[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst 10-7-2013 by L.L. No. 14-2013 Amendments noted where applicable.]
For the purposes of this chapter, the following phrases, words and their derivations shall be defined as follows:
- GARAGE SALE
- Includes all sales open to the public, conducted from or on a residential premises in any residential or multiple dwelling zoned district, as set forth in Chapter 265 entitled "Zoning," for the purpose of disposing of personal property, including but not limited to all sales entitled "garage," "lawn," "tag," "yard," "barn," "attic," "porch," "room," "backyard," "patio," "flea market" "estate" or "rummage" sale, or any similar casual sale of personal property.
- Includes any individual, association, company, firm, corporation, limited-liability company, partnership, joint venture, trust, estate, society or any other organization.
- Includes all personal property, goods or merchandise which is owned by the owner or occupant of a residence and utilized and maintained in and about said residence, appurtenant structures and the exterior thereof, such as, but not limited to, clothing, furniture, furnishings, rugs, lamps, dishes, paintings, antiques, tapestries, silverware, silver service, cookware, decorative items, toys, games, books, magazines, collectibles and any other property capable of being the object of a sale regulated hereunder.
- RESIDENTIAL PREMISES
- Any parcel or parcels on which a one-family dwelling, a two-family dwelling or a multiple dwelling is constructed, or any parcel or parcels zoned for a one-family dwelling, a two-family dwelling or a multiple dwelling. The term "residential premises" includes all structures occupied as a one-family dwelling, a two-family dwelling or a multiple dwelling, and all vacant land used in connection with the foregoing parcels.
Except as permitted in this chapter, no sale of property may be conducted on or from a residential premises. A garage sale, as defined in this chapter, may be conducted on or from a residential premises in the Village, but only in compliance with the following requirements:
A garage sale shall not be conducted on any residential premises more that two times each year.
A garage sale may be conducted only between the hours of 9:00 a.m. and 6:00 p.m.
A garage sale may not be held for more than three consecutive days.
A garage sale may be conducted only by the owner of the residential premises where the garage sale is being conducted, or by a tenant leasing such residential premises where the sale is conducted, only if the owner of the residential premises has consented, in writing, to such garage sale.
If, because of inclement weather conditions, a garage sale is not held on the date on which or it is to commence or is terminated during the first day of the garage sale, the three-day period shall be deemed to commence when it is resumed.
If two garage sales have occurred at a residential premises within a twelve-month period, an additional garage sale may be permitted in such twelve-month period by a new owner of such residential premises, provided that satisfactory proof of a bona fide change in ownership of the residential premises is first presented to the Village Clerk and all the other conditions of this chapter are complied with.
If two garage sales have occurred at a residential premises within a twelve-month period, an additional garage sale may be permitted in such twelve-month period by the owner selling such residential premises, or a tenant vacating such residential premises, provided that satisfactory proof is first presented to the Village Clerk evidencing an intent to close title or move within 30 days subsequent to such garage sale and all the other conditions of this chapter are complied with.
Garage sales may be advertised through newspapers or other news media.
One sign not greater in size than two by two feet may be installed on the residential premises where the garage sale is being conducted for no more than 24 hours prior to the commencement of the garage sale, and such sign shall be removed within 24 hours after the completion of the garage sale.
No sign shall be placed on the public right-of-way or on any property other than where the garage sale is being conducted.
No lighted signs shall be used.
The provisions of this chapter shall not apply to or affect the following:
Persons selling property pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Persons selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
Publishers of newspapers, magazines or other publications or other communication media who publish or broadcast information pertaining to such sales in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this chapter have not been complied with.
Sales conducted by merchants or mercantile or other business establishments from or at a place of business wherein such sale would be permitted by the zoning regulations of the Village of Cedarhurst, or under the protection of the nonconforming use section thereof, or other sales conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited.
The person or persons conducting a garage sale and the fee owner of the residential premises on which the garage sale is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the residential premises during all hours of the garage sale. No such person or persons shall permit any loud or boisterous conduct on said residential premises. All such persons shall obey the orders of the Village, and any other duly authorized official or agency, in order to maintain the public health, safety and welfare.