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Village of Angola, NY
Erie County
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Minutes (70)
[HISTORY: Adopted by the Board of Trustees of the Village of Angola by L.L. No. 1-1977 (Ch. 15 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless the context and subject matter otherwise require:
CLOSE RELATIVES
The mother, father, child, aunt, uncle or first cousin of the permittee.
GARAGE SALE, PORCH SALE or YARD SALE
The sale on residential premises of personal property, including but not limited to furniture, appliances, furnishings, clothing, bric-a-brac, antiques, toys, tools and similar items used about the household or person, other than by auction or the sale of the entire contents of the household.
NEIGHBOR
Any person residing within 1,000 feet of the place of sale.
No person shall conduct a garage sale, porch sale, yard sale or other similar type of sale in any residential district of the Village without first obtaining a permit therefor from the Village Clerk.
A. 
Fees. No fee shall be paid at the time of application to the Village Clerk, as prescribed by resolution of the Village Board.
B. 
Term. A garage sale permit shall be valid for not more than three consecutive days in any calendar year and is not renewable during the calendar year. [1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any person desiring to procure a permit as herewith provided shall file with the Village Clerk a written application, upon a form furnished by the Village Clerk. Such application shall give an affidavit including:
A. 
The name, address and age of the applicant.
B. 
The address for the garage sale and where the sale is to take place.
C. 
The date on which the garage sale is to be conducted.
D. 
The last date on which the garage sale is to be conducted on the premises.
E. 
Any general information as may be required by the Village Clerk to determine the veracity or to clarify any of the prior statements required in this section.
Upon the filing of an application as provided in § 182-4, the Village Clerk shall issue to the applicant a permit as provided in § 182-2 hereof. A permit may be refused if the applicant shall have been convicted of a misdemeanor or felony involving moral turpitude which renders the applicant unfit or undesirable to carry out and to conduct a garage sale. The Village Clerk may also refuse a permit to any person who, in his judgment, shall be an undesirable person or incapable of properly conducting such a garage sale. Any applicant who has been refused a permit by the Village Clerk may apply to the Village Board therefor. The request may be granted or refused by the Village Board.
A. 
Use. A permit shall not be used by any other person; and any person that uses a permit granted to any other person shall each be guilty of a violation of this chapter.
B. 
Contents. A copy of all permits shall be filed in the Village Clerk's office and shall state clearly the kind of vehicle, if any, to be used and the kind of goods, wares or merchandise to be sold or service to be rendered, the dates of issuance and expiration of the permit, the fee paid and the name and address of the permittee.
C. 
Display. Every permit shall be displayed clearly at the place of sale during the conduct of such garage sale.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
Any permit may be suspended by any police officer where there are reasonable grounds to believe that a violation of law or of this Municipal Code has taken place or is about to take place in the conduct of the sale until a hearing can be held before the Village Board. A permit may be revoked by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Sign. Only one sign advertising the garage sale shall be permitted, and it shall be posted on the premises where the sale is conducted. The size of the sign must conform to the Village regulations, and it shall not be posted earlier than one week before the sale commences, and it must be removed immediately after the sale ends.
B. 
Ownership of merchandise. Merchandise offered for sale may only be that of the permittee, or which a member of his or her household has owned, for a period of not less than six months. However, merchandise owned by a neighbor or close relative may also be offered for sale if owned by such person for the same period of time. Any merchandise offered for sale which is not owned by the permittee shall be tagged with the owner's name and address.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Consigned merchandise. Other than as provided in Subsection B herein, no merchandise can be sold on consignment.
[1]
Editor's Note: Former § 182-7, Enforcement Officer, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A violation of any provision of this chapter is hereby declared to be a violation and shall be punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both.