[HISTORY: Adopted by the Board of Trustees
of the Village of Waterloo 5-14-1984 by L.L. No. 1-1984 as Ch. 15
of the 1984 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Garage Sales Law of the Village of Waterloo, New York."
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the meanings indicated:
The sale on residential premises of five or more items, including
but not limited to furniture, appliances, furnishings, clothing, bric-a-brac,
antiques, toys, tools and similar items used about a household or
person, other than by auction or the sale of the entire contents of
a household.
An individual article or a complete unit.
[Amended 2-8-1993 by L.L. No. 3-1993]
Except during the period of seven consecutive
days designated as "Garage Sale Week" by resolution of the Board of
Trustees of the Village of Waterloo, New York, adopted each year during
the month of April, no person shall conduct a garage sale, porch sale,
yard sale or other similar type of sale in any residential district
of the Village of Waterloo, New York, without first obtaining a license
therefor from the licensing officer.
[Added 2-11-1991 by L.L. No. 2-1991; amended 2-8-1993 by L.L. No. 3-1993]
No person shall conduct a garage sale, porch
sale, yard sale or other similar type of sale in any residential district
of the Village of Waterloo, New York, during the period commencing
on May 25 and ending on June 5 of each year.
[Amended 2-8-1993 by L.L. No. 3-1993]
A garage sale license shall be valid for no
more than three consecutive days and shall not be issued to any person
more than two times per calendar year.
Any person desiring to procure a license as
herein provided shall file with the Village Clerk-Treasurer a written
application upon a form furnished by the Village Clerk-Treasurer.
Such application shall be under oath and provide the following information:
A.
The name, address and age of the applicant.
B.
The address where the garage sale is to take place.
C.
The dates on which the garage sale is to be conducted.
D.
The last date on which a garage sale was conducted
on the premises.
E.
Such other information as may be required by the licensing
officer to determine the veracity or to clarify any of the prior statements
required in this section.
A.
Grant; refusal; appeal. Upon the filing of the application, as provided in § 133-6, the licensing officer shall issue to the applicant a license as provided in § 133-3 hereof. A license may be refused if the applicant shall have been convicted of any violation of this chapter. Any applicant who has been refused a license by the licensing officer may apply to the Board of Trustees therefor, and the same may be granted or refused by the Board of Trustees after a public hearing at which the applicant shall be given the opportunity to be heard and to be represented by counsel.
B.
Use. A license shall not be assignable. Any holder
of such license who permits it to be used by any other person, and
any person who uses such license granted to any other person, shall
each be guilty of a violation of this chapter.
C.
Contents. A copy of all licenses shall be filed in
the Village Clerk-Treasurer's office and shall state clearly the kind
of goods, wares or merchandise to be sold, the dates of issuance and
expiration of the license, the fee paid and the name and address of
the licensee.
D.
Display. Every license shall be displayed prominently
at the place of sale during the conduct of such garage sale.
Any license may be suspended by any police officer
where there are reasonable grounds to believe that a violation of
law or of this Municipal Code has taken place or is about to take
place in the conduct of the sale until a hearing can be held before
the Board of Trustees. A license may be revoked after a public hearing
at which the applicant shall be given the opportunity to be heard
and to be represented by counsel.
Only one sign advertising the garage sale shall
be permitted, and it shall be posted on the premises where the sale
is conducted. The size of the sign must not exceed four feet by eight
feet, and it shall not be located where it may interfere with the
view of motorists and shall not be posted earlier than one week before
the sale commences and must be removed immediately after the sale
ceases.
[Amended 2-8-1993 by L.L. No. 3-1993; amended 7-12-1999 by L.L. No. 3-1999]
A violation of any provision of this chapter
is hereby declared to be a violation and shall be punishable by a
fine of not more than $250 or imprisonment for not more than 15 days,
or both.
