LL #12-2002RK STATE
RTMENT OF
TATE
' NEW 41STATESTREET,AALBAI`tY NY 11-231
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
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39*
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TownMW --
412 of the year 20 -PZ-
Local Law No. ------- ----------------------------- a and Yard
A local law ---- autitled-
of 2002 _ Re lation of Garag_____
(been Tide)
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Be it enacted by the-----�v<�so�i�1_nreeodY�
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TEXT COMZENCES ON NE%T PAGE
(if additional space is neecic,d, :attach page=s the same size as this sheet, and num.fer each.)
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DOS -3Q (Rei'. 11,99)
LOCAL LAW NO. 12 OF 2002
TOWN OF WAPPINGER
ALocal Law entitled "Local Law No -12 of 2002, Regulation of Garage and Yard Sales in
the Town of Wappinger."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title:
and cited as Town of Wappinger Local Law No. 1_=
This Local Law shall be known
titled "Local Law No. �_ of 2002, Regulation of Garage and Yard Sales in the Town
of 2002, en
of Wappinger" and by the adoption hereof shall create and add Chapter 143 to the Code of the
Town of Wappinger.
Sectiva.iL•
hereby adopts a new Chapter 143 to the Code of the Town of Wappinger to read
The Town Y
as follows:
,,CHAPTER 143
GARAGE AND YARD SALES
§ 143-1. Title.
This chapter shall be entitled "Garage and Yard Sales."
§ 143-2. Legislative Intent and Purpose.
The legislative intent and purpose of this Local Law is to adopt a new Chapter in
g
the Town of Wappinger Code to establish the conditions pursuant to which
residents may conduct occasional garage and/ of yard
own Board that a number sales at their premises of
within the Town. It has come to the attention rage and yard sales at their
residents are having frequent and/ or repeated g
homes, in effect turning their residential premises ite where retail a has determined that n orders
is conducted in a residential area. The
Town welfare and convenience of the
to protect the public health, safety, general
O:\WAPP[NGE\Town Board\LOCAL LAW\Garage-YardSales\Law-2002.doc
Final — June 19, 2,002 and Amended — June 26, 2002
residents of the Town of Wappinger, it has become oral occurrences m order to help
garage and yard sales to casual and/ or occas
er of
Th
maintain the non -business residential charactresidential
rolonged and exttendede
intent of this Chapter is to eliminate repeated, perp,P
garage and yard sales in residential Zoning Districts.ucretailebusinesstesund
without limitation, tend to have the effect of establishingand compromising the
residential areas, creating a public nuisance and altering
orho
residential character of residential neighbhe Town Zoning Code. Thebe
spirit and intent of the Town Master Plan and t
rovisions of this Chapter arise from the need to adopt egula i ns c ntrolling the
psalesin
frequency, number and extent of garage and yard
nei hborhoods. It is not the intent of this Chapter to amend any other Chapter of
g
the Town Code.
§ 143-3. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
GARAGE SALE — The sale or offering for sale of new, used or secondhand
items of personal property at one or more residential premises at any one time,,
including all sales in residential areas entitled "garage sale", "yard sale",
" "attic sale", "basement sale", "rummage sale",
sale' "porch sale", "lawn sale", ible personal property.
"flea market sale", or any similar casual sale of tang
PERSONAL PROPERTY — Items, goods, merchandise,main aired by furniture or
other tangible property which is owned, utilized an such individuals m
individual or members of his/ dacquired res dence.bIt does not include
the normal course of living m or maintaining a
merchandise which was purchased for resale or obtained on consignment.
PERSONS — Individuals, partnerships, family groups, voluntary associations and
corporations.
§ 143-4. Permit required; fee; conditions for sale.
It shall be unlawful for any person to conduct a garage sale within
A.
t first obtaining a Garage Sale Permit from the Town
the Town Wappinger withou
Clerk after filing an application containing the information specified in § 143-5.
O:`,WAPPINGE\Town Board\LOCAL LAW\Garage-YardSales%Law-2002.doc
Final —June 19, 2002 and Amended — June 26. 2002
B. It shall be unlawful for any individual to sell or offer for sale,
under authority granted by this Chapter, property other than personal property as
defined herein. Notwithstanding the foregoing, members of more than one (1)
residence may join together in single sale held at one of their residences.
C. No person may participate in more than four (4) garage sales in any
one (1) calendar year.
D. Not more than four (4) garage sale permits shall be issued to any
one person in any one (1) calendar year.
E. Not more than four (4) garage sales permits shall be issued for any
one premises in any one (1) calendar year; a permit shall be deemed issued to all
premises used for the garage sale.
F. No premises may be used and no person may participate in a
garage sale held on more than two (2) consecutive weekends (or other two-day
period).
G. The maximum duration of a garage sale is three (3) consecutive
days.
H. No personal property or goods to be sold at the yard or garage sale
shall be placed or stored outside except during the permitted duration of the
garage sale.
1. A garage sale may be held during daylight hours only.
O:I.WAPPRNGE\Tom Board\LOCAL LAW\Garage-YardSales\Law-2002.doc
Final — June :9, 2002 and Amended — June 26, 2002
J. The garage sale permit must be posted at a visible location to the
traveling public for the duration of the sale.
K. Each permit application shall be accompanied by a fee if and as
may be set from time to time by Resolution of the Town Board.
§ 143.5. Application requirements.
A. Prior to issuance of any garage sale permit, the persons conducting
such sale shall file a written application form with the Town Clerk at least five (5)
business days in advance of the proposed sale. The application form shall require
at least the following information:
(1) Full name(s) and address(es) of the applicant(s);
(2) The location of the premises where the garage sale will be held;
(3) The location of all premises where garage sales have been held
by any of the same persons and premises within the current
calendar year;
(4) The date(s) of any other garage sales held by any of the same
applicants and premises within the current calendar year;
(5) An affirmative statement that the personal property to be sold
is owned by applicant(s) as the applicant(s)' own personal
property and was neither acquired not consigned for the
purposes of resale.
B. The Town Board may by Resolution require the inclusion of
additional information on the application form as may be necessary to effectuate
the purposes of this Local Law.
O:`,WAPPINGG`,Town Board\LOCAL LAW\Gara,.e-YardSales\Law2002.doc
Final - June 19, 2002 and Amended - June 26, 2002
§ 143.6. Exemptions.
This Chapter shall not be applicable to:
A. Persons selling goods pursuant to an Order of Process or pursuant
to an Order of a Court of competent jurisdiction.
B. Persons acting in accordance with their powers and duties as public
officials.
C. Any sale conducted by any lawful and legitimate business or
commercial or industrial establishment or any sale conducted by any other vendor
or dealer in a time, place and manner not otherwise prohibited by state or local
laws.
D. Any public auction having a duration of no more than two (2) days
and conducted by an auctioneer licensed by the State of New York.
§143.7. Conduct.
A. The persons to whom a garage sale permit is issued, the persons
participating in the sale, and the owner, tenant or occupant of the premises where the sale
is conducted shall be jointly and severally responsible for the maintenance of good order
and decorum on the premises during the hours of the sale.
B. No person shall permit any loud or boisterous conduct on the premises or
permit persons or vehicles to impede the passage of traffic on any streets in the area of
the premises where the sale is being conducted.
C. In the event of an emergency, all persons to whom a permit has been
0AWAPPINGDTown Board\LOCAL_ I_AWtGarage-YardSales\Law-2002.doc
Final — June 19, 2002 and Amended —.lune'_(.2002
issued shall obey any orders made by the Zoning Administrator, or by any police, fire or
other emergency service personnel.
§143.8. Signs.
A 4i �n�� Permitted. Only the following specified signs maybe
displayed in relation to a pending garage sale:
(1) Two (2) signs permitted. Two (2) signs of not more than six
(6) square feet each are permitted to be displayed on the
property of the residence where the garage sale is being
conducted.
(2) Directional signs. Two (2) signs of not more than six (6)
square feet each are permitted on other premises, provided that
written permission to erect said signs is received from the
property owners upon whose property such signs are to be
posted.
B. Time limitations. No sign or other form of advertisement shall be
exhibited for more than two (2) days prior to the day such sale is to
commence.
C. Removnl of signs. All signs must be removed by the end of the final
day of the sale.
0AWAPP[NGE'rown Board\LOCAL LAW\Garage-YardSales\Law-2002.doe
final - lune 19, 2002 and Amended — June 26, 2002
§143.9. Parking; temporary controls.
All parking of vehicles shall be conducted in compliance with all applicable laws,
codes and ordinances. Further, the Dutchess County Sheriff or his duly appointed
deputies or the New York State Police may enforce such temporary controls to
alleviate any special hazards and/ or congestion created by any garage sales.
§143.10. Enforcement; penalties.
A. This Chapter shall be enforced by the Zoning Adminsitrator, any
police officer, and any other person so authorized by Resolution of the Town
Board.
B. Any person who or which violates any provision of this Chapter or any
lawful order made pursuant to this Chapter shall be subject to the payment of a
fine. Such persons shall include, but not be limited to, the person(s) who applied
for the garage sale permit, the owner and occupant of the premises specified on
the garage sale permit application form, and all persons participating in and all
premises used for the garage sale. For a first violation, the amount of said fine
shall not exceed $100, and for a second and each subsequent violation, said fine
shall not exceed $250 per violation. Each day that a violation continues shall
constitute a separate and distinct violation.
C. The enforcement officer may, in his/ her discretion, issue a warning
notice for a first violation."
o:\WAFPINGE\To-i Board\LOCAL LAM.Gara.e-YardSales\Law-2002.doc
Final -June 19. 2002 and Amended -June 2h, 2002
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
, invalidity or unconstitutionality, or inapplicability shall
person or circumstance, such illegality
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent that this Local Law would have been adopted if such illegal,
invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been
included therein, and if such person or circumstance to which the Local Law or part thereof is
held inapplicable, had been specifically exempt therefrom.
Serum TV: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
O:\WAPPING F_\To,,%m Board'.LOCAL LAW\Gara.e-YardSales\Law-2002.doc
Final — Jun,: 19, 2002 and Amended — Juue 26.2002
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. --------k12---------------------- of 2002-_
of the . )(Town)() of -----ap-P;LUg-eX--------------------------------------------- was duly passed by the
---------- ToFm.Hoar-d---------------------- onAugust_5__.__ 2002-, in accordance with the applicable provisions of law.
(:Name afLegulative Badv)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20-__-_-
of the (County)(Citv)(Town)(Village) of --------------------- ---------------------------'----""-"" -
was duly passed by the
_______________________________________________ on ------------------ 20 -- , and was (approved)(not approved)(repassed after
(Name of Legislative Bodv)
disapproval) by the -------------------------------------------------- and was deemed duly adopted on ------------------ 20----,
(Elective Chief Executive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(Village) of -------------------------------------------------- was duly passed by the
--------------------------------------------------- on ------------------ 20-_-_ , and was (approved)(not approved)(repassed after
(,Name of Legislative Bodv)
disapproval) by the ------------------------------------------------- on--------- 20'-'- • Such local law was submitted
(Elective Chief Exeeurive Officer'')
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on ------------------ 20L--- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the (County)(City)(Town)(ViIla ee) of --------------------------------------------- was duly passed by the
________ on ------------------ 20---- , and was (approved)(not approved)(repassed after
___________________________________
(,Name of Legislative Bodvl
disapproval) by the -------------------------------------------------- on ------------------ 20 --- • Such local law was subject to
tVecuve Chief Exeeuitve Offiezr•)
permissive referendum and no valid petition requesting such referendum was filed as of __________________ 20---- , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or. if there be none, the chairperson of the county legislative body, the mayor of a city or village, or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
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5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local lav annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the City of --------------------------------------------- having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(general) election held on------------------- 70 ----
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. ----------------------------------- of 20 ------
of the County of ---------------------------------------------------- State of New York, having been submitted to the electors
at the General Election of November ---------------------- 20----, pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding.local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph -----1-----, above. / // Q /% CIA/
(Sea!)
Clerk of the County legislative bodv� City, o0 or
or officer designated by local legislative y
GLORIA J .1MASE
Date:
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DIITCHFSS
I. the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings
have been had or taken for the enactment of the '
..•RM ll *-TPW VOIN•
Town
of Wappinger
Date: — — - 2002
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