[HISTORY: Adopted by the Town Board of the Town of Wappinger 8-5-2002
by L.L. No. 12-2002. Amendments noted where applicable.]
This chapter shall be entitled "Garage and Yard Sales."
The legislative intent and purpose of this chapter is to adopt a new
chapter in the Town of Wappinger Code to establish the conditions pursuant
to which residents may conduct occasional garage and/or yard sales at their
premises within the Town. It has come to the attention of the Town Board that
a number of residents are having frequent and/or repeated garage and yard
sales at their homes, in effect turning their residential premises into a
site where retail business is conducted in a residential area. The Town Board
has determined that in order to protect the public health, safety, general
welfare and convenience of the residents of the Town of Wappinger, it has
become necessary to restrict such garage and yard sales to casual and/or occasional
occurrences in order to help maintain the nonbusiness residential character
of residential neighborhoods. The intent of this chapter is to eliminate repeated,
perpetual, prolonged and extended garage and yard sales in residential zoning
districts. Such sales, if continued without limitation, tend to have the effect
of establishing retail businesses in residential areas, creating a public
nuisance and altering and compromising the residential character of residential
neighborhoods and otherwise violating the spirit and intent of the Town Master
Plan and the Town Zoning Code.[1] The provisions of this chapter arise from the need to adopt regulations
controlling the frequency, number and extent of garage and yard sales in residential
neighborhoods. It is not the intent of this chapter to amend any other chapter
of the Town Code.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale or offering for sale of new, used or secondhand items of
personal property at one or more residential premises at any one time, including
all sales in residential areas entitled "garage sale," "yard sale," "tag sale,"
"porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale,"
"flea market sale" or any similar casual sale of tangible personal property.
Items, goods, merchandise, clothing, furniture or other tangible
property which is owned, utilized and/or maintained by an individual or members
of his/her residence and acquired by such individuals 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.
Individuals, partnerships, family groups, voluntary associations
and corporations.
A.
It shall be unlawful for any person to conduct a garage sale within the Town of Wappinger without first obtaining a garage sale permit from the Town Clerk after filing an application containing the information specified in § 143-5.
B.
It shall be unlawful for any individual to sell or offer
for sale, under authority granted by this chapter, property other than personal
property as defined herein. Notwithstanding the foregoing, members of more
than one residence may join together in single sale held at one of their residences.
C.
No person may participate in more than four garage sales
in any one calendar year.
D.
Not more than four garage sale permits shall be issued
to any one person in any one calendar year.
E.
Not more than four garage sale permits shall be issued
for any one premises in any one calendar year; a permit shall be deemed issued
to all premises used for the garage sale.
F.
No premises may be used and no person may participate
in a garage sale held on more than two consecutive weekends (or other two-day
period).
G.
The maximum duration of a garage sale is three consecutive
days.
H.
No personal property or goods to be sold at the yard
or garage sale shall be placed or stored outside except during the permitted
duration of the garage sale.
I.
A garage sale may be held during daylight hours only.
J.
The garage sale permit must be posted at a visible location
to the traveling public for the duration of the sale.
K.
Each permit application shall be accompanied by a fee as set forth in Chapter 122, Article IV, § 122-16G(1) of the Code.
[Amended 3-8-2004 by L.L. No. 4-2004]
A.
Prior to issuance of any garage sale permit, the persons
conducting such sale shall file a written application form with the Town Clerk
at least five business days in advance of the proposed sale. The application
form shall require at least the following information:
(1)
Full name(s) and address(es) of the applicant(s);
(2)
The location of the premises where the garage sale will
be held;
(3)
The location of all premises where garage sales have
been held by any of the same persons and premises within the current calendar
year;
(4)
The date(s) of any other garage sales held by any of
the same applicants and premises within the current calendar year;
(5)
An affirmative statement that the personal property to
be sold is owned by applicant(s) as the applicant(s)' own personal property
and was neither acquired nor consigned for the purposes of resale.
B.
The Town Board may by resolution require the inclusion
of additional information on the application form as may be necessary to effectuate
the purposes of this chapter.
This chapter shall not be applicable to:
A.
Persons selling goods pursuant to an order of process
or pursuant to an order of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
Any sale conducted by any lawful and legitimate business
or commercial or industrial establishment or any sale conducted by any other
vendor or dealer in a time, place and manner not otherwise prohibited by state
or local laws.
D.
Any public auction having a duration of no more than
two days and conducted by an auctioneer licensed by the State of New York.
A.
The persons to whom a garage sale permit is issued, the
persons participating in the sale, and the owner, tenant or occupant of the
premises where the sale is conducted shall be jointly and severally responsible
for the maintenance of good order and decorum on the premises during the hours
of the sale.
B.
No person shall permit any loud or boisterous conduct
on the premises or permit persons or vehicles to impede the passage of traffic
on any streets in the area of the premises where the sale is being conducted.
C.
In the event of an emergency, all persons to whom a permit
has been issued shall obey any orders made by the Zoning Administrator, or
by any police, fire or other emergency service personnel.
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 days prior to the day such sale is to
commence.
C.
Removal of signs. All signs must be removed by the end
of the final day of the sale.
All parking of vehicles shall be conducted in compliance with all applicable
laws, codes and ordinances. Further, the Dutchess County Sheriff or his duly
appointed deputies or the New York State Police may enforce such temporary
controls to alleviate any special hazards and/or congestion created by any
garage sales.
A.
This chapter shall be enforced by the Zoning Administrator,
the Deputy Zoning Administrator, the Building Inspector, the Deputy Building
Inspector, the Fire Inspector, the Deputy Fire Inspector, and any police agency
having jurisdiction within the Town of Wappinger or any other persons who
are authorized by resolution of the Town Board.
[Amended 8-18-2003 by L.L. No. 10-2003]
B.
Any person who or which violates any provision of this chapter or any lawful order made pursuant to this chapter shall be subject to the payment of a fine. Such persons shall include, but not be limited to, the person(s) who applied for the garage sale permit, the owner and occupant of the premises specified on the garage sale permit application form, and all persons participating in and all premises used for the garage sale. The amount of said fine shall be as set forth in Chapter 122, Article V, § 122-20Q of the Code. Each day that the violation continues shall constitute a separate and distinct violation.
[Amended 3-22-2004 by L.L. No. 5-2004]
C.
The enforcement officer may, in his/her
discretion, issue a warning notice for a first violation.
