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:
GARAGE SALES
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.
GOODS
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
PERSON
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.
An application for a garage sale license permit pursuant to this chapter
shall include the following information:
A. The name of the person, persons, firm, group, corporation,
association or organization conducting the sale.
B. The name of the owner and the occupant or tenant of the
property on which the sale is to be conducted.
C. The consent of the owner and/or occupant to hold the
sale if the applicant is other than owner or occupant.
D. The location, street address, etc., of the premises where
the sale is to be conducted.
E. The number of days of the sale, limited to three consecutive
days and the date or dates of such sale.
F. The date and nature of any past sales held by the same
applicant or on the same premises in the last twelve-month period.
G. The relationship or connection the applicant may have
with any person, etc., conducting such sale.
H. Whether or not the applicant has been issued any vendor's
license to hold such sale by any local, state or federal agency.
I. 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.
J. 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.
This chapter shall not be applicable to:
A. Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B. Persons acting in accordance with their powers and duties
as public officials.
C. 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.
D. 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.
E. 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.
F. 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.
[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.