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LL 08 Special Sales Events a STATE OF NEW YORK DEPARTMENT OF STATE 41 STATE STREET ALBANY,NY 12231-000 1 ELIOT SPITZER LORRAINE A.CORTts-VAzQUEZ GOVERNOR SECRETARY OF STATE December 11, 2007 Town Clerk 742 Bay Road Queensbury NY 12804 RE: Town of Queensbury, Local Law No. 8, 2007, filed on November 28, 2007 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.state.ny.us/corp/misc.htm1. Sincerely, Linda Lasch Principal Clerk State Records and Law Bureau (518) 474-2755 WWW.DOS.STATE.NY.US • E-MAIL:INFO@DOS.STATE.NY.US 1 r. L+DcQ6 LQW FLL LjZg NEW YORR'STATE DEPARTMENT OF STATE 41 STATE S1?j3n ALBANY,NY 12z31 (Use this form to the a local law with the Secretary of State.)_ Teat of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. AMW Local Law No.------ ------------------•---__� of the year 20I22__ A local law- Enact in�_Local Law N o . : 8 Q f QQ� Q«1�1��AsL_ ,e�uT y To w n_ C o E - i ------------------------------- -- a Be it enacted-by the ---�9.1,cn__&aaxtL_�__«_«_------------- -____------------------_---of the ----------------------------------- _--____--------------- as follows: lbwn Section 1.Purpose and Intent. This local law provides for amendments to Chapter 161 of the Code of the Town of Queensbury to provide for the regulation of garage sales throughout the Town. This local law is adopted pursuant to section TO of.the Municipal Home Rule Law-and Article 16 of the Town Law. -- - Section 2. Amendment to §161-1 of the Code of the Town of Queensbury. §161-1 shall be amended to read: This chapter shall be titled"Special Sales Events and Garage Sales." Section 3. Amendment to §161-4 of the Code of the Town of Queensbury. §161-4 shall be amended to include e following definition: u (If additional space is needed,attach pages the same size as this sheet,and nwnbereach.) GARAGE SALES - The sale of household or personal items from private residential property, on a temporary basis that may or may not have been advertised. Other common names include, but are not limited to, "tag sale," "yard sale," "porch sale," "tent sale," "rummage sale," or"attic sale." Section 4.Amendment to §161-5 of the Code of the Town of Queensbury. §161-5 shall be amended to include the following subpart: C. Garage sales shall be permitted in the Town and shall be restricted to weekends only. For the purposes of this section only, a weekend shall be defined as beginning Friday at 8:00 A.M. through Monday at 5:00 P.M. All pre-existing, non-conforming garage sales are excluded from having to comply with this section until May 1, 2008. Section 5. Amendment to §161-10 of the Code of the Town of Queensbury. §161-10 subpart B shall be amended to read: B. In the event that any special sales events or garage sales conducted or any building, structure or land or site is used in violation of this chapter or any permit or approval issued or made hereunder, the Code Compliance Officer, Director of Buildings and Code Enforcement, Zoning Administrator, Fire Marshal, or other proper local authorities of the Town may, in addition to seeking other remedies, penalties and/or fines, institute any appropriate actions or proceedings to: (1) Prevent such unlawful conduct or business or use of any building, structure, land or site; (2) Restrain, correct or abate such violation; (3) Prevent the occupancy of said building, structure, land or site; and/or (4) Prevent any illegal act, conduct,business or use in or about such premises. Section 6. Amendment to §161-11 of the Code of the Town of Queensbury. §16 1-11 shall be amended to read: In addition to the Town of Queensbury officers and/or employees authorized, expressly or by implication, to administer and enforce this chapter, the Code Compliance Officer, Director of Building and Code Enforcement, Zoning Administrator and Fire Marshal for the Town of Queensbury are expressly delegated the duty and responsibility to administer and enforce the provisions of this chapter and, in furtherance thereof, to issue appearance tickets as defined, authorized and set forth in Article 150 of the Criminal Procedure Law of the State of New York. (2) Section 7. Severability. If any clause, sentence, paragraph, subdivision, section, or part of this Local Law or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this Local Law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered. Section 8. Effective Date. This Local Law shall take effect upon filing with the New York State Secretary of State. (3) (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) t. (Final adoption by local legislative body only.) (hereby certify that the local law annexed hereto,designated as local law No. —8_____________________________ of 20-21. u e e n s b u r ____ was duly passed by the A the(6'W�XTown)( of--- ----------------Y------------------------------------- ------T-4 w ----4 dd--------------------- on--11-1.1-9------ 20 R7_,in accordance with the applicable provisions of law. Name oJleaislaave Body) _ Z. (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---___ f of the(CountYXCity)(Town)(Vrllage)of-------------------------------------_---_--_------------—__-__ was duly passed by the ----------------------------------------------- on------------------ 20---,and was(approvedXnot approved)(repassed after rw_o/Lesiata -Bode) disapproval)by the------------------------------------------------- and was deemed duly adopted on ----------------- 20----, Cksef ) in accordance with the applicable provisions of law. s. (Final adoption by referendum.) hereby certify that the local law annexed hereto,designated as local law No. -------------------—--------------of 20------ &the(CountyXCity)(1bwn)(Village)of-----------------------—-------------------------------------- was duly passed by the -------------------------------------------------- on—---------------- 20----,and was(approved)(not approved)(repassed after Hoare QfLes7 U&V Body) isapproval)by the------------------------------------------------- on------------------- 20----. Such local law was submitted (Ekcfie CAW tea') the people by reason of a (mandatory)(permissive)referendum,and received the affirmative vote of a majority of ie qualified electors voting thereon at the(generalXspecialXannual).election held on------------------ 24___ ,in cxordanee with the applicable provisions of law. (Subject to permissive referendum and final adoption because no valid petition was filed requesting. referendum.) hereby certify that the local law annexed hereto,designated as local law No. _--------------—-------_-----_ of 20---.- !the(CountyxCity)(Town)(Village)of--_----_�_�_____----- -----____-----------_----------- was duly passed by the ---------- _-------------------------------- _--- on------------------ 20_w_,and was(approved)(not approvedXrepassed after we o/LeSbAodw Atody) sapproval)by the--------------------------------------------------Qn------------------ 20--- . Such local law was subject to a Or -elwyE--dwe owe.•) rmissive referendum and no valid petition requesting such referendum-was filed as of----------------- 20•-.- ,in cordance with the applicable provisions of law. aective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- ,ide basis or,if there be none,the chairperson of the county legislative body,the mayor of a city or village,or le supervisor of a town where such offimr Is vested with the polrer to approve or veto local laws or ordinances. 1 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto,designated as local law No.---$______________________________ of 20 Q 7_ 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)(gcneral)election.held on-----------------_20___, 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 Mal 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 finall dopted in the manner in- dicated in paragraph---- above. Ckrkor do Coimy 100dufm body.Cky,Tome w or offim dwipabd by Jwd k&Wn body (Seal Date: November " , 2007 - (Certification to be executed by County Attorney,Corporation Counsel,Town Attorney,Village Attorney or other authorized attorney of locality.) Mn OF NEW PORK Warren ODUNTY OF I,the undersigned,hereby certify that the foregoing local law contains the correct text and xhat all proper proceedings have been had or taken for the enactment of the local law a xed he to. J. Mat& Noordsl Town Counsel Tick 6 county City of Queensbury Town Village Date: Novembergp , 2007 (5) o Postal Lrl -I- (Domestic Mail Only;No Insurance Coverage Provided) TIFIED MAJL,. RECEIPT Ln M Q^ Postage $ fu O Certified Fee O C] Return Receipt Fee Postmark (Endorsement Required) Here Qom-. Restricted Delivery Fee m (Endorsement Required) O Total Postage&Fees 3 Ln , nto Street,Apt.No.; or PO BOx NoSt .1 ` --- YOL c . City,State,ZIP+4 "''" "" t a " PS Form :0i2002 See Reverse for Instructions GENERAL 72 Hinchey Road •� Rochester, NY 14624 p:800/836-8834 fax:585/328-8189 email:sales@generalcode.com 11/29/2007 #241253 Ms. Darleen M. Dougher: The following material has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): Local Law No. 8-2007. Town of Queensbury C/O Clerk's Office 742 Bay Road Queensbury, NY 12804 yy IlitliFi�f}li3!{ii5filli liiiil i tt It I Hill I I i 11111111iti itilltl