Town of Fort Edward, NY Chapter 59 Garage Sales

[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.]

§ 59-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

GARAGE SALE

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.

GOODS

Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated hereunder.

PERSONS

Individuals, partnerships, family groups, voluntary associations and corporations.

§ 59-2 Registration certificate required; application; limitations; display of certificate.

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) Registration certificates for additional garage sales will require a New York State sales tax identification number. A fee in the amount adopted by the Town Board pursuant to Town Code § 50-1 and listed on the Fee Schedule[1] will be charged per registration certificate.

[1] Editor's Note: The Fee Schedule is on file in the Town offices. See § 50-1.

(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.

§ 59-3 Hours.

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.

§ 59-4 Inclement weather; fourth sale.

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.

§ 59-5 Signs permitted.

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.

§ 59-6 Enforcement; complaints.

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.

§ 59-7 Separate offenses.

Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense.

§ 59-8 Violations and penalties.

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.