[HISTORY: Adopted by the Common Council of the City of Port Jervis 9-12-1983 by L.L. No. 10-1983; amended in its entirety 5-9-1994 by L.L. No. 10-1994 (Ch. 117, Art. III of the 1981 Code). Subsequent amendments noted where applicable.]
This chapter is established to control, regulate and license the conducting of sales, commonly referred to as "garage sales," "yard sales," "porch sales," "barn sales," etc., within residential areas of the City of Port Jervis in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only in keeping with the charter of the neighborhood where this activity is carried on. The further purpose of this chapter is to eliminate the perpetual, prolonged and extended garage sales in residential areas.
It is not the intent of this chapter to change or amend the Zoning Law of the City of Port Jervis.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALES, YARD SALES, PORCH SALES OR BARN SALES
- The sale of household merchandise owned by the resident of the premises or a person acting together with such resident.
The owner or tenant of the premises where the sale is being held must be present on the premises during this sale.
Garage sales may be advertised through the newspaper or other media.
A sign no larger in size than two by two feet may be installed on the property where the sale is being conducted. The sign shall be displayed only during the sale and shall be removed within 24 hours after the sale is concluded.
No sign or other display advertising the sale shall be placed on the public right-of-way or on private property other than where the sale is conducted. No lighted or illuminated signs shall be used. Any other sign posted elsewhere, other than on the premises where the sale is to be held, shall be presumptive evidence of an illegal sign placed by the holder of the sale and shall constitute a violation of this chapter and a violation of § 145.30 of the New York State Penal Law.
This chapter shall be enforced by the Police Department or the Building Official of the City of Port Jervis.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine of not less than $75 nor more than $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.