[HISTORY: Adopted by the Town Board of the
Town of Fort Edward 8-14-1989 by L.L. No. 7-1989; amended in its entirety 9-2-2014 by L.L. No. 2-2014. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The sale or offering for sale of new, used or secondhand
items of personal property at any one residential premises at any
one time. Includes all sales in residential areas entitled "garage
sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic
sale," "basement sale," "cellar sale," "rummage sale," "flea market
sale" or any similar casual sale of tangible personal property.
Any goods, warehouse merchandise or other personal property
capable of being the object of a sale regulated hereunder.
Individuals, partnerships, family groups, voluntary associations
and corporations.
A.
It shall be unlawful for any person to conduct a garage
sale within the Town of Fort Edward without first applying for and
obtaining a registration certificate. A garage sale shall not exceed
three consecutive days. Each registration certificate shall be valid
for a sale not to exceed a three-day period from the first day of
the sale.
B.
Application for a garage sale registration certificate
shall contain the following:
(1)
The name of the applicant.
(2)
The location of the residence at which the sale will
be held.
(3)
The Tax Map number.
(4)
The date or dates upon which the sale will be held.
(5)
The date or dates of any other garage sales within the current calendar
year.
(6)
An affirmative statement that the property to be sold was owned
by the applicant as his or her own personal property and was neither
acquired or consigned for the purpose of resale.
C.
Registration certificate limitations.
(1)
No more than three registration certificates will
be issued per calendar year to any one tax residence.
(2)
(3)
Nonprofit organizations are exempt from the provisions
of this section.
(4)
Persons selling goods pursuant to an order of process or a court
of competent jurisdiction are exempt from the provisions of this section.
(5)
Persons acting in accordance with their powers and duties as public
officials are exempt from the provisions of this section.
D.
Each certificate issued under this chapter must be prominently displayed
on the premises upon which the garage sale is conducted through the
entire period of the sale.
All garage sales shall be conducted between the hours of 8:00
a.m. to 8:00 p.m. only for no more than three consecutive days.
A.
Sale not held because of inclement weather. If a garage sale is not
held on the dates for which the permit is issued or is terminated
during the first day of the sale because of inclement weather conditions
and an affidavit by the permit holder to this effect is submitted,
the Town of Fort Edward Zoning Administrator/Code Enforcement Officer
may issue another permit to the applicant for a garage sale to be
conducted at the same location within 30 days from the date when the
first sale was to be held. No additional permit fee is required.
B.
Fourth sale permitted. A fourth garage sale shall be permitted in
a calendar year if satisfactory proof of a bona fide change of ownership
of the real property is first presented to the Town of Fort Edward
Zoning Administrator/Code Enforcement Officer.
A.
Only the following specified signs may be displayed in relation to
a pending garage sale:
(1)
Two signs permitted. Two signs of not more than four square feet
each are permitted to be displayed on the property of the residence
where the garage sale is being conducted.
(2)
Directional signs. Two signs of not more than two square feet each
are permitted, provided that the premises upon which the garage sale
is conducted is not on a major thoroughfare and written permission
to erect said signs is received from the property owners upon whose
property such signs are to be posted.
B.
Time limitations. No sign or other form of advertisement shall be
exhibited for more than two days prior to the day such sale is to
commence.
C.
Removal of signs. Signs must be removed each day at the close of
the garage sale activities or by the end of daylight, whichever first
occurs.
This chapter shall be enforced by the Town of Fort Edward Zoning
Administrator and/or Town of Fort Edward Code Enforcement Officer,
and it shall be its duty to investigate and prosecute any violation
under this chapter.
Every article sold and every day a sale is conducted in violation
of this chapter shall constitute a separate offense.
Any person, firm or corporation within the Town of Fort Edward
that violates any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $250 or imprisonment
for a period not exceeding 15 days, or both, for conviction of a first
offense; for conviction of a second offense, both of which were committed
within a period of three years, punishable by a fine of not less than
$250 nor more than $500 or imprisonment for a period not to exceed
30 days, or both; and upon conviction for a third offense or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both. Each day during which
such violation occurs constitutes a separate offense and, therefore,
an additional fine.