Chapter 133, Garage Sales

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Chapter 133, Garage Sales

Section 133-1

As used in this chapter, 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.

GOODS -- Include any goods, warehouse merchandise 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 occupying the same dwelling unit.

CONTINUOUS GARAGE SALE- includes any sales as defined under Garage Sale which happens more than three times in the year per household or address within a twelve month period.

§ Section 133-2 Source of Merchandise Offered for Sale

The merchandise offered at the sale shall only be used, unwanted items of personal property acquired for normal use by the licensee.

§ Section 133-3 Hours of sale

All garage sales shall be conducted between the hours of 9:00 a.m and 6:00 p.m. only.

§ Section 133-4 Advertisements; signs.

A. Garage sales may be advertised through the newspaper or other news media. One (1) sign not greater in size than two by two (2 x 2) feet may be installed on the property where the sale is being conducted (or other personal property). All such signs must contain the name and address of the person conducting the sale.

B. No sign shall be placed on the public right-of-way without permission of the Chief of Police of the Village of Ilion. No lighted signs shall be used.

C. The sign shall be removed within twenty-four (24) hours after completion of the sale.

§ Section 133-5 Exemptions

Exemptions shall be as follows:

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 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 five (5) in number.

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 Ilion 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.

§ Section 133-6 Enforcement; responsibility for good order

A. It shall be the duty of the Code Enforcement Officer, the Fire Chief, members of the Village of Ilion Police Department or other designee of the Village Board of the Village of Ilion to investigate any violations of this chapter brought to its attention by complaint or arising during performance of their normal duties. Continuous Garage sales will not be tolerated and will be fully investigated.

B. The person holding a garage sale and the owner of the premises in the case of 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 Code Enforcement Officer, Fire Department, members of the Village of Ilion Police Department or other designee of the Village of Ilion in order to maintain the public health, safety and welfare.

§ Section 133-7 Penalties for offenses; civil penalty provision

A. Property owner. For any person who is a property owner in the village, whether a person, firm or corporation, who or which violates the provisions of this chapter, the village may cause the violation to be corrected. Any and all work required to be performed and the cost thereof, plus fifty percent (50%) for administration and supervision added thereto, shall become a lien upon the property owner's property on/near where said work was performed or violation occurred and shall be added to become a part of the taxes next to be assessed and levied upon said property and shall be collected and enforced in the same manner as taxes. Property owners shall also be subject to the fines as set forth in § 133-7B and C.

B. Not property owner. Any person who is not a property owner, whether a person, a firm or a corporation, who or which violates any provision of this chapter shall be liable for a civil penalty of not more than two hundred dollars ($200.) per day for each day or part thereof during which such violation continues.