[HISTORY: Adopted by the Town Board of the Town of Massena 3-19-2008 by L.L. No.
2-2008. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale," "tag sale" or any other similar
casual sale of tangible personal property owned by the owner of the
premises or by any other persons residing therein, which sale is promoted
by any means whereby the public is or can be made aware of said sale.
A.
A permit is required and can be obtained at the Town Clerk's
office. No person shall conduct a garage sale without obtaining a
permit and complying with all of the provisions of this chapter.
B.
The applicant must make a written application for a permit and furnish
a location, a start and an end date for the sale along with such other
and further information as required by resolution of the Town Board.
C.
The fee for the permit shall be set from time to time by resolution
of the Town Board.
All garage sales shall be conducted between the hours of 7:00
a.m., and 10:00 p.m. only. The duration of any garage sale cannot
last longer than five full calendar days nor be conducted more than
twice per calendar year on the same premises.
A.
A violation of any of the provisions contained in this chapter shall
constitute an offense punishable by a fine of not less than $25 nor
more than $50 or by imprisonment for not more than three days for
each violation, except that:
(1)
When the person was found to have violated any of the provisions
of this chapter within the preceding five years, the fine may be of
not less than $50 nor more than $100 or by imprisonment for not more
than seven days for each violation; and
(2)
When the person was found to have committed two or more such violations
within the preceding five years, the fine may be of not less than
$100 nor more than $250 or by imprisonment for not more than 15 days
for each violation.
B.
These penalties shall be in addition to any other penalty provided
by law. The Town may also seek injunctive relief to prevent the continued
violation of this chapter.
