[HISTORY: Adopted by the Board of Trustees of the Village
of Albion 6-24-2015 by L.L. No.
2-2015. Amendments noted where applicable.]
This chapter shall be known as the "Garage Sale Law."
The occasional conduct of sales of personal property from residential
areas of the Village known as "garage sales," "lawn sales," "attic
sales," "yard sales" or by any other similar designation has proliferated
and, in some cases, created traffic congestion problems. Such sales
often have continued for extended periods of time, resulting in ongoing
retail operation to the detriment and degradation of the character
of residential neighborhoods. The purpose of this chapter is to regulate
and restrict the conduct of such garage sales in order to protect
the safety, health and welfare of the Village residents and to preserve
the character of residential neighborhoods.
As used in this chapter, the following terms shall have the
meanings ascribed to them herein:
The sale or offering for sale of new, used or secondhand items
of tangible personal property from any one residential premises.
The sale of tangible personal property from residential premises
entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn
sale," "attic sale," "basement sale," "rummage sale," "flea market"
or any similar casual or occasional sale advertised to the public
at large as such.
An individual, partnership, family group, unincorporated
association or a corporation.
A single- or multiple-family dwelling unit used for residential
purposes which is not located in an area of the Village zoned for
commercial, industrial, business, manufacturing or mercantile uses.
The Village of Albion.
Except as provided in § 156-7 hereof, it shall be unlawful after the effective date of this chapter for any person to conduct a garage sale from residential premises of the Village on days other than Friday, Saturday, and Sunday
Garage sales pursuant to this chapter shall be conducted between
the hours of 8:00 a.m. and 6:00 p.m. only on the days allowed.
An advertising sign no greater in size than two feet by two
feet may be installed on the premises on which the garage sale will
be conducted. Such sign shall be displayed only during the hours of
the sale and shall be removed within 24 hours after the sale is concluded.
No sign or other display advertising the sale shall be placed on any
public place or right-of-way of the Village, and no illuminated or
lighted sign may be used to advertise a garage sale.
This chapter shall not apply to:
A.Â
A person selling personal property pursuant to an order or process
of a court of competent jurisdiction or to any public official acting
pursuant to and within the scope of his/her authority.
B.Â
Any person advertising in a publication of general circulation the
sale of tangible personal property, not displayed to the public, for
a period not to exceed two weeks in any continual six-month period.
C.Â
Any sale of personal property authorized or licensed to do so pursuant
to any state statute or any other local law, ordinance, rule or regulation.
The owner of the property where a garage sale is held shall
be responsible for the maintenance of good order and decorum on the
premises during the hours of the garage sale and shall not permit
the parking of motor vehicles on or about the public streets or such
premises which would impede the flow of vehicular traffic, and shall
not obstruct or impede pedestrian traffic on the sidewalks of the
Village.
This chapter shall be enforced by any code enforcement officer
or any police officer of the Village. It shall be the duty of any
such officer to investigate any violation of this chapter coming to
his/her attention and to prosecute the same before the Town Justice
of the Town of Albion.
Any person who shall violate the provisions of this chapter
shall be guilty of a violation and, upon conviction thereof, shall
be punished by a fine of not less than $25 nor more than $250 or imprisoned
for not more than 15 days, or both. Each day that such violation continues
shall be considered and constitute a separate violation.
