[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 11-20-2008 by L.L. No. 5-2008. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Garage Sales Ordinance of the Town of Wawarsing, New York."
This chapter is intended to control and restrict
garage and yard sales in order to protect the public heath, safety
and convenience and to restrict such sales to casual and/or occasional
occurrences in order to help maintain the character of residential
neighborhoods. The intent of this chapter is to eliminate repeated,
perpetual, prolonged and extended garage and yard sales in residential
areas in any of the Town's zoning districts, including but not limited
to the Retail and Service Business District, Highway and General Commercial
District, and Light Industrial District. Such sales, if continued
without limit, tend to or may become retail businesses in residential
areas, and create a nuisance and violation of the Town's zoning regulations.
The provisions of this chapter arise from the need to limit and regulate
garage and yard sales. It is not the intent of this chapter to amend
any other chapter of the Town Code. Excluded from this chapter are
indoor garage sales and/or rummage sales held at and being conducted
by a bona fide not-for-profit organization.
As used in this chapter, the following terms
shall have the meanings indicated:
Any one garage sale that occurs for a period of one consecutive
Friday, Saturday, and Sunday in any calendar year.
The sale of five or more new or used items of personal property
at any one premises at any one time. The term "garage sale" shall
include all sales in all zoning districts entitled "garage sale,"
"yard sale," "tag sale," "porch sale," "lawn sale," "attic sale,"
"basement sale," "rummage sale," "estate sale" or any similar casual
sale of tangible property which is advertised by any means whereby
the public is or can be made aware of the sale.
B.
Garage sales may only be conducted on the following
days and only during the following times:
(1)
Days permitted. Any consecutive three-day period of
Friday, Saturday, and Sunday of any calendar year, provided that there
are no more than six such garage sale events in any calendar year.
Garage sales shall not be permitted on any other day.
A.
No person shall establish, operate, maintain or conduct
a garage sale within the boundaries of the Town of Wawarsing outside
of the Village of Ellenville unless he/she shall first obtain a permit
for such garage sale from the Town Clerk.
B.
Every applicant for a license for such sale shall
apply for said permit to the Town Clerk and shall provide the Town
Clerk with the following information:
(1)
The name and address of the applicant, the names and
addresses of other residents whose property will also be offered for
sale, who shall also sign the application, and the name and address
of the real party in interest if he/she is other than the applicant.
(2)
The date, time and place of the proposed garage sale.
C.
There shall be no fee for the issuance of a permit
from the Town Clerk.
D.
Each permit issued under this chapter must be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the permitted sale.
A.
Participants. At least one seller shall be a resident
of the premises or an authorized agent of the estate from which the
garage sale is conducted.
B.
Goods to be sold. The sale of goods shall be limited
to those belonging to the seller conducting the sale which were acquired
by the seller for his or her own use, whether or not such goods were
actually used by the seller. Such sales shall not include goods, new
or used, specifically acquired by the seller for resale.
C.
Responsibility for conduct of sales. The persons conducting
the sale shall be responsible for the maintenance of good order and
decorum on the premises during the hours of the sale and shall not
permit the parking of motor vehicles on or about the public streets,
highways or such premises which would impede the flow of vehicular
traffic and shall not obstruct or impede pedestrian traffic on the
sidewalks of the Town.
D.
Signs. Not more than four signs, none of which shall
exceed four square feet, shall be permitted to advertise any one garage
sale. Unless the sign is to be located at the residence where the
sale is to be conducted, it must contain the address where the sale
is to be conducted and the date or dates by month and day. If the
sign or signs are to be placed at a location other than the residence
where the sale is to be conducted, it shall be the responsibility
of the person conducting the sale to obtain the permission or consent
of the owner of the location where the signs are placed. No such signs
shall be erected for advertisement more than 48 hours prior to the
commencement of the sale, and all such signs must be removed from
display within 24 hours of the completion of the sale.
E.
Displays. All goods, property and items being sold
and any tables, racks or other display devices must be kept from view
from the property boundaries one hour prior to the commencement of
the garage sale and one hour after the conclusion of the garage sale.
The Town's Code Enforcement Office, the New
York State Police, and the Ulster County Sheriffs Department, or their
duly authorized designees, shall have authority to enforce the provisions
of this chapter.
Any person or persons who shall violate any
of the provisions of this chapter shall be guilty of an offense and
shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. Each day that a violation continues
shall be deemed a separate offense.
This chapter shall take effect upon filing with
the Secretary of State of the State of New York.
