[HISTORY: Adopted by the Council of the City of Watervliet 12-2-1982
as Ord. No. 1403 (Ch. 81/2 of the Code of Ordinances of 1972).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 272.
The Council of the City of Watervliet, New York, finds and declares
that:
A.
The intrusion of nonregulated garage sales is causing
annoyance to citizens in residential areas in the city and congestion of the
streets in residential areas in the city.
B.
The provisions contained in this chapter are intended
to prohibit the infringement of any businesses in any established residential
areas by regulating the term and frequency of garage sales so as not to disturb
or disrupt the residential environment of the area.
C.
The provisions of this chapter do not seek control of
sales by individuals selling a few of their household or personal items.
D.
The provisions and prohibitions hereinafter contained
are enacted not to prevent but to regulate garage sales for the safety and
welfare of the city's citizens.
A.
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein.
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 the plural number. The word "shall" is always mandatory
and not merely directory.
B.
GARAGE SALE
PERSONAL PROPERTY
As used in this chapter the following terms shall have
the meanings indicated:
Includes all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by Chapter 272, Zoning, for the purpose of disposing of personal property, including, but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," room," "backyard," "patio," "flea market" or "rummage" sales.
[Amended 6-17-2004 by Ord. No. 1751]
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
or maintaining a residence. It does not include merchandise which was purchased
for resale or obtained on consignment.
It shall be unlawful for any individual, group or organization to sell
or offer for sale, under authority granted by this chapter, property other
than personal property.
No garage sale shall be conducted unless and until the individuals desiring
to conduct such sale shall obtain a permit therefor from the City Clerk. Members
of more than one (1) residence, but not more than five (5) residences, located
in the city may join in obtaining a permit for a garage sale to be conducted
at the residence of one of them.
Prior to issuance of any garage sale permit, the individuals conducting
such sale shall file a written statement with the City Clerk at least five
(5) days in advance of the proposed sale (mailed applications must be postmarked
at least seven (7) days in advance of the sale), setting forth the following
information:
A.
The full name and address of the applicant or applicants.
B.
The location at which the proposed garage sale is to
be held.
C.
The date or dates upon which the sale shall be held.
D.
The date or dates of any other garage sales within the
current calendar year.
E.
An affirmative statement that the property to be sold
was owned by the applicant or applicants as his or their own personal property
and was neither acquired nor consigned for the purposes of resale.
There shall be an administrative processing fee of ten dollars ($10.)
for the issuance of such permit.
The permit shall set forth and restrict the time and location of such
garage sale. No more than two (2) such permits may be issued to one (1) residence
and/or family household during any calendar year. If members of more than
one (1) residence join in requesting a permit, then such permit shall be considered
as having been issued for each and all of such residences.
Such garage sales shall be limited in time to no more than the daylight
hours of three (3) consecutive days or two (2) consecutive weekends (Saturday
and Sunday).
A.
If sale not held because of inclement weather. If a garage
sale is not held on the dates for which the permit is issued or is terminated
during the first day of the sale because of inclement weather conditions and
an affidavit by the permit holder to this effect is submitted, the City Clerk
may issue another permit to the applicant for a garage sale to be conducted
at the same location within thirty (30) days from the date when the first
sale was to be held. No additional permit fee is required.
B.
Third sale permitted. A third garage sale shall be permitted
in a calendar year if satisfactory proof of a bona fide change in ownership
of the real property is first presented to the City Clerk or his duly authorized
representative.
Before issuing a permit, the City Clerk or his duly authorized representative
may conduct such investigation as may reasonably be necessary to determine
if there is compliance with this chapter.
Personal property offered for sale may be displayed within the residence,
in a garage, carport and/or in a rear yard, but only in such area. No personal
property offered for sale at a garage sale shall be displayed in the front
or side yard areas of any such premises or in any public right-of-way. However,
a vehicle offered for sale may be displayed on a permanently constructed driveway
within such front or side yards.
Any permit in possession of the holder or holders of a garage sale shall
be posted on the premises in a conspicuous place so as to be seen by the public
and the City Clerk or his duly authorized representative.
A.
Signs permitted. Only the following specified signs may
be displayed in relation to a pending garage sale:
(1)
Two signs permitted. Two (2) signs of not more than four
(4) square feet shall be permitted to be displayed on the property of the
residence where the garage sale is being conducted.
(2)
Directional signs. Two (2) signs of not more than two
(2) square feet each are permitted, provided that the premises upon which
the garage sale is conducted is not on a major thoroughfare and written permission
to erect said signs is received from the property owners upon whose property
such signs are to be placed.
B.
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.
Removal of signs. Signs must be removed each day at the
close of the garage sale activities or by the end of daylight, whichever first
occurs.
The individual to whom such permit is issued and the owner or tenant
of the premises on which such sale or activity is conducted shall be jointly
and severally 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 Departments of the city in order to maintain the public,
health, safety and welfare.
A police officer or any other official designated by any city ordinance
to make inspections under the licensing or regulating ordinance or to enforce
the same 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 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.
A.
False information. Any permit issued under this chapter
may be revoked or any application for issuance of a permit may be refused
by the City Clerk if the application submitted by the applicant or permit
holder contains any false, fraudulent or misleading statement.
B.
Conviction of violation. If any individual is convicted
of an offense under this chapter, the City Clerk is instructed to cancel any
existing garage sale permit held by the individual convicted and not issue
such individual another garage sale permit for a period of two (2) years from
the time of conviction.
The provisions of this chapter shall not apply to or affect the following:
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 sale conducted by any merchant or mercantile or other
business establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the city or under the protection
of the nonconforming use section thereof or any other sale conducted by a
manufacturer, dealer or vendor and which sale would be conducted from properly
zoned premises and not otherwise prohibited in other ordinances.
Every article sold and every day a sale is conducted in violation of
this chapter shall constitute a separate offense.
Any person, firm, corporation or other entity violating any provision of this chapter shall be deemed guilty of a violation as defined by § 10.00, Subdivision 3, of the Penal Law of the State of New York and, upon conviction thereof, shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty.
