[HISTORY: Adopted by the Board of Trustees of the Village of Monroe 6-2-1977 by L.L. No. 5-1977 (Ch. 20 of the 1968 Code). Amendments noted where applicable.]
Zoning — See Ch. 200.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes all sales entitled "garage sale," "lawn sale," "attic 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 said sale.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations.
[Amended 7-6-1999 by L.L. No. 3-1999]
It shall be unlawful for any person to conduct a garage sale in the Village of Monroe without first filing with the Village Clerk the information hereinafter specified and obtaining from such Village Clerk a license to do so, to be known as a "garage sale license." The fee for such license shall be set, from time to time, by resolution of the Board of Trustees.
Editor's Note: The fee schedule is on file in the Village offices.
Such license shall be issued to two persons and two locations only twice within a twelve-month period, and no such license shall be issued for more than four consecutive calendar days. Charitable, religious and civic organizations may be allowed more than two licenses with the approval of the Village Board.
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
The information to be filed with the Village Clerk pursuant to this chapter shall be as follows:
The name of the person, firm, group, corporation, association or organization conducting said sale.
The name of the owner of the property on which said sale is to be conducted and the consent of the owner if the applicant is other than the owner.
The location at which sale is to be conducted.
The number of days of sale.
The date and nature of any past sale.
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
Garage sales may be advertised through the newspaper or other news media. A sign not greater in size than 20 inches by 14 inches may be installed on the property where the sale is being conducted.
No sign shall be placed on the public right-of-way or on property other than where the sale is being conducted. No lighted signs shall be used.
The sign shall be displayed only during the sale and shall be removed within 48 hours after completion of the sale. Only signs supplied by the village may be used. The fee for said sign shall be the cost of the sign to the village, which fee is payable to the Clerk.
The provisions of this chapter shall not apply to or affect the following persons or sales:
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 five in number.
Any publisher of a newspaper magazine or other publication or other communication media who publishes or broadcasts the advertisement 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 merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the zoning regulations of the Village of Monroe or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which the sale would be conducted from properly zoned premises and not otherwise prohibited by law.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be on the organization or institution claiming such exemption.
This chapter shall be enforced by the Police Department. It shall be the duty of the Police Department to investigate any violation of this chapter coming to its attention, whether by complaint or arising from its own personal knowledge and if a violation is found to exist, it shall prosecute a complaint before the Village Justice pursuant to the provisions of this chapter.
The person to whom such license is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all 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 traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable orders of any member of the Police Department or Fire Department of the Village of Monroe in order to maintain the public health, safety and welfare.
[Amended 7-6-1999 by L.L. No. 3-1999]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article II, General Penalty, § 1-14. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
It is not the intent of this chapter to change or amend the sign ordinances of the Village.