Village of New Hempstead, NY
Rockland County
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[HISTORY: Adopted by the Board of Trustees of the Village of New Hempstead 7-5-1984 by L.L. No. 18-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 203.
Retail establishments — See Ch. 219.
Signs — See Ch. 225.
Zoning — See Ch. 290.
The rules and regulations set forth in this chapter are designed to control and restrict garage sales 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 and with Chapter 290, Zoning, of the Code of the Village of New Hempstead. The intent of this chapter is to eliminate perpetual, prolonged and extended garage sales in residential areas. Such sales, if carried on indefinitely, tend to become retail businesses in residential areas and zones, create a nuisance and usually violate the zoning regulations of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE
The sale or offering for sale of new, used or secondhand items of personal property at one or more residential premises at any one time. "Garage sale" includes all sales in residential areas entitled "garage sale," "yard sale," "lawn sale," "tag sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property.
GOODS
Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, family groups, voluntary associations and corporations.
RESIDENTIAL PREMISES
Includes all residential dwellings located within any type of zone, zoned area or zoning district, whether or not said area or zone is residential, business or otherwise, within the geographic boundaries of the Village of New Hempstead.
[Amended 5-22-2017 by L.L. No. 2-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
It shall be unlawful for any person to conduct a garage sale within the geographic boundaries of the Village of New Hempstead without first obtaining a garage sale permit from the Village Clerk-Treasurer after filing an application containing the information hereinafter specified.
B. 
The fee for such permit shall be set by resolution of the Board of Trustees from time to time.
C. 
Such permit shall be issued to one person for one specific premises or location only once within a two-week period. Not more than two permits for garage sales shall be issued for the same premises or to the same person in any twelve-month period. A separate permit must be obtained for each location or premises to be used for such sale.
D. 
No permit shall be issued for a garage sale for longer than three consecutive days.
E. 
Each permit issued pursuant to this chapter must be prominently displayed on the garage sale premises throughout the entire period of the permitted sale.
F. 
In case of inclement weather whereby a scheduled garage sale cannot be held, another permit shall be issued by the Village Clerk-Treasurer to the permittee for the specified premises at no additional cost and under the same rules and regulations as the original permit. It shall be the responsibility of the person obtaining the original permit to request such additional permit due to inclement weather.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An application for a garage sale permit pursuant to this chapter shall include the following information:
A. 
The name of the person, persons, firm, group, corporation, association or organization conducting the sale.
B. 
The name of the owner and the occupant or tenant of the property on which the sale is to be conducted.
C. 
The consent of the owner and/or occupant to hold the sale if the applicant is other than the owner or occupant.
D. 
The location, street address and telephone number of the premises where the sale is to be conducted.
E. 
The number of days of the sale, limited to three consecutive days, and the date or dates of such sale.
F. 
The date and nature of any past sales held by the same applicant or on the same premises in the last twelve-month period.
G. 
The relationship or connection the applicant may have with the person conducting the sale.
H. 
Whether or not the applicant has been issued any vendor's license to hold such sale by any local, state or federal agency.
I. 
Whether adequate off-street parking would be available if the premises of the sale is located on a county or state highway or congested street.
J. 
Such other information as the Board of Trustees may from time to time require.
K. 
An affirmation or sworn statement by the applicant or persons securing the permit that the information given is full and complete and known by the applicant to be so.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All garage sales held pursuant to these provisions shall be conducted between the hours of 9:00 a.m. and 8:00 p.m. only on the day or days for which the permit was issued.
A. 
Garage sales may be advertised through the newspapers or other media.
B. 
A sign no larger in size than two feet by two feet may be installed on the property where the sale is being conducted. The sign shall be displayed not more than two days prior to the sale and shall be removed within two days after the sale is concluded.
C. 
Temporary signs for garage sales may be posted or displayed on public property, provided that such garage sales are to be held in the Village of New Hempstead, and further provided that such signs contain only the address of the seller and the date of the sale, are displayed not more than two days prior to the sale and are removed within two days after the sale is concluded.
D. 
No signs advertising sales not permitted under this chapter shall be permitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Garage sales within the Village shall comply with all other provisions of the Code of the Village of New Hempstead, including Chapter 290, Zoning, § 290-29.
This chapter shall not be applicable to:
A. 
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any sale conducted by any legitimate business or commercial or industrial establishment, properly zoned under Chapter 290, Zoning, of the Code of the Village of New Hempstead, and any other sale conducted by a business or commercial or industrial establishment under the protection of the nonconforming use section of Chapter 290, Zoning, or by any other vendor, dealer or person when the sale is conducted in a properly zoned area and not otherwise prohibited by the laws, rules and regulations of the Village of New Hempstead, the State of New York or this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, association, corporation or other entity conducting any sale or similar activity without being properly permitted therefor or who or which shall violate or fail to comply with any provisions of this chapter or any other rules, terms, regulations or provisions adopted pursuant to this chapter shall be deemed to be in violation, and the violator shall be liable for a fine of not less than $25 nor more than $500 or a sentence of imprisonment not to exceed 15 days, or both. Each day such sale or violation continues without being duly permitted shall be considered and shall constitute a separate violation.
[Amended 5-22-2017 by L.L. No. 2-2017]
The Mayor, Deputy Mayor and/or Code Inspector of the Village of New Hempstead shall have authority to issue appearance tickets for violations of any of the provisions of this chapter.
It is not the intention of this chapter to change or amend Chapter 203, Peddling and Soliciting, Chapter 290, Zoning, and/or any other law or resolution of the Village of New Hempstead.