Notice of Public Hearing: Garage Sale Permits
VILLAGE OF CANASTOTA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that there has been presented to the Village Board of Trustees of the Village of Canastota, New York, on November 6, 2023, pursuant to the Municipal Home Rule Law, proposed Local Law No. F-2023, titled, “A Local Law to Amend the Code of Incorporated Village of Canastota Chapter 160 Regarding Permitting For Sales On Temporary or Intermittent Basis” Said Local Law, if enacted, will formalize a permitting process for sales on a temporary or intermittent basis, which is already being used by the Village. The full text of said Local Law is on file at the Clerk’s Office at the Village Hall located at 205 South Peterboro Street, Canastota, New York for inspection by all interested persons during regular business hours.
NOTICE IS FURTHER GIVEN that on November 6, 2023, the Village Board determined that this proposed Local Law is an unlisted action pursuant to the State Environmental Quality Review Act and a negative declaration was adopted at that time.
NOTICE IS FURTHER GIVEN that the Village Board will hold a public hearing to consider proposed Local Law No. F-2023 at the said Village Hall on December 4, 2023 at 7:00 p.m. or as soon thereafter as the matter can be heard, at which time all persons interested will be heard.
CATHERINE E. WILLIAMS
Village Clerk/Treasurer
DATED: November 8, 2023
VILLAGE OF CANASTOTA
LOCAL LAW NO. F OF 2023
Be it enacted by the Trustees of the Village of Canastota as follows:
SECTION 1. LEGISLATIVE PURPOSE AND INTENT.
The purpose of this Local Law is to amend Article I, “Sales on Temporary or Intermittent Basis” of Chapter 160, “Sales,” of the Code of Incorporated Village of Canastota (the “Village Code”) to formalize a permitting process for sales on a temporary or intermittent basis, which is already being used by the Village.
SECTION 2. AUTHORITY.
This Local Law is enacted pursuant to the New York State Constitution and New York State Municipal Home Rule Law §10.
SECTION 3. AMENDMENT OF SECTION 160-1 (“DEFINITIONS”) OF THE VILLAGE CODE
Section 160-1, “Definitions,” is hereby amended to add:
“SALE”
For the purposes of this Article, “sale” shall refer to “sale of goods on a temporary or intermittent basis” as defined herein.”
SECTION 4. AMENDMENT OF SECTION 160-2 (“LIMITATIONS”) OF THE VILLAGE CODE
Section 160-2, “Limitations,” is hereby amended to read in its entirety as follows:
Ҥ 160-2 Limitations.
Within the Village of Canastota, the sale of goods on a temporary or intermittent basis may be engaged in only in compliance with the following requirements.
– No such sale shall occur without first application being made to the Office of the Code Enforcement Officer & Fire Marshall of the Village and a permit being obtained pursuant to Section 160-3.
– No more than two such sales shall occur upon any given lot or premises within a single calendar year.
– No particular sale shall extend for more than six calendar days from the date of the commencement of the sale, except that a single motor vehicle may be offered for sale for a period not exceeding 30 calendar days from the date it was first displayed for sale upon the premises. Upon the conclusion of the sale, all items must be removed from the premises by the owner. No items may be left at the curb for garbage pickup except in accordance with the Village’s general regulations for garbage and refuse collection.
– No item offered for sale shall be located or displayed closer than 10 feet from the public sidewalk or street line, as applicable.
– Signs advertising the sale of goods on a temporary or intermittent basis may be placed only in accordance with the applicable provisions of Chapter 230 of this Code.”
SECTION 5. AMENDMENT OF SECTION 160-3 (“PENALTIES FOR VIOLATIONS”) OF THE VILLAGE CODE
Existing Section 160-3, “Penalties for violations,” is hereby renumbered Section 160-4 and a new Section 160-3 is hereby enacted and added to the Village Code to read as follows:
Ҥ 160-3 Permit for sales on temporary or intermittent basis.
Any sale of goods on a temporary or intermittent basis may only occur within the Village after the individual conducting such sale has applied for a permit from the Office of the Code Enforcement Officer & Fire Marshall of the Village and obtained a permit for the same.
The following information must be provided as part of the permit application:
– Location of sale.
– Date of sale.
– Name of person conducting sale.
– Name of property owner where sale is to be conducted.
– Contact information for the applicant.
– Written consent of the property owner, if applicable.”
SECTION 6. SEVERABILITY.
If any clause, sentence, paragraph, word, section or part of this Chapter shall be adjudged by any court of competent jurisdiction to be unconstitutional, illegal or invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, word, section or part thereof, directly involved in the controversy in which said judgment shall have been rendered.
SECTION 7. EFFECTIVE DATE.
This Local Law shall be effective upon filing with the Office of the Secretary of State.