[HISTORY: Adopted by the Clarkson Town Board 9-13-2005
by L.L. No. 1-2005. Amendments noted where applicable.]
The Town Board has determined that the unregulated sales of personal
property, through what are commonly known as "garage sales," "lawn sales"
or "rummage sales" or similar types of sales, result in the commercialization
of residential neighborhoods and result in parking and traffic problems as
well as introducing commercial activity into residential areas. The Town has
also determined that the complete prohibition of such sales would prevent
the residents of the Town of Clarkson from being able to sell surplus personal
property in a reasonable manner without an undue impact on the health, safety
and welfare of the community.
A.
When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
GARAGE SALE
PERSONAL PROPERTY
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
Includes all general sales, open to the public, conducted from or on a residential premises or in any residential zone, as defined in Chapter 140, Zoning, for the purpose of disposing of personal property or other property, including but not limited to, all sales entitled "garage, " "lawn, " "estate," "yard," "attic," "flea market" or "rummage sale." This definition shall not include a situation where no more than five specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which was purchased
for resale or obtained on consignment.
It shall be unlawful for any individual to sell or offer for sale, under
authority granted by this chapter, property other than personal property.
Notwithstanding the foregoing, members of more than one residence may join
together in a single sale held at one (1) of their residences.
A third garage sale shall be permitted in a calendar year if satisfactory
proof of a bona fide change of ownership of the real property is first presented
to the Code Enforcement Officer or Deputy Code Enforcement Officer.
Personal property offered for sale during a garage sale permitted by
the Code may be displayed in any yard. Personal property offered for sale,
but not constituting a garage sale as defined in the Code, must be displayed
within a residence, garage or carport or on a private driveway located in
the rear yard.
A.
Signs permitted. Only the following specified signs may
be displayed in relation to a pending garage sale:
(1)
Two signs permitted. Two signs of not more than six square
feet each are permitted to be displayed on the property of the residence where
the garage sale is being conducted.
(2)
Directional signs. Two signs of not more than six square
feet each are permitted on other premises, provided that written permission
to erect said signs is received from the property owners upon whose property
such signs are to be posted.
B.
Time limitations. No sign or other form of advertisement
shall be exhibited for more than two (2) days prior to the day such sale is
to commence.
C.
Removal of signs. Signs must be removed by the end of
the final day of the sale.
The owner or tenant of the premises on which such sale or activity is
conducted shall be responsible for the maintenance of good order and decorum
on the premises during all hours of such sale or activity. No such individual
shall permit any loud or boisterous conduct on said premises nor permit vehicles
to impede the passage of traffic on any roads or streets in the area of such
premises. All such individuals shall obey the reasonable orders of any member
of the Police or Fire Department of the Town in order to maintain the public
health, safety and welfare.
All parking of vehicles shall b+e conducted in compliance with all applicable
laws and ordinances. Further, the Monroe County Sheriff, New York State Police
and Code Enforcement Officer may enforce such temporary controls to alleviate
any special hazards and/or congestion created by any garage sale.
The provisions of this chapter shall not apply to or affect the following:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization, when the proceeds from
the sale are used directly for the institution's or organization's
charitable purposes and the goods or articles are not sold on a consignment
basis.
The person or persons to whom such permit is issued and the fee owner
and occupant of the premises on which the sale is conducted shall be jointly
and severally responsible for the maintenance of good order and decorum on
the premises during all hours of the sale. No such person or persons shall
permit any loud or boisterous conduct on said premises. All such persons shall
obey the orders of the Code Enforcement Officer and any other duly authorized
official or agency, in order to maintain the public health, safety and welfare.
It is not the intention of this chapter to change or amend Chapter 140, Zoning.
A.
Any person who violates the provisions of this chapter
shall be subject, upon conviction, to a penalty of not more than $250 or a
term of imprisonment not to exceed 15 day, or both.
B.
Every article sold and every day a sale is conducted
in violation of this chapter shall constitute a separate offense, and any
person allowing or permitting the continuation of the offense may be punished
as provided herein for each separate violation.
