[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 6-23-2015 by Ord. No. 10-2015. Amendments noted where applicable.]
Special sales — See Ch. 301.
As used in this chapter:
- GARAGE SALES
- Shall mean and include all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," or "flea market sale," or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of this sale.
- Shall mean and include any goods, merchandise or other property capable of being the object of a sale regulated hereunder.
- Any single-family or multifamily residential dwelling, individual apartment unit, individual cooperative unit or individual condominium unit.
It shall be unlawful for any person to conduct a garage sale in the Town without first filing with the Town Clerk the information hereinafter specified and obtaining from the Town Clerk or his or her designee, a license to do so, to be known as a "garage sale license."
The fee for such license shall be fixed at $5.
A license shall be issued to any household only three times during the twelve-month period and shall specify the days of the sale. No license shall be issued for more than three consecutive calendar days.
In the event that inclement weather causes one or more days of a scheduled sale to be canceled, the holder of the license shall be entitled to hold the sale the following week, on the same day of the week as originally scheduled, upon first presenting the license to the Town Clerk, who shall make the necessary date changes thereon.
Each license issued under this section must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
No garage sale license shall be issued unless a written application is first filed with the Town Clerk or his or her designee containing the following information:
Name of person, firm, group, corporation, association, or organization conducting the sale.
Name of the owner of the property on which the sale is to be conducted, and consent of owner if applicant is other than owner.
Location at which the sale is to be conducted.
Number of days of the sale.
Date, nature of any past sale.
Relationship or connection applicant may have had with any other person conducting a sale and the date or dates of such sale.
Whether or not applicant has been issued any other vendor's license by any local, state or federal agency.
A certification by the person signing that the information therein given is full and true and known to be so.
All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only.
Signs shall not be posted more than three days prior to the sale and placement of signs anywhere in Town must conform with all applicable laws, including but not limited to the Code of the Town of Dover.
Signs shall be removed within 24 hours after the completion of the sale. If signs are not removed within 24 hours of the completion of the sale, there shall be imposed a fine of $5 per day for each day or part thereof that the sign remains.
The provisions of this section shall not apply to or affect the following persons or sales:
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 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 in number.
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein the sale would be permitted by the Zoning Regulations of the Town or under the protection of the nonconforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor who would conduct the sale from properly zoned premises and not otherwise prohibited in this revision.
The person to whom such license is issued and the owner or tenant of the premises on which the 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 the sale or activity. No person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any road or streets in the area of the premises. All persons shall obey the reasonable orders of any member of the Police or Fire Departments in order to maintain the public health, safety and welfare.
This chapter shall be enforced by the Police Department, Code Enforcement Department and the License Inspector. It shall be the duty of the Police Department, Code Enforcement Department and the License Inspector to investigate any violations of this chapter coming to their attention, whether by complaint or arising from their personal knowledge, and if a violation is found to exist, they shall issue a summons and/or prosecute a complaint before the local Municipal Court pursuant to the provisions of this chapter.
Any person conducting any sale or similar activity without being properly licensed therefor or who shall violate any of the other terms and regulations of this section shall, upon conviction, be fined not less than $25 nor more than $100 or be imprisoned for a period not to exceed 10 days for each violation. Each day that the sale shall continue without being duly licensed shall be considered a separate violation.