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005 GERALD A. VERGILIS. KENNETH M. STENGER ALBERT P. ROBERTS LOUIS 1. VIGLOrn JOAN F. GARRETT.. THOMAS R. DAVIS VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI, LLP AITORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS. NEW YORK 12590 (845) 298-2000 FAX (845) 298-2842 .ADMI'ITED TO PRACTICE IN NY &; FLA. ..ADMI'ITED TO PRACTICE IN NY &; CONN. e-mail: VSRPoBestWeb.net AECE~\!EL APf{ 1 (i 2002 ~:Ul;ER\!l80R'80FFfU: TOWN OFWAPPfNGU- OF COUNSEL: IRA A. PERGAMENT LEGAL ASSISTANTS: AMY E. DECARLO LISA MARTELL PHILIP GIAMPORTONE KAREN P. MACNISH VINCENT FILARDO, JR. POUGHKEEPSm OFFICE 276 MAIN MAlL POUGHKEEPSm, NY 12601 (845) 452-1046 ADDRESS REPLY TO: ( ) POUGHKEEPSIE ( ) WAPPINGERS VIA EMAIL AND REGULAR MAIL ~, (, " l April 15, 2002 i . Hon. Joseph Ruggiero, Supervisor Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Garage Sale Legislation File No. 12951.0529 Dear Joe: I enclose herewith a format of a proposed Local Law regarding control of garage sales. I am only copying Tatiana Lukianoff and Dan Wery on this proposed legislation. Please advise how you wish to proceed. Perhaps we should discuss at the next Building Department meeting. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI ~ P. ROBERTS APRlbg /' Enclosure cc: Tatiana Lukianoff, Zoning Administrator Daniel K. Wery, AICP Compliments of General Code Publishers NY Municipal Codes Chapter 141, GARAGE AND YARD SALES [HISTORY: Adopted by the Town Board of the Town of Blooming Grove 5-22-2000 by L.L. No. 3-2000. Amendments noted where applicable.] GENERAL REFERENCES Public assemblies -- See Ch. 82. Littering -- See Ch. 152. Peddling and soliciting -- See Ch. 173. S 141-1. Purpose. This chapter is intended to control and restrict garage and yard sales in order to protect the public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences in order to help maintain the character of residential neighborhoods. The intent of this chapter is to eliminate repeated, perpetual, prolonged and extended garage and yard sales in residential areas. Such sales, if continued without limit, tend to or may become retail businesses in residential areas, create a nuisance and violate the town zoning regulations. The provisions of this chapter arise from the need to limit and regulate garage and yard sales. It is not the intent of this chapter to amend any other chapter of the Town Code. S 141-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: GARAGE SALE: A. The sale or offering for sale of new, used or secondhand items of personal property at one or more residential premises at anyone time. B. Includes all sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale,""basement sale," "rummage sale," "flea market sale" or any similar casual sale of tangible personal property. GOODS -- Any items, goods, warehouse merchandise or other personal property capable of being the object of a garage sale. PERSONS -- Individuals, partnerships, family groups, voluntary associations and corporations. S 141-3. Permit required; fee; conditions for sales. A. It shall be unlawful for any person to conduct a garage sale within the Town of Blooming Grove without first obtaining a garage sale permit from the Town Clerk after filing an application containing the information specified in S 141-4. B. No person may participate in more than four garage sales in anyone calendar year. C. Not more than four garage sale permits shall be issued to a person in anyone calendar year. A permit shall be deemed issued to all persons selling goods in the garage sale. D. Not more than four garage sale permits shall be issued for anyone premises in anyone calendar year. A permit shall be deemed issued to all premises used for the garage sale. E. No premises may be used and no person may participate in a garage sale held on more than two consecutive weekends (or other two-day period). F. The maximum duration of a garage sale is two consecutive days. G. No goods shall be placed or stored outside except during the permitted duration of the garage sale. H. A garage sale may be held during daylight hours only. I. The garage sale permit must be posted at a visible location to the traveling public for the duration of the sale. J. 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. ~ 141-4. 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 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 all premises where the garage sale will be held. (3) The date(s) when the garage sale will be held. (4) The date(s) of any other garage sales held by any of the same persons and premises within the current calendar year. (5) An affirmative statement that the property to be sold is owned by the applicant(s) as the applicant(s)' own personal property and was neither acquired nor consigned for the purposes of resale. B. The Town Board may by resolution require the inclusion of additional information on the application form. ~ 141-5. Exemptions. This chapter shall not be applicable to: A. Persons selling goods pursuant to an order of process or 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 days and conducted by an auctioneer licensed by the State of New York. ~ 141-6. 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 shall obey any orders made by the Building Inspector and by any police, fire or other emergency service personnel. ~ 141-7. Signs. All signs must be removed no later than one day after the sale. ~ 141-8. Enforcement; penalties. A. This chapter shall be enforced by the Building Inspector, any police officer, and any other person so authorized by resolution of the Town Board. S. 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 include, but are not 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 discretion, issue a warning notice for a first violation. Chapter 76, GARAGE SALES [HISTORY: Adopted by the Town Board of the Town of Brighton at time of adoption of Code 1-24-1996 by L.L. No. 1-1996; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.] GENERAL REFERENCES Peddling and soliciting -- See Ch. 121. Signs -- See Ch. 207, Art. VI (Volume II). ~ 76-1. Definitions and word usage. A. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. B. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: GARAGE SALE -- Includes all general sales, open to the public, conducted from or on a residential premises or in any residential zone, as defined in the Comprehensive Development Ordinance of the town,EN for the purpose of disposing of personal property or other property, including but not limited to all sales entitled "garage," "lawn," "estate," "yard," "attic," "flea market" or "rummage sale." This definition shall not include a situation where no more than five (5) specific items are held out for sale and where all advertisement of such sale specifically names those items to be sold. PERSONAL PROPERTY -- Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment. ~ 76-2. Sale of other than personal property prohibited. It shall be unlawful for any individual to sell or offer for sale, under authority granted by this chapter, property other than personal property. Notwithstanding the foregoing, members of more than one (1) residence may join together in a single sale held at one (1) of their residences. ~ 76-3. Prohibited conduct. A. No more than two (2) garage sales shall be conducted from any single property during any calendar year. B. No garage sale shall be longer than three (3) days in duration. C. No garage sale shall open before 9:00 a.m. nor close after 6:00 p.m. local time. S 76-4. Third sale permitted. A third garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change of ownership of the real property is first presented to the Commissioner of Public Works or designee. S 76-5. Display of property in permitted areas only. [Amended 10-22-1997 by L.L. No. 7-1997] Personal property offered for sale during a garage sale permitted by the Code may be displayed in any yard. Personal property offered for sale, but not constituting a garage sale as defined in the Code, must be displayed within a residence, garage or carport or on a private driveway located in the rear yard. S 76-6. Signs. A. Signs permitted. Only the following specified signs may be 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. Removal of signs. Signs must be removed by the end of the final day of the sale. S 76-7. Responsibilities of owner or tenant. The owner or tenant of the premises on which such sale or activity is conducted shall be responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the Police or Fire Department of the town in order to maintain the public health, safety and welfare. S 76-8. Right of entry for enforcement and inspection. A police officer, the Commissioner of Public V'Jarks or designee or the Fire Marshal shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or issue an appearance ticket or, in the case of a police officer, arrest any individual who violates the provisions of this chapter. S 76-9. Parking; temporary controls. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale. S 76-10. Exemptions. The provisions of this chapter shall not apply to or affect the following: 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 bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, when the proceeds from the sale are used directly for the institution's or organization's charitable purposes and the goods or articles are not sold on a consignment basis. ~ 76-11. Notice of violation. The Commissioner of Public Works may issue a notice of violation to any person found to have violated this chapter. ~ 76-12. Penalties for offenses. Persons convicted of violating any provision of this chapter shall be subject to the penalties provided in Chapter 1, General Provisions. Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense.