New York Mills
Oneida County, NY
§ 110-1. Definitions.
The following terms shall have the meanings indicated:
GARAGE SALE -- 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 and takes place outside the confines of a retail store.
GOODS -- Includes any goods, warehouse merchandise, any item that requires New York State registration that is currently unregistered, such as cars, trailers, boats, snowmobiles or recreational vehicles, or other property capable of being the object of a sale regulated hereunder.
PERSON -- 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.
§ 110-2. License required.
It shall be unlawful for any person to conduct a garage sale in the Village of New York Mills without first filing with the Village of New York Mills Clerk the information hereinafter specified and obtaining from such Village Clerk a license so to do, to be known as a "garage sale license". Said license must be obtained no less than seven days before the proposed garage sale.
§ 110-3. Term and display of 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.
C. Notwithstanding anything to the contrary herein, no more than three garage sales may be held at any one location or lot within any twelve-month period.
§ 110-4. Required licensing information.
The information to be filed with the Village 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 past garage sales conducted by applicant in the Village of New York Mills for a period of two years prior to application for the garage sale license.
F. Relationship or connection the applicant had with any other person, firm, group, organization, association or corporation conducting any past sale within the said two-year period 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 complete and true and known to him to be so.
§ 110-5. Source of merchandise offered for sale.
The merchandise offered at the sale shall be only used, unwanted items or personal property acquired for normal use by the licensee. No new or used merchandise from other sources shall be offered for sale. This section shall be interpreted liberally so as to allow neighbors to conduct group sales and so as to allow relatives to pool their resources.
§ 110-6. Hours of sale.
All garage sales shall be conducted between the hours of 9:00 a.m. and sunset.
§ 110-7. Advertisements; signs.
A. One sign not greater in size than three feet by three 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. All signs shall be displayed only during the sale and shall be removed within 24 hours after completion of the sale. This includes any sign erected on cooperating properties.
§ 110-8. Exemptions.
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 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.
D. 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 New York Mills 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.
E. 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.
§ 110-9. Enforcement; responsibility for good order.
A. It shall be the duty of the Police Department of the Village of New York Mills or the Village Code Enforcement Officer to investigate any violations of this chapter brought to its/his attention by complaint or arising during performance of its/his 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 Village of New York Mills in order to maintain the public health, safety and welfare and shall contact the appropriate authorities should there be any breakdown of order.
§ 110-10. Penalties for offenses.
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.