[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 8-14-2000 by L.L. No. 10-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 148.
The Board of Trustees finds that a number of residential properties
in the Village of Hudson Falls have operated perpetual garage or yard sales
on such properties, which constitute public nuisances in that such use of
property substantially and seriously interferes with the interest of the public
in the quality of life and total community environment. Specifically, the
continuous activity and patterns of behavior engaged in by Village residents
operating such sales on residential, properties along public streets has threatened
the quality of life for the residents of the Village and the visitors thereto.
The Board of Trustees further finds that such perpetual sales along public
streets has had, and will continue to have, a detrimental impact on the property
values and commerce in the surrounding neighborhoods. The deterioration of
the properties from which said garage or yard sales operate threatens the
public health, safety, peace, comfort, conveniences and general welfare of
the community. It is, therefore, the purpose of this chapter to authorize
the Village to regulate the operation of such sales by imposing limitations
on the frequency of such activity. The sanctions and penalties provided herewith
are reasonable and necessary in order to protect the health and safety of
the residents of the Village and to promote the general welfare of the community.
The following words and terms shall have the respective meanings as
defined herein when used in this chapter, namely:
The sale of personal property which may or may not be advertised
as such by newspaper, flyer, sign or other media, from private residential
property, usually operating in and/or around a garage or carport, the open,
outdoor area of the property, in and/or around a porch or under a tent or
covering of some sort. Such sale is also commonly known as a "lawn sale,"
"tag sale," "porch sale" or "tent sale."
Any building or structure which is wholly or partly used or intended
to be used as a dwelling, living space and/or housekeeping facilities. For
purposes of this chapter, each unit within a multifamily dwelling shall constitute
a separate residence.
A.
It shall be unlawful for any person, including an owner,
landlord and tenant, of any property to operate, undertake or engage in a
garage or yard sale from any residential or other property within the Village
of Hudson Falls in excess of three consecutive days.
B.
It shall be unlawful for any person, including an owner,
landlord and tenant, of any property to operate undertake or engage in a garage
or yard sale from any residential or other property within the Village of
Hudson Falls in excess of two times per calendar year.
[Amended 10-12-2004 by L.L. No. 6-2004]
Any residence within the Village of Hudson Falls that violates any provision
of this chapter will be subject to a fine not exceeding $250 or imprisonment
for a period not exceeding 15 days, or both, for conviction of a first offense;
for conviction of a second offense, both of which were committed within a
period of three years, punishable by a fine of not less than $250 nor more
than $500 or imprisonment for a period not to exceed 30 days, or both; and
upon conviction for a third offense or subsequent offense, all of which were
committed within a period of five years, punishable by a fine of not less
than $500 nor more than $750 or imprisonment for a period not to exceed 60
days, or both. Each day during which such violation occurs constitutes a separate
offense and, therefore, an additional fine.
This chapter shall take effect upon filing with the Secretary of State's
office.
