[HISTORY: Adopted by the Board of Trustees of the Village of Warwick 8-16-1993
by L.L. No. 5-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 73, Garage
Sales, adopted 6-14-1976 as Art. IX of L.L. No. 7-1976.
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 Village of Warwick and
the posting of signs within the boundaries of the Village advertising said
sales regardless of where they are held.
It is not the intent of this chapter to change or amend the Zoning Law
of the Village of Warwick, New York.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale of household merchandise owned by the resident of the premises.
A.
No person or persons shall establish, operate, maintain or conduct so-called yard sales, garage sales, porch sales or barn sales within the boundaries of the Village of Warwick unless they shall first obtain a permit for such sale from the Village Clerk of the Village of Warwick, New York, on such form as the Village Clerk may require. The permit shall be issued for no more than three consecutive days, between the hours of 8:00 a.m. and 8:00 p.m., and for no more than two sale periods in any calendar year. The fee for any such sale shall be as set forth in Chapter 63, Fees. Only two such sales shall be held at any one location in any one year.
[Amended 6-21-2004 by L.L. No. 5-2004]
B.
No person shall hang or allow to be hung within the boundaries of the Village of Warwick any signs advertising any garage sale that will take place outside the boundaries of the Village, without first securing a sign permit from the Village Clerk. All such persons shall also be subject to the provisions of §§ 73-5 through 73-7 hereof.
A.
In addition to the above-mentioned license fee, a deposit as set forth in Chapter 63, Fees, shall be given to the Village Clerk by any applicant for such sale to insure the prompt removal of signs hung in the Village to advertise such sales.
B.
Upon the issuance of the permit, the Village Clerk shall
deliver four permit stickers to the applicant which shall be affixed to any
sign advertising such sale. The applicant shall not hang or allow to be hung
any other signs advertising such sale without such a permit sticker affixed
thereto. The maximum size of any said sign shall not exceed 11 inches by 15
inches.
C.
Within 48 hours following the conclusion of such sale,
the applicant shall remove all signs advertising the sale and deliver them
to the Village Clerk with the permit sticker affixed thereto.
D.
Upon the return of all four signs and permit stickers by the applicant to the Village Clerk within 48 hours following such sale, the deposit as set forth in Chapter 63, Fees, shall be returned to the applicant. Failure of the applicant to return all such signs and permit stickers within such time shall result in a forfeiture of such deposit and prosecution in accordance with § 73-7 herein.
E.
No person shall hang or permit to be hung any signs advertising
such sale other than those with a permit sticker issued by the Village Clerk
affixed thereto.
F.
No person shall allow any signs advertising any such
sales to remain posted in the Village after 48 hours following any such sale.
This chapter shall be enforced by the Police Department of the Town
of Warwick.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $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.
