[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 6-2-1977 by L.L. No. 5-1977 (Ch. 20 of the 1968
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
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 advertised 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.
[Amended 7-6-1999 by L.L. No. 3-1999]
It shall be unlawful for any person to conduct
a garage sale in the Village of Monroe without first filing with the
Village Clerk the information hereinafter specified and obtaining
from such Village Clerk a license to do so, to be known as a "garage
sale license." The fee for such license shall be set, from time to
time, by resolution of the Board of Trustees.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
A.
Such license shall be issued to two persons and two
locations only twice within a twelve-month period, and no such license
shall be issued for more than four consecutive calendar days. Charitable,
religious and civic organizations may be allowed more than two licenses
with the approval of the Village Board.
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 Village
Clerk pursuant to this chapter shall be as follows:
A.
The name of the person, firm, group, corporation,
association or organization conducting said sale.
B.
The name of the owner of the property on which said
sale is to be conducted and the consent of the owner if the applicant
is other than the owner.
C.
The location at which sale is to be conducted.
D.
The number of days of sale.
E.
The date and nature of any past sale.
F.
Relationship or connection the applicant may have
had with any other person, firm, group, organization, association
or corporation conducting said sale and the date or dates of such
sale.
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 person signing
that the information therein given is full and true and known to him
to be so.
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. A sign not greater in size than 20 inches by
14 inches may be installed on the property where the sale is being
conducted.
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 48 hours after completion of the sale. Only
signs supplied by the village may be used. The fee for said sign shall
be the cost of the sign to the village, which fee is payable to the
Clerk.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order of 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 the advertisement
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 Village
of Monroe or under the protection of the nonconforming use section
thereof or any other sale conducted by a manufacturer, dealer or vendor
and which the sale would be conducted from properly zoned premises
and not otherwise prohibited by law.
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.
This chapter shall be enforced by the Police Department.
It shall be the duty of the Police Department to investigate any violation
of this chapter coming to its attention, whether by complaint or arising
from its own personal knowledge and if a violation is found to exist,
it shall prosecute a complaint before the Village Justice pursuant
to the provisions of this chapter.
B.
The person to whom such license is issued and the
owner or 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 reasonable orders of any member of the
Police Department or Fire Department of the Village of Monroe in order
to maintain the public health, safety and welfare.
[Amended 7-6-1999 by L.L. No. 3-1999]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this chapter shall, upon conviction, be subject to a penalty as set forth in Chapter 1, Article II, General Penalty, § 1-14. Each day that such sale shall continue without being duly licensed shall be considered a separate violation.
It is not the intent of this chapter to change
or amend the sign ordinances of the Village.
