Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Malone 8-12-1996 by L.L. No. 3, 1996. Amendments noted where applicable.]
Auctioneers, hawkers and peddlers — See Ch. 5.
Junk dealers — See Ch. 31.
Signs — See Ch. 48.
Zoning — See Ch. 66.
This chapter is established to control, regulate and license the conducting of sales, commonly referred to as "garage sales," "yard sales," "porch sales," "barn sales," etc., within the limits of the Village of Malone, in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only in keeping with the character of the neighborhood where this activity is carried on. The further purpose of this chapter is to eliminate the perpetual, prolonged and extended garage sales in residential areas.
It is not the intent of this chapter to change or amend the Zoning Law of the Village of Malone.[1]
Editor's Note: See Ch. 66, Zoning.
As used in this chapter, the following terms shall have the meanings indicated:
Includes all general sales, open to the public, conducted from or on a residential premise 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.
Sales, as defined and regulated by this Article, may be held for three consecutive days no more than four times per year per household property.
Said sale may commence no earlier than 8:00 a.m. and must terminate no later than 6:00 p.m.
A resident of the premises where the sale is being held must be present on the premises during the sale.
Garage sales may be advertised through the newspaper or other media.
A sign, no larger in size than four square feet, may be installed on the property where the sale is being conducted. The sign shall be displayed only during the sale and shall be removed within 24 hours after the sale is concluded.
No sign or other display advertising the sale shall be placed on the public right-of-way or on private property other than where the sale is conducted. No lighted or illuminated signs shall be used. Any other sign posted elsewhere, other than on the premises where the sale is to be held, shall be presumptive evidence of an illegal sign placed by the holder of the sale and shall constitute a violation of this chapter.
This chapter shall be enforced by the Building Inspector or Code Enforcement Official of the Village of Malone.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not less than $50 nor more than $200 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.