[HISTORY: Adopted by the Board of Trustees of Cuba Village 3-11-2013 by L.L. No.
2-2013. Amendments noted where applicable.]
GENERAL REFERENCES
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:
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.
A.
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.
B.
Sales shall only be conducted between the hours of 8:00 a.m. and
5:00 p.m.
C.
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.
A.
No sign advertising any garage sale shall be larger than three feet
square (three feet by three feet).
B.
No person shall advertise any garage sale with more than four signs
posted inside the Village limits.
C.
Signs shall not be posted without first obtaining permission from
the owner of the property where the sign is posted.
D.
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.
E.
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.
