[HISTORY: Adopted by the City Council of the City of Newburgh 1-14-1985 by Ord. No. 1. Amendments noted where applicable.]
The Council of the City of Newburgh finds and declares that:
A.
The intrusion of nonregulated garage sales is causing annoyance to
citizens in residential areas and residential premises in the City
of Newburgh and congestion of the streets in residential zones in
the City of Newburgh.
[Amended 8-10-1992 by Ord. No. 11-92]
B.
The provisions contained in this chapter are intended to prohibit
the conducting of a business in any zoned residential areas or residential
premises by regulating the terms and frequency of garage sales so
as not to disturb or disrupt the residential environment of the area.
[Amended 8-10-1992 by Ord. No. 11-92]
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.
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 include the plural number.
The word "shall" is always mandatory and not merely directory.
B.
CODE COMPLIANCE SUPERVISOR
GARAGE SALE
PERSONAL PROPERTY
RESIDENTIAL PREMISES
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
The head of the Code Compliance Bureau or anyone designated
by him or by the Chief of the Fire Department to act in his place.
Includes all general sales, open to the public, conducted from or on a residential premise or in any residential zone as defined by the Chapter 300, Zoning, for the purpose of disposing of personal property or other property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage sale." This definition shall not include a situation where no more than five specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold.
[Amended 8-10-1992 by Ord. No. 11-92]
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 in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the New York State Fire Prevention and Building
Code, or any vacant lot which abuts a residential premise.
[Added 8-10-1992 by Ord. No. 11-92]
It shall be unlawful for any individual 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 Code Compliance Supervisor. Members of more than one residence
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 Code
Compliance Supervisor at least five business days in advance of the
proposed sale, setting forth the following information:
A.
The full name and address of applicant.
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 as his own personal property and was neither acquired
or consigned for the purposes of resale.
[Amended 6-13-1988 by L.L. No. 4-1988]
There shall be an administrative processing fee as set forth in Chapter 163, Fees, of this Code for the issuance of such permit.
The permit shall set forth and restrict the time and location
of such garage sale. No more than three such permits may be issued
to one residence and/or family household during any calendar year.
If members of more than one 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 consecutive days or two consecutive weekends
(Saturday and Sunday).
A.
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 Code Compliance Supervisor may issue another permit to the applicant
for a garage sale to be conducted at the same location within 30 days
from the date when the first sale was to be held. No additional permit
fee is required.
B.
Fourth sale permitted. A fourth garage sale shall be permitted in
a calendar year if satisfactory proof of a bona fide change of ownership
of the real property is first presented to the Code Compliance Supervisor.
Before issuing a permit, the Code Compliance Supervisor may
conduct an 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, in a carport or in a yard, but only in such
areas. No personal property offered for sale at a garage sale shall
be displayed in any public right-of-way.
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 Code Compliance Supervisor.
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 four 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 two 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 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. 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 Department of the City of Newburgh in order to
maintain the public health, safety and welfare.
A police officer, code compliance officer, fire prevention inspector
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 issue an appearance ticket
or, in the case of a police officer, 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
Code Compliance Supervisor 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 Code Compliance Supervisor is instructed to
cancel any existing garage sale permit held by the individual convicted
and not to issue such individual another garage sale permit for a
period of two 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 having a certificate of occupancy indicating a mercantile occupancy classification as defined by the New York State Fire Prevention and Building Code wherein such sale would be permitted by Chapter 300, Zoning, of the Code of the City of Newburgh 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 mercantile premises and not otherwise prohibited in other ordinances.
[Amended 8-10-1992 by Ord. No. 11-92]
D.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization, when the proceeds from the
sale are used directly for the institution's or organization's
charitable purposes and the goods or articles are not sold on a consignment
basis.
Every article sold and every day a sale is conducted in violation
of this chapter shall constitute a separate offense.
[Amended 6-13-1988 by L.L. No. 4-1988]
Any person found guilty of violating the terms of this chapter
shall be fined not less than $25 nor more than $250 for each offense
or be imprisoned not exceeding 15 days, or both.
