[HISTORY: Adopted by the Council of the City
of New Rochelle 7-18-2006 by Ord.
No. 182-2006;[1] amended in its entirety 9-24-2015 by Ord. No. 183-2015. Subsequent amendments
noted where applicable.]
A.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number and words in the singular number the plural number. The word
"shall" is always mandatory and not merely directory.
B.
ESTATE SALE
GARAGE SALE
HOMEOWNER ASSOCIATION
INDIVIDUAL HOMEOWNER
PERSONAL PROPERTY
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein:
All sales in which a person and/or professional firm is engaged
to conduct a garage sale as defined below.
Includes all general sales, open to the public, conducted
from or on a residential premises for the purpose of disposing of
personal property, including but not limited to all sales entitled
"garage," "lawn," "yard," "attic," "porch," "room," "backyard," "tag,"
"patio," "flea market," "moving," "relocation" or "rummage" sale.
Any group of homeowners in the same area that form a homeowner
association. This also means a neighborhood association, civic association
and/or an institution.
Any person who owns a home and/or lot within the City of
New Rochelle, New York.
Property which is owned, utilized and maintained by a person
and/or his or her household and acquired in the normal course of living
in or maintaining a residence, which shall not include merchandise
purchased for resale or obtained on consignment.
No person or homeowner association shall display, offer for sale, or sell personal property at a garage sale without first obtaining a permit therefor from the City Clerk. The applicant may conduct the first sale at no charge and the fee for each subsequent sale will be set forth in Chapter 133, Fees, of the City Code. At the time of submission of the application, the applicant must show proof of liability insurance coverage in the minimum amount of $350,000. Homeowner associations must have liability insurance coverage in the minimum amount of $500,000.
No person or homeowner association shall hold, on his or her
residential property, more than four sales per calendar year with
the first one being free. Each garage sale shall be restricted to
three weekend days; Friday, Saturday and Sunday. A person or homeowner
association may come to the City Clerk's office on the Thursday
before the sale date to request a rain date. The rain date can be
any other weekend.
No person or homeowner association shall hold a garage sale
other than during the hours of 9:00 a.m. to 6:00 p.m.
The provisions of this chapter shall not apply to or affect
the following:
Upon issuance of a garage sale permit, the City Clerk will issue
a yard sign with the City Seal, the property address where sale is
to be held and the permit number. The size of this sign shall be 14 1/2
inches in height and 23 inches long. In addition, the City Clerk will
issue no more than 10 temporary smaller signs of no more than 12 square
inches in area for placement off the premises. These smaller signs
will have the City Seal and the location, days and time of the garage
sale. All temporary signage must be taken down no later than 6:00
p.m. on the Monday following the sale date.
All persons and/or homeowners associations that do not display
an authorized yard sign issued by the City Clerk's office will
be subject to having the license inspected by the New Rochelle Police
Department.
A.
The violation of any provision of this chapter shall be declared
to be an offense.
B.
Any person, homeowner and/or homeowner association conducting a garage
sale in violation of any provisions of this chapter will be issued
a warning for the first offense. The second, third and fourth violations
will be subject to a fine of $100. Each subsequent violation will
be subject to a fine of $250.
