[HISTORY: Adopted by the Village Board of the Village of
Webster 6-8-1981 by L.L. No. 1-1981. Amendments noted where applicable.]
This chapter shall be known as the "Law Regulating and Restricting
Garage Sales."
Such rules and regulations as set up in this chapter are designed
to control and restrict garage sales in order to protect the public
health, safety and convenience and to restrict such sales to casual
and/or occasional occurrences only in keeping with the character of
the neighborhood where this activity is carried on and with the zoning
laws of the Village of Webster, New York. The intent of this chapter
is to eliminate perpetual, prolonged and extended garage sales in
residential areas. Such sales, if carried indefinitely, tend to become
retail businesses in residential areas and zones, create a nuisance
and usually violate the zoning regulations of the Village of Webster.
The provisions of this chapter arise from the need to limit, regulate,
restrict and control garage sales.
As used in this chapter, the following terms shall have the
meanings indicated:
The sale or offering for sale of 10 or more 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," "rummage sale" or "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 the sale.
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individuals, partnerships, family groups, voluntary
associations and corporations.
Includes all residential dwellings located within any type
of zone, zoned areas or zoning districts, whether or not said areas
or zones are residential, business or otherwise, within the geographic
boundaries of the Village of Webster.
All garage sales held pursuant to these provisions shall be
conducted between the hours of 9:00 a.m. and 6:00 p.m.
A.
Garage
sales may be advertised through the newspapers or other media.
B.
A
sign no larger in size than four square feet may be installed on the
property where the sale is being conducted. The sign shall be displayed
only during the sale and shall be removed within 24 hours after the
sale is concluded.
[Amended 6-9-1994 by L.L. No. 2-1994]
C.
No
sign or other display advertising the sale shall be placed on the
public right-of-way or on private property other than where the sale
is conducted. No lighted or illuminated signs shall be used.
This chapter shall not be applicable to:
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 nine in number. Notwithstanding
any provisions of this chapter, any person may sell up to nine secondhand
articles without being subject to the provisions of this chapter.
D.
Any
publisher of a newspaper, magazine or other publication or other communications
media who publishes or broadcasts anything 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 legitimate business or commercial or industrial
establishment properly zoned under the zoning regulations of the Village
of Webster and any other sale conducted by a business or commercial
or industrial establishment under the protection of the nonconforming
use section of the zoning laws, or by any other vendor, dealer, etc.,
when the sale is conducted in a properly zoned area and not otherwise
prohibited by the laws and ordinances of the Village of Webster and
State of New York or this chapter.
F.
Sales
by a bona fide charitable, eleemosynary, educational, cultural or
government institution, civic group, service club, religious or fraternal
society or other tax-exempt organization; provided, however, that
the burden of proof 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 Building Inspector, the Code Enforcement
Officer for the Village of Webster.
B.
It
shall be the duty of the Building Inspector to investigate any violation
of this chapter coming to the Building Inspector's attention
by complaint.
C.
If
after investigation a violation is found to exist, the Building Inspector
shall prosecute a complaint before a Town Justice of the Town of Webster,
pursuant to the provisions of this chapter.
[Amended 6-9-1994 by L.L. No. 2-1994]
D.
It
shall be the duty of the Webster Police Department to bring to the
Building Inspector's attention for further investigation any
alleged violations which the Police Department becomes aware of during
the course of its normal duties.
E.
The
person conducting the sale and the owner, tenant or occupant of the
premises where the sale or activity is conducted shall be jointly
or severally responsible for the maintenance of good order and decorum
on the premises during the hours of such sale or activity.
F.
No
such person shall permit any loud or boisterous conduct on said premises
or permit vehicles to impede the passage of the traffic on any roads
or streets in the area of the premises where the sale is being conducted.
G.
All
such persons shall obey reasonable orders from any member of the Webster
Police Department or the appropriate voluntary fire department in
order to maintain the public health, safety and convenience.
[Amended 6-9-1994 by L.L. No. 2-1994]
Any person, firm, association, corporation or other entity conducting
any such sale or similar activity who or which shall violate or fail
to comply with any provisions adopted pursuant to this chapter or
any other rules, terms, regulations or provisions adopted pursuant
to this chapter shall be deemed to be in violation, and the violator(s)
shall be liable for a fine of not more than $250 or imprisonment for
not more than 15 days, or both, and each day that such sale or violation
continues without being duly licensed shall be considered and shall
constitute a separate violation.
It is not the intention of this chapter to change or amend the
zoning laws, hawking and peddling laws and/or any other laws or ordinances
of the Village of Webster.
