[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.]
A.
FLEA MARKET
FLEA MARKET SELLER
MARKET
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:
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.
A person, firm or corporation selling items or offering items for
sale at a flea 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]
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.
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]
(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.
GARAGE SALE
PERSONAL PROPERTY
Definitions. The following definitions are applicable
to this section:
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.
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.
A.
PROPERTY OWNER
SALE
SALE ITEMS
VEHICLE
Definitions. In this section, the following definitions
will be used:
The current owner, resident tenant, or lessee of the real property
on which the vehicle or item is displayed.
Sale, lease, rental, exchange, donation or simply giving an item
away.
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.
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.
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.
