
G.
No goods shall be placed or stored outside except during
the permitted duration of the garage sale.
H.
A garage sale may be held during daylight hours only.
I.
The garage sale permit must be posted at a visible location
to the traveling public for the duration of the sale.
J.
Each permit application shall be accompanied by a fee
if and as may be set from time to time by resolution of the Town Board.
A.
Prior to issuance of any garage sale permit, the persons
conducting such sale shall file a written application form with the Town Clerk
at least five business days in advance of the proposed sale. The application
form shall require at least the following information:
(1)
Full name(s) and address(es) of the applicant(s).
(2)
The location of all premises where the garage sale will
be held.
(3)
The date(s) when the garage sale will be held.
(4)
The date(s) of any other garage sales held by any of
the same persons and premises within the current calendar year.
(5)
An affirmative statement that the property to be sold
is owned by the applicant(s) as the applicant(s)' own personal property
and was neither acquired nor consigned for the purposes of resale.
B.
The Town Board may by resolution require the inclusion
of additional information on the application form.
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 sale conducted by any lawful and legitimate business
or commercial or industrial establishment or any sale conducted by any other
vendor or dealer in a time, place and manner not otherwise prohibited by state
or local laws.
D.
Any public auction having a duration of no more than
two days and conducted by an auctioneer licensed by the State of New York.
A.
The persons to whom a garage sale permit is issued, the
persons participating in the sale, and the owner, tenant or occupant of the
premises where the sale is conducted shall be jointly and severally responsible
for the maintenance of good order and decorum on the premises during the hours
of the sale.
B.
No person shall permit any loud or boisterous conduct
on the premises or permit persons or vehicles to impede the passage of traffic
on any streets in the area of the premises where the sale is being conducted.
C.
In the event of an emergency, all persons shall obey
any orders made by the Building Inspector and by any police, fire or other
emergency service personnel.
All signs must be removed no later than one day after the sale.
A.
This chapter shall be enforced by the Building Inspector,
any police officer, and any other person so authorized by resolution of the
Town Board.
B.
Any person who or which violates any provision of this
chapter or any lawful order made pursuant to this chapter shall be subject
to the payment of a fine. Such persons include, but are not limited to, the
person(s) who applied for the garage sale permit, the owner and occupant of
the premises specified on the garage sale permit application form, and all
persons participating in and all premises used for the garage sale. For a
first violation, the amount of said fine shall not exceed $100, and for a
second and each subsequent violation, said fine shall not exceed $250 per
violation. Each day that a violation continues shall constitute a separate
and distinct violation.
C.
The enforcement officer may, in his discretion, issue
a warning notice for a first violation.
