The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Personal property means property which is owned, utilized and maintained by an individual or members of his 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.
Yard sale means and includes all general sales, open to the public, except as exempted under sections 18-66 and 18-67, conducted from any district as defined by the zoning ordinance, as amended in this article, for the purpose of disposing of personal property, including but not limited to all so-called garage, lawn, yard, attic, porch, room, backyard, patio, flea market, or rummage sales. This definition shall not include a situation where not more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold. "Yard sales" shall include sales held in business districts or on business premises, but individuals conducting sales shall meet all pertinent requirements of this article. Merchants allowing use of their premises for such sales shall not be required to acquire a permit under this article.
(Ord. of 5-11-78, § 1(10-10.1))
Cross reference— Definitions and rules of construction generally, § 1-2.
No yard sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the town clerk. Members of more than one residence may join in obtaining a permit for a yard sale to be conducted on the premises designated in the permit.
(Ord. of 5-11-78, § 1(10-10.3))
Prior to the issuance of any yard sale permit, the individuals conducting such sale shall file a written statement with the town clerk, during regular office hours at the town office, in advance of the proposed sale, setting forth the following information:
Full name and address of applicants.
The location at which the proposed yard sale is to be held.
The date when the sale shall be held.
An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired nor consigned for the purposes of resale.
(Ord. of 5-11-78, § 1(10-10.4))
False information. Any permit issued under this article may be revoked or any application for issuance of a permit may be refused by the town clerk if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
Conviction of violation. If any individual is convicted of an offense under this article, the town clerk is not to issue such individual another yard sale permit for a period of two years from the time of conviction.
(Ord. of 5-11-78, § 1(10-10.15))
There shall be an administrative processing fee as prescribed from time to time by resolution of the board of commissioners and kept on file in the town clerk's office, for the issuance of such permit.
(Ord. of 5-11-78, § 1(10-10.5))
The permit shall set forth and restrict the time and location of such yard sale. No more than two such permits for no more than two consecutive days only for each permit may be issued to a residence during any calendar year.
(Ord. of 5-11-78, § 1(10-10.6))
Before issuing a permit, the town clerk may conduct, or have a member of the police department conduct, an investigation such as may reasonably be necessary to determine if there is compliance with this article.
(Ord. of 5-11-78, § 1(10-10.9))
Any permit in possession of the holders of a yard sale shall be posted on the premises in a conspicuous place so as to be seen by the public and the town clerk.
(Ord. of 5-11-78, § 1(10-10.10))
It shall be unlawful for any individual to sell or offer for sale, under authority granted by this article, property other than personal property.
(Ord. of 5-11-78, § 1(10-10.2))
Such yard sales shall be limited in time to no more than the daylight hours of the days for which the permit is granted.
(Ord. of 5-11-78, § 1(10-10.7))
The individual to whom such permit is issued and the owner or 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 individual shall permit any loud or boisterous conduct on such 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 department in order to maintain the public health, safety and welfare.
(Ord. of 5-11-78, § 1(10-10.12))
Signs permitted. Only the following specified signs may be displayed in relation to a pending yard sale.
Two signs permitted. Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the yard sale is being conducted.
Directional signs. Two signs of not more than two square feet each are permitted as directional signs to the yard sale, provided written permission to erect such signs is received from the property owners upon whose property such signs are to be placed.
Time limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
Removal of signs. Signs must be removed at the close of the yard sale activities or by the end of daylight, whichever first occurs.
(Ord. of 5-11-78, § 1(10-10.11))
If a yard sale is not held on the date for which the permit is issued or is terminated during the day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the town clerk may issue another permit to the applicant for a yard sale to be conducted at the same location within 30 days from the date when the sale was to be held. No additional permit fee is required.
(Ord. of 5-11-78, § 1(10-10.8))
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 yard sale.
(Ord. of 5-11-78, § 1(10-10.14))
Town police officers shall have the right of entry to any premises showing evidence of a yard sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates the provisions of this article.
(Ord. of 5-11-78, § 1(10-10.13))
The provisions of this article shall not apply to or affect the following:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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 town zoning regulations.
(Ord. of 5-11-78, § 1(10-10.16))
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization shall be exempt from the permit fee set in this article when the proceeds from the sale are used directly for the charitable purposes of such institution or organization and the goods or articles are not sold on a consignment basis. However, such institution or organization shall apply for a permit and all applicable provisions of this article shall be enforced as to such organizations.
Any person claiming to represent any such organization, and claiming exemption as provided in this section, and who, after investigation, is determined not to be representing such an organization, shall be deemed to be in violation of this article.
(Ord. of 5-11-78, § 1(10-10.17))
Every article sold and every day a sale is conducted in violation of this article shall constitute a separate offense.
(Ord. of 5-11-78, § 1(10-10.18))