Chapter 14. Yard and/or Garage Sales
14.101
Purpose
14.102
Definitions
14.103
Property Permitted to be Sold
14.104
Permitted Number of Yard Sales Per Year
14.105
Hours of Operation
14.106
Notification
14.107
Display of Property For Sale
14.108
Parking
14.109
Duty to Remove Goods From View
14.110
Responsibilities
14.111
Signs
14.112
Inspections
14.113
Exemptions
14.114
Enforcement; complaints
14.115
Separate Offenses
14.116
Penalties
14.101
PURPOSE
These
Rules and regulations are designed 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 only.
The intent of this chapter is to eliminate perpetual, prolonged and
extended garage and yard sales within the jurisdiction of the Town of
Campobello. The provisions of this chapter arise from the need to
limit, regulate and control garage and yard sales.
14.102
DEFINITIONS
As
used in this chapter, the following terms shall have the meanings
indicated:
Yard
/Garage Sale
A.
The sale or offering for sale of new, used or secondhand items of
personal property at any one (1) residential premises at any one (1)
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”, or any similar casual sale of tangible
personal property.
Goods
Any
goods, warehouse merchandise or other personal property capable of being
the object of a sale regulated hereunder.
Residential
Any
dwelling or structure that is used as a single family dwelling rather
than for business or commercial purposes.
Municipality
All
residential dwellings located within any type of zone, zoned area,
zoning district, whether or not said areas or zones are residential,
business, commercial or otherwise, within the geographic boundaries of
the Town of Campobello.
Persons
Individuals, partnerships, family groups, voluntary associations and
corporations.
Personal Property
Property which is owned, utilized and maintained by an individual or
members of the residence and acquired in the normal course of living in
or maintaining residence. It does not include merchandise which was
purchased for resale or obtained on consignment.
14.103
PROPERTY PERMITTED TO BE SOLD
Property which is owned, utilized and maintained by an individual or
members of the residence and acquired in the normal course of living in
or maintaining residence. It does not include merchandise which was
purchased for resale or obtained on consignment.It shall be unlawful for
any individual to sell or offer for sale, under the authority granted by
this chapter property other than personal property or handmade items.
14.104
PERMITTED NUMBER OF YARD SALES PER MONTH
It
shall be unlawful for any resident and/or family household to conduct
more than two (2) yard sales during any one (1) calendar month. If
members of more than one residence and or family household join in the
operation of a garage sale, it shall be considered as a garage sale for
each and all such residences and/or family households.
14.105
HOURS OF OPERATION
Such
yard/garage sales shall be limited in time to no more than the daylight
hours of two consecutive days.
14.106
NOTIFICATION
Persons planning to hold a yard/garage sale shall notify the proper town
officials of the location and date.
14.107
DISPLAY OF PROPERTY FOR SALE
Personal property offered for sale may be displayed within the
residence, in a garage, in a carport or in a yard, but only such areas.
No personal property offered for sale shall be displayed in any public
right of way.
14.108
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 yard/garage sale.
14.109
DUTY TO REMOVE GOODS FROM VIEW
It
shall be the duty and obligation of any person conducting a yard sale or
garage sale defined herein to remove all articles and goods offered for
sale, from the public view, by sundown on the last day said sale is
held. In no event shall any yard sale or garage sale be conducted for
more than two consecutive days.
14.110
RESPONSIBILITIES
The
individual(s), owner(s) or tenant(s) 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(s) shall permit any
loud or boisterous conduct on said premises nor permit vehicles to
impede the passage of traffic on any roads, streets or sidewalks 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 of
Campobello in order to maintain the public health, safety and welfare.
14.111
SIGNS
A.
Signs Permitted. Only the following specified signs maybe
displayed in relation to a pending yard/garage sale:
1.
Two (2) signs permitted. Two (2) signs of not more than four (4)
square feet each shall be permitted on the property of the residence
where the yard/garage sale is being conducted.
2.
Two (2) directional signs permitted. Two (2) signs of not more
than two (2) square feet each are permitted, provided that the premises
upon which the yard/garage sale is conducted has given permission to
erect such signs on their property.
3.
All signs placed on the right of way of any thoroughfare, light
pole, driveway or intersection must not interfere with the view of
motorists and pedestrians or impede the safe flow of traffic.
B.
Time limitations. No sign or other form of advertisement shall
be exhibited for
more
than twelve (12) hours prior to the commencement of such a sale.
C.
Removal of Signs. All signs must be removed immediately upon the
conclusion
of the sale.
14.112
INSPECTIONS – ARREST AUTHORITY OF INSPECTOR
A
Campobello Police Officer , or any other official designated by the
Police Chief, shall have the right of entry upon any premises showing
evidence of a yard sale or garage sale, for the purpose of enforcement
of the Ordinance and shall make inspections to enforce the same and
shall have the right to issue citations for violations of this
Ordinance.
14.113
EXEMPTIONS
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 sale conducted by any merchant or other business
establishment from or at a place of business having a current Town of
Campobello Business License permitted by Zoning Ordinances not otherwise
prohibited in other ordinances.
D.
Any bona fide charitable, educational, cultural, or governmental
institution or organization, when the proceeds from the sale are used
directly for the organization’s charitable purposes and the good or
articles are not sold on consignment basis.
14.114
ENFORCEMENT; COMPLAINTS
A.
This chapter shall be enforced by the Campobello Police
Department, and it shall be its duty to investigate and prosecute any
violation of this chapter.
B.
If, after an investigation, a violation is found to exist, the
Police Department shall prosecute a complaint before Campobello
Magistrate Court pursuant to the provisions of this chapter.
14.115
SEPARATE OFFENSES
Every
article sold and every day a sale is conducted in violation of this
chapter shall constitute a separate offense.
14.116
PENALTIES
Any
person found guilty of violating the terms of this chapter shall be
fined not less than $50.00 nor more than $400.00 plus all fees and
assessments for each offense and/or be imprisoned up to 20 consecutive
days.