[HISTORY: Adopted by the Town Board of the Town of Niskayuna 3-2-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
It is the purpose of this chapter to set limits and conditions for conducting
garage sales on residential property.
As used in this chapter, the following terms shall have the meanings
indicated:
The sale of 10 or more new or used items of personal property at
any one residential premises at any one time. The term "garage sale" shall
include all sales in residential areas entitled "garage sale," "yard sale,"
"tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage
sale," "estate sale" or any similar casual sale of tangible property which
is advertised by any means whereby the public is or can be made aware of the
sale.
A.
Participants. At least one seller shall be a resident
of the premises or an authorized agent of the estate from which the garage
sale is conducted.
B.
Goods to be sold. The sale of goods shall be limited
to those belonging to the seller conducting the sale which were acquired by
the seller for his or her own use, whether or not such goods were actually
used by the seller. Such sales shall not include goods, new or used, specifically
acquired by the seller for resale.
C.
Number and frequency of sales. No more than three garage
sales shall be conducted at the same premises or by the same person in any
one calendar year. Such sales shall not be conducted for longer than three
consecutive days.
D.
Hours of sale. Garage sales shall be conducted between
the hours of 9:00 a.m. and 6:00 p.m. only.
E.
Responsibility for conduct of sales. The person conducting
such sales shall be responsible for the maintenance of good order during the
hours of sale.
The Code Enforcement Officer or his duly authorized designee shall have
authority to enforce the provisions of this chapter.
Any person or persons who shall violate any of the provisions of this
chapter shall be guilty of an offense and shall be punishable by a fine of
not more than $250 or imprisonment for not more than 15 days, or both. Each
day that a violation continues shall be deemed a separate offense.