[HISTORY: Adopted by the Board of Trustees of Cuba Village 3-11-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 140.
This chapter is intended to control and restrict garage and yard sales in order to protect the public health, safety, welfare, and convenience of the Village residents; and to restrict such sales and/or occasional occurrences in order to help maintain the character of residential neighborhoods. The intent of this chapter is to eliminate repeated, perpetual, prolonged, and extended garage and yard sales in the Village of Cuba. Such sales, if continued, tend to or may become retail businesses subject to other regulation and create a nuisance. The provisions of this chapter arise from the need to limit and regulate garage and yard sales. It is not the intent of this chapter to amend any other chapter of the Village Code.
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- The sale or offering for sale of new or used items of personal property at any premises at any time, indoors or outdoors. The term "garage sale" shall include all sales entitled: "garage sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "estate sale," or any similar casual sale of tangible property, which is advertised by any means whereby the public is or can be made aware of the sale, including the setting out of merchandise or tables to present merchandise in yards, whether or not signs are posted or displayed.
- An individual, partnership, family group, corporation, or unincorporated association.
- Any single parcel of land improved or not, in the Village of Cuba, identified by a single tax parcel number.
- Village of Cuba.
It shall be a violation of this chapter for any person to operate a sale within the Village limits for more than three consecutive days.
Sales shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m.
It shall be a violation of this chapter for any person or persons to operate a garage sale on any one property more than two times in any calendar year.
No sign advertising any garage sale shall be larger than three feet square (three feet by three feet).
No person shall advertise any garage sale with more than four signs posted inside the Village limits.
Signs shall not be posted without first obtaining permission from the owner of the property where the sign is posted.
No signs shall be posted more than 48 hours prior to the start time of the sale, and all signs shall be removed from public view within 24 hours of the end time of the sale.
No signs shall be posted on public rights-of-way, utility poles or any park or property of any municipality.
No person hosting a garage sale shall obstruct, block, or impede the public from any street, road, alley, sidewalk or any other public place where it is intended that the general public has the right to move about freely either on foot or by motor vehicle.
In addition to the general power of the local Police Department to enforce this chapter pursuant to the Municipal Home Rule Law and the Criminal Procedure Law of New York State and issue an appearance ticket, this section also authorizes the Village Code Enforcement Officer, pursuant to Article 150 of the Criminal Procedure Law, to issue an appearance ticket as defined in Article 150 of the Criminal Procedure Law directing a designated person to appear in a designated criminal court at a designated future time in connection with the alleged commission of a designated violation of this chapter.
A violation of any provision of this chapter is hereby declared a violation of the Penal Law of the State of New York and shall be punishable by a fine not to exceed $250 or imprisonment of not more than 15 days, or both.