Town of Cedarburg, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 7, Ch. 9 and § 8-1-34 of the 1991 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Direct sellers — See Ch. 130.
Junked vehicles and appliances — See Ch. 246, Art. II.

§ 163-1 Flea markets.

A. 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
FLEA MARKET
A market, indoors or out of doors, where new or used items are sold from individual locations, with each location being operated independently from the other locations. Items sold include, but are not limited to, household items, antiques, rare items, decorations, used books and used magazines.
FLEA MARKET SELLER
A person, firm or corporation selling items or offering items for sale at a flea market.
MARKET
A place where goods are sold to the public.
B. 
License required. No person, firm or corporation shall operate the business of renting space or allocating space to flea market sellers without first obtaining a license therefor from the Town Board. Applications for license shall be made to the Town Clerk on forms to be provided by the Town. Only one license shall be required for each flea market, and the individual flea market sellers shall not be required to obtain a license under this section. The fee for such license shall be as set by the Town Board. The Town Board may restrict the license for use on certain dates and times. The site for the flea market shall comply with Town zoning requirements.[1]
[1]
Editor's Note: See Ch. 320, Zoning.
C. 
Information to filed. The information to be filed with the Town Clerk, pursuant to this section, shall be as follows:
(1) 
Name of person, firm, group, corporation, association or organization conducting said sale.
(2) 
Name of the owner of the property on which said sale is to be conducted and consent of the owner if the applicant is other than the owner.
(3) 
Location at which the sale is to be conducted.
(4) 
Number of days of the sale.
(5) 
Date and nature of any past sale.
(6) 
Relationship or connection the applicant may have had with any other person, firm, group, organization, association or corporation conducting said sale and the date or dates of such sale.
(7) 
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
(8) 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
D. 
Records to be kept by licensee. Each person required by this section to obtain a license shall keep accurate records of the names and addresses of each flea market seller, together with a brief description of the type or types of merchandise offered for sale by that seller.
E. 
Secondhand stores excepted. No person, firm or corporation having a license as a secondhand store shall be required to obtain a license under this section for the same business location.
F. 
More than one market. Any person, firm or corporation renting or allocating space to flea market sellers in more than one place of business shall be required to obtain a license for each place of business, provided that one license shall be adequate for locations that are on the same lot, adjacent lots or lots separated only by an alley.
G. 
Unlawful transactions. No person shall sell or offer for sale at any flea market any goods known to such person to be stolen.
H. 
Purchases from children. No flea market seller shall purchase any used household item, antique or used article whatsoever from any person under the age of 18 years, unless such person is accompanied by the person's parent or guardian.
I. 
Hours. Flea markets may remain open for business between the hours of 9:00 a.m. and 9:00 p.m., unless otherwise specified on the license by the Board at time of issuance.
J. 
Penalty. In addition to the suspension or revocation of a license issued under this section, any person who shall violate any provision of this section or any regulation, rule or order made hereunder shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code.

§ 163-2 Garage sales.

A. 
Frequency of sales; ownership of merchandise.
(1) 
Garage sales, yard sales and similar merchandise sales may be held no more than five times per year at any residence and for a total of not more than 10 days in that year. All goods offered for sale shall be household goods or personal possessions from the residence where the sale is being held or, in the case of a group sale, from the residences of the participating households. In no case shall any sales become outlets for wholesale or retail commercial sales.
(2) 
Any garage sales, yard sales and similar merchandise sales by nonprofit, philanthropic or civic organizations must be approved by the Town Clerk and may held no more than five times per year for not more than a total of 10 days in that year. In no case shall any sales become outlets for wholesale or retail commercial sales.
B. 
Hours. Garage sales shall be conducted between 7:00 a.m. and 8:00 p.m. Each sale shall last no longer than four consecutive days.
C. 
Signs.
(1) 
Garage sale signs may not have an area more than 10 square feet with a maximum of two faces. Garage sale signs shall identify the location of the sale and must be located off of the Town right-of-way.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
No garage sale sign may be located on utility poles, traffic control devices or on property or the adjoining right-of-way of property the owner of which has not given explicit permission for its location.
(3) 
No garage sale sign shall be displayed more than one day before the sale or one day following the sale.
(4) 
No more than one garage sale sign may be located at the sale site and no more than two garage sale signs may be located off the site, except that two signs are permitted on corner lots, one facing each street.
D. 
Definitions. The following definitions are applicable to this section:
GARAGE SALE
All general sales open to the public, conducted from or on a residential premises, for the purpose of disposing of personal property, including but not limited to all sales titled rummage, lawn, yard, porch, room, backyard, patio or garage sale.
PERSONAL PROPERTY
Property which is owned, utilized and maintained 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.

§ 163-3 Display of vehicles and other items for sale.

A. 
Definitions. In this section, the following definitions will be used:
PROPERTY OWNER
The current owner, resident tenant, or lessee of the real property on which the vehicle or item is displayed.
SALE
Sale, lease, rental, exchange, donation or simply giving an item away.
SALE ITEMS
Any items other than vehicles, including household goods or personal possessions, such as appliances, tires, equipment or other pieces of personal property, which are placed in public view for sale or otherwise advertised for sale.
VEHICLE
Any motor vehicle, car, truck, tractor, motorcycle, boat, camper, recreational vehicle, trailer, go-kart, farm implement, agricultural equipment or other item designed for transporting or carrying people, cargo or itself from one location to another.
B. 
Conditional use permit needed. Except as provided in Subsections C and D below, no person may sell or display for sale vehicles or other sale items on or from any property in the Town unless a conditional use permit provides for such use.
C. 
Exceptions for vehicles sales. Vehicles may be offered and displayed for sale on property by the property owner, provided that the following conditions are met:
(1) 
Not more than one vehicle may be sold or displayed for sale at any one time on one piece of property.
(2) 
Not more than two vehicles may be sold in any one calendar year.
(3) 
Not more than three vehicles may be displayed for sale in any one calendar year.
(4) 
Such vehicles may not be displayed for more than a total of 30 aggregate days in any one calendar year.
D. 
Exceptions for sale items.
(1) 
Sale items may be offered and displayed for sale on property by the property owner, provided that the following conditions are met:
(a) 
Not more than one sale item may be sold or displayed for sale at any one time on one piece of property. For purposes of this subsection, a set of items, such as a set of tires, or a pair of items which must be sold as a set, are considered one sale item.
(b) 
Not more than two sale items may be sold in any one calendar year.
(c) 
Not more than three sale items may be displayed for sale in any one calendar year.
(2) 
Notwithstanding Subsection D(1) above, sale items may not be displayed for more than a total of 30 aggregate days, inclusive of all sale items displayed under this section, in any one calendar year.
E. 
The sale or display for sale of any sale items other than under the terms of this section must comply with § 163-2 regarding garage sales.