[HISTORY: Adopted by the Board of Trustees of the Village of Walden 3-13-1973 as Art. XIII of Ch. VI of the Walden Village Code; amended in its entirety 11-13-1984 by L.L. No. 13-1984 (Ch. 120 of the 1982 Code). Subsequent amendments noted where applicable.]
The Board of Trustees hereby finds and determines that unregulated sidewalk sales, yard sales and public auctions cause a proliferation of signs and unsightly placement of sale articles, merchandise and goods on or near public thoroughfares; and further finds and determines that these sales and auctions obstruct traffic or public roads and sidewalks and block lines of visibility for vehicular traffic and pedestrians and that such unregulated sales are detrimental to the public health, safety and welfare. It is the intent of this chapter to regulate the time, place and manner of sales and advertising for such sales within the Village of Walden to provide for and promote the public good.
As used in this chapter, the following terms shall have the meanings indicated:
- Any sign or leaflet, printed material or other means of mass communication which is erected or distributed, broadcast or otherwise circulated to advertise or promote a sale or auction regulated by this chapter.
- AUCTION SALES
- Any sale by public outcry to the highest bidder, except when conducted by order of a court of competent jurisdiction.
- Those days that are designated as legal holidays by federal or state government or by order of the Board of Trustees of the Village of Walden.
- SALES ON VILLAGE PROPERTY
- The buying, selling or negotiating for the purchase or sale of articles, merchandise or other goods on lands owned by the Village of Walden, New York.
- SIDEWALK SALES
- The buying, selling or negotiating for the purchase or sale of merchandise or other goods which takes place on a public sidewalk or so near to the public sidewalk as to obstruct or hinder or be reasonably anticipated to obstruct or hinder the public passage over or use of such sidewalk.
- Any kind of billboard, signboard, pennant or other shape or device or display used as an advertisement, announcement or direction, including any text, symbol, lights, marks, letter or figures printed or painted thereon. The term "sign" shall include, without limitation, handbills and leaflets.
- YARD SALE
- The occasional buying, selling, bartering or negotiating to buy, sell or barter items of new or used personal property which occurs on premises where commercial activity is otherwise not permitted within the Village of Walden.
No person shall conduct or hold a yard sale, sidewalk sale, auction in the Village of Walden or sale on Village property except in conformity with this chapter. No person shall conduct or hold a sidewalk sale, auction sale or sale on Village property in the Village of Walden without a permit issued by the Board of Trustees of the Village of Walden.
Days and hours. Sales regulated by this chapter may be conducted on holidays, Friday, Saturday and Sunday between 7:00 a.m. and 1/2 hour after sunset, prevailing time.
No signs which advertise sales regulated by this chapter may be erected or placed more than eight hours prior to such sale. All signs must be removed not more than eight hours after the sale.
No signs may be placed on utility poles or traffic signs.
No signs may be erected or placed so as to obstruct streets or sidewalks or so as to obstruct visibility at intersections or along streets.
No advertising which disturbs the peace, creates a nuisance or creates litter shall be permitted by this chapter.
Display of articles, merchandise or goods. The display of articles, merchandise or other goods for sales within this chapter shall be in a neat and orderly fashion. No such display shall obstruct passage over or access to streets or sidewalks, nor shall such display obstruct visibility at intersections or along streets.
Applications for permits required by this chapter shall be submitted to the Village Clerk in writing and shall:
State the name and address and telephone number of the person or persons conducting the sale and shall designate a person who may be contacted concerning such sale.
State the location where such sale is to be held.
Describe the nature and type of goods, merchandise or property to be sold.
Describe, if applicable, the means by which pedestrian and vehicular traffic will be maintained and adequate parking provided. If no provision for traffic control or parking is required, the application shall so state.
Describe the means of advertising of such sale and the means by which signs, litter and debris shall be removed subsequent to such sale.
Include proof of adequate insurance to protect the Village as may be determined by the Board of Trustees.
The Board of Trustees may, by resolution, establish rules and regulations for the issuance of permits and may delegate the authority for the issuance of permits to the Village Manager.
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine not to exceed $250 or by imprisonment for not more than 15 days, or by both a fine and imprisonment.