[HISTORY: Adopted by the Board of Trustees of the Village of Garden
City 9-6-1979 as L.L. No. 3-1979. Amendments
noted where applicable.]
For the purposes of this chapter, the following phrases, words and their
derivations shall be defined as follows:
Includes all sales open to the public, conducted from or on a residential
premises in any residential zone, as defined in Village Zoning Ordinance No.
29,[1] for the purpose of disposing of personal property, including but
not limited to all sales entitled "garage," "lawn," "tag," "yard," "barn,"
"attic," "porch," "room," "backyard," "patio," "flea market" or "rummage"
sale, or any similar casual sale of personal property.
Includes any individual, association, company, firm, corporation,
partnership, society or any other organization.
Includes all personal property, goods or merchandise which is owned,
utilized and maintained in and about a residence, appurtenant structures and
the exterior thereof, such as, but not limited to, clothing, furniture, furnishings,
rugs, lamps, dishes, paintings, antiques, tapestries, silverware, silver service,
cookware, decorative items, toys, games, books, magazines and any other property
capable of being the object of a sale regulated hereunder.
A.
It shall be unlawful for any person or persons to conduct
a garage sale in the Village of Garden City without first filing with the
Village Clerk the information hereinafter specified and obtaining from the
Village Clerk a permit to do so, to be known as a "garage sale permit." For
the purpose of this chapter, any person or persons participating in or contributing
or offering property for sale at a garage sale shall be deemed to be conducting
such sale.
B.
It shall be unlawful for any person to participate in
a garage sale in the Village of Garden City which has not been licensed as
set forth in this chapter.
C.
The fee for such permit shall be in such amount as determined
from time to time by resolution of the Board of Trustees.
[Amended 3-7-1996 by L.L. No. 1-1996]
Prior to the issuance of any garage sale permit, the person or persons
conducting such sale shall file a written statement with the Village Clerk
at least five business days in advance of the proposed sale, setting forth
the following information:
A.
The names of the person or persons conducting the sale.
B.
The name of the fee owner of the real property on which
the sale is to be conducted and the written consent of the fee owner if such
fee owner is not one of the persons conducting the sale.
C.
The location at which the sale is to be conducted.
D.
The date or dates upon which the sale shall be conducted.
E.
The date and nature of any similar sale conducted within
the past two years, by the person or persons conducting the sale, any other
occupant of their residences or any other occupant of the residence at which
the sale is to be conducted.
F.
An affirmative statement signed by each person conducting
the sale that the property to be sold is owned by the person or persons conducting
the sale as their own personal property and utilized and maintained in and
about such persons' residences, appurtenant structures or exteriors thereof
and was neither acquired nor consigned by others for the purpose of resale.
All permits issued by the Village Clerk shall be subject to the following
conditions:
A.
No more than one permit shall be issued to any one person
for any one location during a twelve-month period. If more than one person
joins in conducting a sale, a permit previously issued shall be deemed as
having been issued to each such person and all occupants of their residences.
B.
All garage sales shall be limited to no more than three
consecutive days.
C.
All garage sales shall be conducted only between the
hours of 9:00 a.m. and 6:00 p.m., except that no sales shall be conducted
on Sundays and legal holidays as defined in § 24 of the New York
State General Construction Law.
D.
The property and contents of a residence which are offered
for sale shall be displayed wholly within the interior of the residence where
the sale is to take place or to the rear of the front building line of such
residence. No property offered for sale at a garage sale shall be displayed
in the front or side yard areas of any premises or in the public right-of-way.
E.
The garage sale permit shall be posted on the premises
in a conspicuous place so as to be seen by the public.
A.
If, because of inclement weather conditions, a garage
sale is not held on the dates for which the permit is issued or is terminated
during the first day of the sale and an affidavit by the permit holder to
this effect is submitted, the Village Clerk may issue another permit for a
garage sale to be conducted at the same location as previously approved, such
sale to be conducted within 30 days from the date when the first sale was
to be held, without payment of an additional permit fee.
B.
A second garage sale may be permitted in a twelve-month
period at a location by a new property owner, provided that satisfactory proof
of a bona fide change in ownership of the real property is first presented
to the Village Clerk and all the other conditions of this chapter are complied
with.
C.
A second garage sale may be permitted in a twelve-month
period at a location by a property owner about to sell his premises, provided
that satisfactory proof is first presented to the Village Clerk evidencing
an intent to close title within 30 days subsequent to such sale and all the
other conditions of this chapter are complied with.
A.
Garage sales may be advertised through the newspaper
or other news media.
B.
One sign not greater in size than two by two (2 x 2)
feet may be installed on the property where the sale is being conducted for
no more than 24 hours prior to the commencement of the sale.
C.
No sign shall be placed on the public right-of-way or
on property other than where the sale is being conducted.
D.
No lighted signs shall be used.
E.
The sign shall be removed within 24 hours after completion
of the sale.
A.
The provisions of this chapter shall not apply to or
affect the following:
(1)
Persons selling property pursuant to an order of process
of a court of competent jurisdiction.
(2)
Persons acting in accordance with their powers and duties
as public officials.
(3)
Persons 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.
(4)
Publishers of newspapers, magazines or other publications
or other communication media who publish or broadcast information pertaining
to such sales 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.
(5)
Sales conducted by merchants or mercantile or other business
establishments from or at a place of business wherein such sale would be permitted
by the zoning regulations of the Village of Garden City or under the protection
of the nonconforming use section thereof, or other sales conducted by a manufacturer,
dealer or vendor and which sale would be conducted from properly zoned premises
and not otherwise prohibited.
B.
The provisions of Subsection C of § 114-2 and Subsection A of § 114-4 of this chapter shall not apply to or affect the following:
(1)
Sales conducted by bona fide charitable eleemosynary,
educational, cultural or governmental institutions or organizations when the
proceeds from the sale are used directly for the institution's or organization's
charitable purposes and the property is not sold on a consignment basis; provided,
however, that the burden of establishing the exemption under this subsection
shall be on the institution or organization claiming such exemption.
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 Village of Garden City Police Department, Fire Department,
Superintendent of the Building Department 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 Village Zoning
Ordinance No. 29.[1]
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.[1]
