[HISTORY: Adopted by the Town Board of the Town of New Hartford 8-20-1980
by L.L. No. 9-1980. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes all sales entitled "garage sale," "lawn sale," "attic sale,"
"rummage sale," "flea market sale" or any similar casual sale of tangible
personal property which is promoted by any means whereby the public at large
is or can be made aware of said sale.
Includes any goods, warehouse merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes individuals, partnerships, voluntary associations and corporations.
For the purpose of the provisions of this chapter relating to licensing, "person"
shall include family or household groups occupying the same dwelling unit.
[Amended 4-21-1982 by L.L.
No. 1-1982]
It shall be unlawful for any person to conduct a garage sale in the
Town of New Hartford without first filing with the Town Clerk the information
hereinafter specified and obtaining from such Town Clerk a license so to do,
to be known as a "garage sale license."
A.
Such license shall be issued to one person only twice
within a twelve-month period, and no such license shall be issued for more
than seven consecutive calendar days.
B.
Each license issued under this chapter must be prominently
displayed on the premises upon which the garage sale is conducted throughout
the entire period of the licensed sale.
The information to be filed with the Town Clerk pursuant to this chapter
shall be as follows:
A.
Name of the person, firm, group, corporation, association
or organization conducting said sale.
B.
Name of the owner of the property on which said sale
is to be conducted and the written consent of the owner if the applicant is
other than the owner.
C.
Location at which the sale is to be conducted.
D.
Number of days of the sale.
E.
Date and nature of all past garage sales in the Town
of New Hartford.
F.
Relationship or connection the applicant had with any
other person, firm, group, organization, association or corporation conducting
any past sale and the date or dates of such sales.
G.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
H.
Sworn statement or affirmation by the applicant signing
that the information therein given is full and true and known to him to be
so.
The merchandise offered at the sale shall be only used, unwanted items
of personal property acquired for normal use by the licensee. No new or used
merchandise from other sources shall be offered for sale.
[Amended 6-2-1999 by L.L.
No. 3-1999]
All garage sales shall be conducted between the hours of 9:00 a.m. and
6:00 p.m. only.
A.
Garage sales may be advertised through the newspaper
or other news media. One sign not greater in size than two by two feet may
be installed on the property where the sale is being conducted. All such signs
must contain the name and address of the person conducting the sale.
B.
No sign shall be placed on the public right-of-way or
on property other than where the sale is being conducted. No lighted signs
shall be used.
C.
The sign shall be displayed only during the sale and
shall be removed within 24 hours after completion of the sale.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and duties
as public officials.
C.
Any person selling or advertising for sale an item or
items of personal property which are specifically named or described in the
advertisement and which separate items do not exceed five in number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith without
knowledge of its false, deceptive or misleading character or without knowledge
that the provisions of this chapter have not been complied with.
E.
Any sale conducted by any merchant or mercantile or other
business establishment from or at a place of business wherein such sale would
be permitted by the zoning regulations of the Town of New Hartford or under
the protection of the nonconforming use provisions thereof, or any other sale
conducted by a manufacturer, dealer or vendor and which sale would be conducted
from properly zoned premises and not otherwise prohibited.[1]
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall be on
the organization or institution claiming such exemption.
A.
It shall be the duty of the Police Department of the
Town of New Hartford to investigate any violations of this chapter brought
to its attention by complaint or arising during performance of its normal
duties.
B.
The person to whom the license is issued and the owner
of the premises in the case of a license issued to a tenant of the premises
on which such sale or activity is conducted shall be jointly and severally
responsible for the maintenance of good order and decorum on the premises
during all hours of such sale or activity. No such person shall permit any
loud or boisterous conduct on said premises or permit vehicles to impede the
passage of traffic on any roads or streets in the area of such premises. All
such persons shall obey the orders of the Police Department or Fire Department
of the Town of New Hartford in order to maintain the public health, safety
and welfare.
Any person committing an offense against any provision of this chapter
shall, upon conviction, be guilty of a violation pursuant to the Penal Law
of the State of New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment. The
continuation of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense hereunder.
