As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALE
Sales commonly known as "garage sales," "lawn sales," "attic sales,"
"rummage sales" or "flea market sales" or any similar garage sales of tangible
personal property wherein goods are made available for sale to the public
at large.
PERSONAL PROPERTY
Includes movable and tangible things such as furniture, toys, clothing,
etc., maintained at the site of the garage sale for a period of six months
prior to the sale.
No person shall conduct a garage sale of personal property without first
obtaining a license from the Town Clerk. Such license shall be issued to the
owner or tenant of such household only twice within a calendar year, and no
such license shall be issued for more than three consecutive days. The license
fee for such sale as defined in this chapter shall be $5.
No sale shall be conducted except during the hours of 8:00 a.m. to 6:00
p.m., except Sunday when the hours will be 1:00 p.m. to 6:00 p.m.
The provisions of this chapter shall not apply to or affect the following
persons or sales:
A. Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however, that
the burden of establishing the exemption under this subsection shall be on
the organization or institution claiming such exemption.
B. Persons selling pursuant to an order or process of the
court.
C. Persons acting in accordance with their powers and duties
as public officials.
D. Any person selling or advertising for sale an item or
items of personal property which are specifically named and described in the
advertisement and which separate items do not exceed five in number.
E. Any sale conducted by a merchant or business establishment
from or at a place of business which is lawful.
Any person, association or corporation conducting any such sale or similar
activity without being properly licensed therefor or who shall violate any
of the other terms and regulations of this chapter shall, upon conviction,
be fined not less than $10 nor more than $250. Each day that such sale shall
continue without being duly licensed shall be considered a separate violation.