[HISTORY: Adopted by the Common Council of
the City of Hudson 3-18-2003 by L.L. No. 1-2003. Amendments noted
where applicable.]
GENERAL REFERENCES
Distribution of advertising matter — See Ch. 58.
Auctioneers and auctions — See Ch. 74.
Junkyards — See Ch. 182.
Transient merchants — See Ch. 203.
Noise — See Ch. 210.
Peddling and soliciting — See Ch. 217.
Signs — See Ch. 244.
Streets and sidewalks — See Ch. 266.
Zoning — See Ch. 325.
The intrusion of unregulated yard and garage
sales is causing an annoyance to citizens in the City of Hudson and
congestion of the streets in the City of Hudson. The provisions contained
in this chapter are intended to prohibit the conducting of a business
in any zoned residential areas or residential premises by regulating
the terms and frequency of yard and garage sales so as not to disturb
or disrupt the residential environment of the area.
For the purposes of this chapter, the following
words shall have the meanings given herein:
Includes all general sales, open to the public, conducted
from or on a residential premises or in any residential zone for the
purpose of disposing of personal property or other property, including,
but not limited to, all sales entitled "garage," "lawn," "yard," "attic,"
"porch," "room," "backyard," "patio," "flea market" or "rummage sale."
This definition shall not include situations where no more than two
specific items are held out for sale and where all advertisements
of such sales specifically name those items to be sold.
No more than three such yard or garage sales
may be held by one residence and/or family household during any calendar
year. If members of more than one residence join in holding such a
garage sale, such sale shall be considered having been held for each
and all of such residents. Each day that a yard sale is held shall
count as one yard sale.
[Amended 9-20-2022 by L.L. No. 6-2022]
Any individual conducting garage sales more than three days during a calendar year is required to obtain the appropriate approval from the Hudson Planning Board and Zoning Board of Appeals before operation and must comply with Chapter 325, Zoning, and the State Uniform Fire Prevention and Building Code. In addition, any such garage sale is required to have a state sales permit from the State Taxation Department authorizing the holder of the garage sale to collect sales tax.
The provisions of this chapter shall not apply
to or affect the following:
A.
Persons selling goods pursuant to an order 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 duly authorized business operating in conformity with the New York State Fire Prevention and Building Code, Chapter 325, Zoning, of the Code of the City of Hudson, and any other regulations pertaining to the operation of the business.
D.
Any bona fide charitable, educational, cultural, or
governmental institution or organization when the proceeds are used
directly for the institute's charitable purposes and the goods or
articles are not sold on a consignment basis.
Except for yard sales in this chapter, no person
may sell or display for sale outside any used or preowned personal
property in a residential zone unless the merchandise is not visible
from a public street or sidewalk or from any neighbor's property.
This provision shall not include situations where no more than two
specific items are held out for sale and where all advertisements
of such sales specifically name those items to be sold.
Any person committing any offense against any
provisions of this chapter shall be guilty of a violation punishable
by imprisonment for a term not exceeding 15 days or by a fine not
exceeding $250, or by both such fine and imprisonment. The continuation
of this offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
