[HISTORY: Adopted by the Village Council
of the Village of New Haven 12-8-1981 by Ord. No. 183. Amendments noted where
applicable.]
GENERAL REFERENCES
Handbills — See Ch. 288.
The following words and phrases shall have the
following meanings with respect to this chapter, unless the context
otherwise dictates or requires:
Includes all sales commonly known as or referred to as "garage
sale," "rummage sale," "flea market sale" or any other similar casual
sale of tangible personal property, not otherwise regulated by Village
ordinances of New Haven, and which is advertised by any means whereby
the public at large is or can be aware of such sale.
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes any individual co-partnership, corporation, association,
joint venture and any other group or combination acting as a unit
and the individuals constituting such group or unit.
No person shall conduct or cause to be conducted a garage sale as herein defined in the Village of New Haven without first filing with the Village Clerk a written application, as hereinafter provided, on forms prescribed by the Clerk, and further without first obtaining from said Clerk a permit to conduct or cause to be conducted such a garage sale as defined in § 277-1.
A.
Applications for a garage sale permit shall be filed
with the Village Clerk on forms prescribed by said Clerk.
(1)
Said written applications shall contain the following
information:
(a)
Name and address of the person, firm, group,
corporation, association or organization conducting said garage sale.
(b)
The location at which said sale is to be conducted
and the date and nature of any prior sales conducted at the same location
within the preceding twelve-month period.
(c)
The dates on which the garage sale is to be
conducted within the time limitations hereinafter prescribed.
(d)
A general description of the items or goods
proposed to be sold at said garage sale.
(e)
The date, nature and location of any past garage
sale conducted by the applicant in the Village of New Haven within
the preceding twelve-month period at a location other than the proposed
location for which a permit is requested or at said same location.
(2)
Said written application shall be signed by the applicant
therein stating that the information contained in said application
is truthful to the best of the applicant's information, knowledge
and belief.
B.
A permit fee in the amount of $5 shall be paid to
the Village Clerk at the time of filing the application for a garage
sale permit, except that the permit fee of $5 shall not be charged
on a permit issued to any one individual for a permit which is the
first to occur within a twelve-month period at the location described
in the permit.
C.
A garage sale as defined in this chapter shall not
be conducted for any period of time in excess of three consecutive
calendar days.
D.
No garage sale permit as herein provided shall be
granted and issued to any one person more than three times within
any twelve-month period, and no such garage sale permit shall be issued
authorizing any such garage sale to be conducted for a period longer
than three consecutive calendar days.
E.
The garage sale permit authorizing such garage sale
shall be displayed in the front window of the building on the property
or other prominent place on said property, clearly visible from the
street, at each location where a garage sale is being conducted, and
said display of such garage sale permit shall be throughout the entire
period of such garage sale.
The provisions of this chapter shall not apply
to or affect the following person or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
Any person selling or advertising for sale an item
or items of personal property which are specifically named or described
in an advertisement and which separate items do not exceed five in
number.
D.
Any sale regulated under any other provision or provisions
of the ordinances of the Village of New Haven.
E.
Any bona fide charitable, educational, cultural, or
governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall
be upon the organization or institution claiming such exemption.
All signs permitted under this chapter advertising
the holding of a garage sale must conform with the following requirements:
A.
Signs shall not be larger than four square feet in
area.
B.
Only one sign advertising such garage sale may be
located at the location and premises of said garage sale.
C.
Two other signs advertising such garage sale may be
placed within a radius of 1/2 mile of the garage sale during the period
of the garage sale, as hereinafter limited.
D.
No signs advertising a garage sale shall be placed
in any manner on public property. Such signs may only be placed on
private property with the consent of the property owner.
E.
Under no circumstances shall any such sign be attached
to any tree, traffic control device, street sign, or utility pole
on any public right-of-way or land either by nail, screw, wire, cord
or by any manner whatsoever.
F.
No sign advertising a garage sale shall be erected
or placed more than three days prior to the first date of the garage
sale, and all such signs shall be removed by the person conducting
said garage sale within 24 hours following the last date of the garage
sale.
[Amended 1-13-2015 by Ord. No. 333]
Any person or persons violating any of the above provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.
