[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 7-11-2006 by Ord. No. 1-2006 (Ch. 19 of the 1971
Code). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Garage Sales Law."
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
The sale on residential premises of five or more items, including,
but not limited to, furniture, appliances, furnishings, clothing,
bric-a-brac, antiques, toys, tools and similar items used about a
household or person, other than by auction or the sale of the entire
contents of a household.
An individual article or complete unit.
Includes all occupants residing in the same dwelling.
It shall be unlawful to bring onto or into any
premises for the purpose of the sale any time which has not been customarily
located at or used in connection with the residence where the sale
is to take place or at the residence of an applicant who is not the
owner of the residence where the sale is to take place.[1]
[Amended 11-14-2022 by L.L. No. 10-2022[1]
A garage sale may occur on no more than three
consecutive days. No sale shall be conducted prior to 7:00 a.m. or
after 3:00 p.m.
[Amended 11-14-2022 by L.L. No. 10-2022]
No more than four signs, none of which shall
exceed four square feet, shall be permitted to advertise any one sale.
Unless the sign is to be located at the residence where the sale is
to be conducted, it must contain the address where the sale is to
be conducted and the date or dates by month and date. Signs must contain
the contact phone number of the property owner. All signs must be
properly secured so as to prevent a hazard to traffic and pedestrians.
No fluorescent signs, signs with lights or flash or movement or appearance
of movement shall be permitted. If the sign or signs are to be placed
at a location other than the residence where the sale is to be conducted,
it shall be the responsibility of the property owner to obtain the
permission or consent of the owner of the location where the signs
are placed. No such signs shall be erected for advertisement more
than 24 hours prior to the commencement of the sale, and all such
signs must be removed from display within eight hours of the completion
of the sale.
This chapter shall not apply to:
A.
A person selling personal property pursuant to an
order or process of a court of competent jurisdiction or to any other
public official acting pursuant to and within the scope of his authority.
B.
Any person advertising, in a publication of general
circulation, the sale of tangible personal property not displayed
to the public.
C.
Any sale of personal property authorized or licensed
pursuant to any state statute or any other local law, ordinance, rule
or regulation.
A.
The licensee for a garage or similar sale shall be
responsible for the maintenance of good order and decorum on the premises
during the hours of the sale and shall not permit the parking of motor
vehicles on or about the public streets, or infringe upon adjoining
neighbor's property, driveways, rights-of-way, mail delivery space
or refuse collection, or impede the flow of vehicular traffic, or
obstruct or impede pedestrian traffic on the sidewalks or walkways
of the Town.
B.
The property owner shall be responsible for removing
the sale items from public view on the property or adjoining properties
within 24 hours of the end of the sale.
[Amended 5-11-2010 by L.L. No. 7-2010; 11-14-2022 by L.L. No. 10-2022]
C.
The property owner shall not permit any loud or boisterous
conduct on the premises.
[Amended 11-14-2022 by L.L. No. 10-2022]
D.
No goods shall be placed outside or stored outside
except during the permitted duration of the sale.
It is not the purpose of or intent of this chapter to change or otherwise amend Chapter 310, Zoning.
A.
A violation of this chapter shall be punishable by
a fine not exceeding $250 or by imprisonment not exceeding 15 days
in the county jail, or both, and each day a violation of the chapter
continues shall constitute a separate offense. In addition to the
fine or penalty hereinafter provided, any condition caused or permitted
to exist in violation of any of the provisions of this chapter shall
be deemed a public nuisance.
B.
Obedience to the provisions hereinbefore set forth
may be enforced by a criminal information for the penalty herein described,
as well as by civil action at law or equity by means of an injunction
or otherwise to abate or prevent a violation of the provisions of
this chapter. The imposition of penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil actions to enjoin or abate
a violation shall be cumulative.
