[HISTORY: Adopted by the Town Board of the
Town of Brighton at time of adoption of Code 1-24-1996 by L.L. No.
1-1996; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
A.Â
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.Â
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 the Comprehensive Development Ordinance of the town,[1] 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
(5) 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.
[1]
Editor's Note: See Volume II of the Code of
the Town of Brighton.
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 (1) 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 Commissioner of Public
Works or designee.
[Amended 10-22-1997 by L.L. No. 7-1997]
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.Â
Signs permitted. Only the following specified signs
may be displayed in relation to a pending garage sale:
(1)Â
Two (2) signs permitted. Two (2) signs of not more
than six (6) square feet each are permitted to be displayed on the
property of the residence where the garage sale is being conducted.
(2)Â
Directional signs. Two (2) signs of not more than
six (6) 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.Â
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.Â
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.
A police officer, the Commissioner of Public
Works or designee or the Fire Marshal shall have the right of entry
to any premises showing evidence of a garage sale for the purpose
of enforcement or inspection and may close the premises from such
a sale or issue an appearance ticket or, in the case of a police officer,
arrest any individual who violates the provisions of this chapter.
All parking of vehicles shall be conducted in
compliance with all applicable laws and ordinances. Further, the Police
Department 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.Â
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.Â
Persons acting in accordance with their powers and
duties as public officials.
C.Â
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 Commissioner of Public Works may issue a
notice of violation to any person found to have violated this chapter.
Persons convicted of violating any provision of this chapter shall be subject to the penalties provided in Chapter 1, General Provisions. Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense.
