[HISTORY: Adopted by the Town Board of the Town of Rotterdam 11-16-1977 by L.L. No. 13-1977. Amendments noted where applicable.]
This chapter shall be known as the "Law Regulating and Restricting Garage Sales."
Such rules and regulations as set up in this chapter are designed to control and restrict garage 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 and with the Zoning Laws of the Town of Rotterdam, New York. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales if carried indefinitely tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Town of Rotterdam. The provisions of this chapter arise from the need to limit, regulate, restrict and control garage sales.
As used in this chapter, the following terms shall have the meanings indicated:
- A. The sale or offering for sale of 10 or more 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 sales," "yard sales," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, family groups, voluntary associations and corporations.
- TOWN OF ROTTERDAM
- Includes all residential dwellings located within any type of zone, zoned areas, zoning districts, whether or not said areas or zones are residential, business or otherwise, within the geographic boundaries of the Town of Rotterdam.
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Town of Rotterdam without first obtaining a garage sale license from the Rotterdam Town Clerk after filing an application containing the information hereinafter specified.
The fee for such license shall be as set forth in Ch. 126, Fees.
[Amended 1-25-1989 by L.L. No. 1-1989]
Such license shall be issued to one person or for one specific premises or location only once within a two-week period. No more than two licenses for garage sales shall be issued for the same premises or to the same person in any twelve-month period.
No license shall be issued for a garage sale for longer than three consecutive days.
Each license issued under this chapter must be prominently displayed on the garage sale premises throughout the entire period of the licensed sale.
In case of inclement weather whereby a scheduled garage sale cannot be held, another license shall be issued by the Town Clerk to the one person or the one specific premises at no additional cost and under the same rules and regulations as the original license. It shall be the responsibility of the person obtaining the original license to request from the Town Clerk an additional license due to inclement weather.
In the case of Town residents who sell their homes or are in the process of selling their homes, extensions for garage sales will be granted upon application to the Town Clerk and subject to approval of the Building Inspector/Code Enforcement Officer for the Town of Rotterdam. In general, an extension for garage sales for a period not to exceed one month will be granted.
An application for a garage sale license permit pursuant to this chapter shall include the following information:
The name of the person, persons, firm, group, corporation, association or organization conducting the sale.
The name of the owner and the occupant or tenant of the property on which the sale is to be conducted.
The consent of the owner and/or occupant to hold the sale if the applicant is other than owner or occupant.
The location, street address, etc., of the premises where the sale is to be conducted.
The number of days of the sale, limited to three consecutive days and the date or dates of such sale.
The date and nature of any past sales held by the same applicant or on the same premises in the last twelve-month period.
The relationship or connection the applicant may have with any person, etc., conducting such sale.
Whether or not the applicant has been issued any vendor's license to hold such sale by any local, state or federal agency.
Whether adequate off-street parking would be available if the premises of the sale is located on a county or state highway or congested Town street.
The application shall contain an affirmation or sworn statement by the applicant or person securing the application that the information given is full and complete and known by the applicant to be so.
All garage sales held pursuant to these provisions shall be conducted between the hours of 9:00 a.m. and 6:00 p.m., only on the day or days for which the license was issued.
Garage sales may be advertised through the newspapers or other media.
A sign no longer in size than two feet by two feet may be installed on the property where the sale is being conducted. The sign shall be displayed only during the sale and shall be removed within 24 hours after the sale is concluded.
No sign or other display advertising the sale shall be placed on the public right-of-way or on private property other than where the sale is conducted. No lighted or illuminated signs shall be used.
This chapter shall not be applicable to:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed nine in number. Notwithstanding any provisions of this chapter, any person may sell up to nine secondhand articles without being subject to the provisions of this chapter.
Any publisher of a newspaper, magazine or other publication or other communications media who 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 complied with.
Any sale conducted by any legitimate business or commercial or industrial establishment, properly zoned under the zoning regulations of the Town of Rotterdam and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of the zoning laws, or by any other vendor, dealer, etc., when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws and ordinances of the Town of Rotterdam and State of New York or this chapter.
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 of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
It shall be the duty of the Building Inspector/Code Enforcement Officer to investigate any violation of this chapter coming to his attention, whether by complaint or arising from his own personal knowledge.
If, after investigation, a violation is found to exist, the Building Inspector/Code Enforcement Officer shall prosecute a complaint before a Town Justice of the Town of Rotterdam, pursuant to the provisions of this chapter.
It shall be the duty of the Rotterdam Police Department to bring to the Building Inspector/Code Enforcement Officer's attention for further investigation any alleged violations which the Police Department becomes aware of during the course of its normal duties.
The person to whom the garage sale license was issued and the person conducting the sale and the owner, tenant or occupant of the 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.
No such person shall permit any loud or boisterous conduct on said 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.
All such persons shall obey reasonable orders from any member of the Rotterdam Police Department or the appropriate voluntary fire department, in or to maintain the public health, safety and convenience.
[Amended 3-12-1986 by L.L. No. 4-1986]
Any person, firm, association, corporation or other entity conducting any such sale or similar activity without being properly licensed therefor, or who shall violate or fail to comply with any provisions adopted pursuant to this chapter or any other rules, terms, regulations or provisions adopted pursuant to this chapter shall be deemed to be in violation and the violator(s) shall be liable for a fine not to exceed $250 and to imprisonment for a term not to exceed 15 days, or both, and each day that such sale or violation continues without being duly licensed shall be considered and shall constitute a separate violation.
It is not the intention of this chapter to change or amend the zoning laws, hawking and peddling laws and/or any other laws or ordinances of the Town of Rotterdam.