[HISTORY: Adopted by the Town Board of the Town of Johnstown 4-17-2000 by L.L. No.
2-2000. Amendments noted where applicable.]
The Town Board of the Town of Johnstown finds and declares that:
A.
The intent of this chapter is to eliminate perpetual, prolonged and
extended garage and yard sales in residential areas which are causing
annoyance to citizens in the Town of Johnstown.
B.
The provisions contained in this chapter are intended to prohibit
the conducting of a business in any zoned residential areas or residential
premises by regulating the terms and frequency of garage sales so
as not to disturb or disrupt the residential environment of the area.
C.
The provisions of this chapter do not seek control of sales by individuals
selling a few of their household or personal items.
D.
The provisions and prohibitions hereinafter contained are enacted
not to prevent but to regulate garage sales for the safety and welfare
of the town's citizens.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Includes all general sales, open to the public, conducted from or on residential premises or in any residential zone as defined in Chapter 84, Zoning, for the purpose of disposing of personal property or other property, including but not limited to all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market" or "rummage sale." This definition shall not include a situation where no more than five specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the New York State Fire Prevention and Building
Code, or any vacant lot which abuts a residential premise.
It shall be unlawful for any individual to sell or offer for
sale, under authority granted by this chapter, property other than
personal property.
Personal property offered for sale may be displayed within the
residence, in a garage, in a carport or in a yard, but only in such
area. No personal property offered for sale at a garage sale shall
be displayed in any public right-of-way.
A.
Signs permitted. Only the following specified signs may be displayed
in relation to a pending garage sale:
(1)
Two signs permitted. Two signs of not more than four square feet
each are permitted to be displayed on the property of the residence
where the garage sale is being conducted.
(2)
Directional signs. Two signs of not more than two square feet each
are permitted, provided that the premises upon which the garage sale
is conducted is not on a major thoroughfare and written permission
to erect said signs is received from the property owners upon whose
property such signs are to be posted.
B.
Time limitations. No sign or other form of advertisement shall be
exhibited for more than two days prior to the day such sale is to
commence.
C.
Removal of signs. Signs must be removed by the end of daylight on
the last day of the garage sale. For those garage sales being held
on consecutive weekends, signs must be removed by the end of daylight
on the last day of each weekend.
The owner or tenant of the premises on which such garage sale
or activity is conducted shall be responsible for the maintenance
of good order and decorum on the premises during all hours of such
sale or activity. No such individual shall permit any loud or boisterous
conduct on said premises nor permit vehicles to impede the passage
of traffic on any roads or streets in the area of such premises.
The provisions of this chapter shall not apply to or affect
the following:
A.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties as public
officials.
C.
Any sale conducted by any merchant or mercantile or other business
establishment from or at a place of business having a certificate
of occupancy indicating a mercantile occupancy classification as defined
by the New York State Fire Prevention and Building Code wherein such
sale would be permitted by the Zoning Ordinance of the Town of Johnstown
or under the protection of the nonconforming use section[1] thereof or any other sale conducted by a manufacturer,
dealer or vendor and which sale would be conducted from properly zoned
mercantile premises and not otherwise prohibited in other ordinances.
[1]
Editor's Note: See Art. IX, Nonconforming Uses.
D.
Any bona fide charitable, eleemosynary, educational, cultural or
governmental institution or organization, when the proceeds from the
sale are used directly for the institution's or organization's charitable
purposes and the goods or articles are not sold on a consignment basis.
Every article sold and every day a sale is conducted in violation
of this chapter shall constitute a separate offense.
Any person who shall violate the terms of this chapter shall,
upon conviction thereof, be guilty of a violation under the Penal
Law and shall be punishable, for each offense, by a fine of not less
than $25 nor more than $250 or by imprisonment for not more than 15
days, or both.
