[HISTORY: Adopted by the Town Board of the Town of Stony
Point on 4-14-2015 by L.L. No.
3-2015. Amendments noted where applicable.]
This chapter shall be known as "Garage and Yard Sales."
The occasional conduct of sales of personal property from residential
areas of the Town 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, and a number of residents are having
frequent and/or repeated garage and yard sales at their homes, in
effect turning their residential premises into a site where retail
business is conducted in a residential area. The purpose of this chapter
is to regulate and restrict the conduct of such garage sales in residential
areas in order to protect the safety, health and welfare of the residents
and to preserve the character of such neighborhoods. Thus, it has
become necessary to restrict such garage and yard sales to casual
and/or occasional occurrences in order to help maintain the nonbusiness
residential character of residential neighborhoods. The intent of
this chapter is to eliminate repeated, perpetual, prolonged and extended
garage and yard sales in residential zoning districts. Such sales,
if continued without limitation, tend to have the effect of establishing
retail businesses in residential areas, creating a public nuisance
and altering and compromising the residential character of residential
neighborhoods. It is not the intent of this chapter to amend any other
chapter of the Town Code.
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, an unincorporated
association or a corporation.
Items, goods, merchandise, clothing, furniture or other tangible
property which is owned, utilized and/or maintained by an individual
or members of his/her residence and acquired by such individuals in
the normal course of living in or maintaining a residence. It does
not include merchandise which was purchased for resale or obtained
on consignment.
A single- or multiple-family dwelling unit used for residential
purposes which is not located in an area of the Town zoned for commercial,
industrial, business, manufacturing or mercantile uses.
The Town of Stony Point.
It shall be unlawful after the effective date of this chapter
for any person to conduct a garage sale from residential premises
of the Town for more than three consecutive days. It shall also be
unlawful for any person to conduct a garage sale from residential
premises of the Town more than four times in any one twelve-consecutive-month
period. Garage sales pursuant to this chapter shall be conducted between
the hours of 8:00 a.m. and 6:00 p.m. only.
A.
Any person conducting a garage sale, the persons participating in
the sale, and the owner, tenant or occupant of the premises where
the sale is conducted shall be jointly and severally responsible for
the maintenance of good order and decorum on the premises during the
hours of the sale.
B.
No person shall permit any loud or boisterous conduct on the premises
or permit persons to impede the passage of traffic on any streets
in the area of the premises where the sale is being conducted.
C.
The person having a garage sale 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 Town. The Stony Point Police Department
may enforce such temporary controls to alleviate any special hazards
and/or congestion created by any garage sales.
D.
In the event of an emergency, all persons to whom a permit has been
issued shall obey any orders made by the Building Inspector, Code
Enforcement Officer or by any police, fire or other emergency service
personnel.
E.
It shall be unlawful for any individual to sell or offer for sale,
under authority granted by this chapter, property other than personal
property as defined herein.
F.
Notwithstanding the foregoing, members of more than one residence
may join together in a single sale held at one of their residences.
This chapter shall not apply to:
A.
A person selling personal property pursuant to an order or process
of a court of competent jurisdiction; or
B.
Any public official acting pursuant to and within the scope of his
authority;
C.
Any sale conducted by any lawful and legitimate business or commercial
or industrial establishment or any sale conducted by any other vendor
or dealer in a time, place and manner not otherwise prohibited by
state or local laws;
D.
Any public auction having a duration of no more than two days and
conducted by an auctioneer licensed by the State of New York.
This chapter shall be enforced by the Building Inspector (or
Deputy/Assistant), the Fire Inspector (or Deputy/Assistant), Code
Enforcement Officer (or Deputy/Assistant), any police officer of the
Town of Stony Point Police Department and any other person specifically
authorized by resolution of the Town Board.
It shall be unlawful for any person or persons to fail to comply
with this chapter or any provisions of this chapter. Any person violating
any of the provisions of this chapter shall be deemed guilty of a
violation and, upon conviction thereof, shall be fined in an amount
not exceeding $250 or imprisonment not to exceed 15 days, or both.
This chapter will become effective immediately upon its enactment
by the Town Board and proper filing with the offices of the Secretary
of State.
