[Ord. of 8-7-1972, § 2; Ord. of 12-4-1995, § 1]
(a)
No person shall permit in the premises owned, occupied as or in any manner used by him/her the sale of goods, wares and chattels as defined by Section 5-1 of the Code of Ordinances of the City of Poughkeepsie unless (s)he shall first obtain a permit for the same from the City Chamberlain of the City of Poughkeepsie as hereinafter provided. A block association sponsoring a garage sale shall obtain a permit for the same from the City Chamberlain of the City of Poughkeepsie as hereinafter provided. Any person holding a garage sale in his/her premises, sponsored by the block association, shall not be recruited to obtain a separate permit from the City Chamberlain for the sale.
(b)
Any permit issued pursuant to this Chapter shall allow only two sales in any three-hundred-sixty-five-day period to any applicant upon any property or premises situate in a residential zone as defined by Chapter 19 of the Code of Ordinances of the City of Poughkeepsie.
(c)
No one garage sale shall be operated for more than 48 consecutive
hours, and in the event that a permit holder desires to hold two garage
sales, the second garage sale may not commence on a date less than
30 days after the termination of the previous garage sale.
[Ord. of 8-7-1972, § 2; Ord. of 12-4-1995, § 2; Ord. of 12-4-1997, § 1]
(a)
Each person desiring to procure a permit shall file with the City
Chamberlain a written application upon a form prepared and furnished
by the city, together with a permit fee of $7. Such application shall
contain the following information:
(1)
The name and address of the applicant, residence, business.
(2)
A description of the premises upon which the sale is to take place.
(3)
The date on which and the hours between which the sale is to take
place.
(4)
The name of the owner of the premises if other than the applicant,
as well as a statement indicating by what right the applicant will
use the aforesaid premises and the written consent of the owner of
the holding of such sale.
(b)
A block association of the City of Poughkeepsie desiring to sponsor
a garage sale and to procure a permit for the same shall file with
the City Chamberlain a written application upon a form prepared and
furnished by the city, together with a permit fee of $25. Such application
shall contain the following information:
(1)
The name, mailing address and officers of the block association.
(2)
The name and address of each residence or business that will partake
in the garage sale.
(3)
A description of each premises upon which the sale is to take place.
(4)
The date upon which and the hours between which the sale is intended
to be conducted.
(5)
The name of the owner of any premises taking part in the sale if
other than the names listed above, as well as a statement indicating
by what right the applicant will use the aforesaid premises and the
written consent of the owner for the holding of such sale.
(c)
No permit to hold a garage sale shall be refused except for a specific
reason and for the protection of the public safety, welfare, good
order and morals.
[Ord. of 8-7-1972, § 2; Ord. of 12-4-1995, § 3]
No permit granted under this Article shall be transferred, assigned
or set over to any person or association or used by any person or
association other than the licensee to whom it was issued.
[Ord. of 8-7-1972, § 2]
(a)
No person shall destroy, deface, mutilate or injure a permit issued
hereunder in any manner or change the same in any wise. The application
for the permit issued hereby shall be filed not more than 15 days
nor less than five days before the commencement of such sale.
(b)
There shall be a verified inventory in triplicate showing in detail,
quality, quantity, kind or grade of goods, wares or chattels proposed
to be sold, the established retail prices of said goods and chattels
and specifically state that the ownership of the items or articles
to be sold has been vested in the applicant for a period of no less
than 90 days. No goods, wares or chattels shall be added to the verified
inventory after the same has been filed, nor shall any goods or chattels
be sold that are not included in such verified inventory.
[Ord. of 8-7-1972, § 2]
The City Chamberlain or his duly authorized agent before issuing
a permit for a sale may examine, investigate the goods, wares and
chattels specified in the inventory to be offered for sale to determine
whether said inventory correctly sets forth the items to be sold and
the true value. The City Chamberlain may, upon examination of the
inventory filed, require such additional information as may be necessary
to determine the correctness of the items set forth and further to
ascertain the value of such items has been vested in the applicant
for such ninety-day period.
[Ord. of 8-7-1972, § 2]
No sale pursuant to this Article shall continue for a longer
period than the permit is issued, except that the City Chamberlain
may extend the period for which the original permit was issued and
payment of an additional fifty-dollar fee. No more than one extension
shall be granted pursuant to this Article.
[Ord. of 8-7-1972, § 2]
All sales conducted pursuant to this Chapter shall be subject
to inspection by any police officer or duly authorized agent of the
City of Poughkeepsie to determine whether the law and conditions of
the license are being complied with. Any such agent or officer upon
complaint or reasonable suspicion of violation may temporarily interrupt
any such sale for the purpose of making an inspection when such interruption
is reasonably necessary to ascertain compliance with the law of the
conditions thereof. No person conducting the sale under a permit issued
pursuant to this article shall:
(a)
Make any signs representative as to the make, quality, conditions,
previous history or value of any of the property offered for sale.
(b)
Employ a billman, crier, instrument of music, loud speaker, flashing
lights or any other means of attracting people other than a sign of
maximum size of one foot by two feet bearing the words "garage sale"
as well as the permit number pursuant to which the sale is being held.
[Ord. of 8-7-1972, § 2]
No person holding a sale pursuant to this article shall refuse
to exhibit his permit to any police officer upon demand at the place
where such sale is being conducted.
[Ord. of 8-7-1972, § 2]
No permit shall be issued for any person to conduct a sale pursuant
to this article on any legal holiday.
[Ord. of 8-7-1972, § 2]
No person holding a permit shall conduct such a sale except
between the hours of 10:00 a.m. and 9:00 p.m.
[Ord. of 8-7-1972, § 2]
Any person who shall violate any provision of this Article shall be punishable as described in Section 1-8 of the Code of Ordinances, and such conviction may result in addition to imposing of such fines and/or penalties as described in the revocation of offender's permit.
