[HISTORY: Adopted by the Town Council of the Town of Westerly 8-13-1991 by Ch. No. 983 as §§ 7-201 through 7-206 of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following definitions shall apply:
GOODS
Includes any goods, merchandise or other property capable of being the object of a sale regulated hereunder.
YARD SALES
Includes all sales entitled "yard sale," "garage sale," "lawn sale," "attic 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 the sale.
[Amended 2-8-2010 by Ch. No. 1708]
A. 
It shall be unlawful for any person to conduct a yard sale in the Town without first obtaining from the Town Clerk a license to do so, to be known as "yard sale license."
B. 
The fee for such license shall be as specified in Chapter 121, Fee Schedule.
[Amended 9-26-2005 by Ch. No. 1556]
A. 
Such license shall be issued to any one person only once within a three-month period, and no such license shall be issued for more than two consecutive calendar days.
B. 
Each license issued under this chapter must be prominently displayed on the premises upon which the yard sale is conducted throughout the entire period of the licensed sale.
C. 
A yard sale shall not be permitted or licensed at any one location, lot, tract or parcel of land more than once within a three-month period.
[Amended 5-22-2006 by Ch. No. 1574; 2-8-2010 by Ch. No. 1708]
The application for the license shall be made on a form provided by the Town Clerk and shall contain the following information:
A. 
Name of person, firm, group, corporation, association, or organization conducting such sale.
B. 
Name of owner of the property on which such sale is to be conducted, and consent of owner if applicant is other than the owner.
C. 
Location at which sale is to be conducted.
D. 
Number of days of sale.
E. 
Date of any past sale.
F. 
Whether or not applicant has been issued any other vendor's license by any local, state or federal agency.
G. 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
The provisions of this chapter shall not apply to or affect the following persons or sales:
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 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.
[Amended 5-22-2006 by Ch. No. 1574; 2-8-2010 by Ch. No. 1708]
A. 
Any person conducting any yard sale 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 $75 nor more than $200.
B. 
All members of the Police Department are authorized to enforce the provisions of this chapter.
[Added 4-18-2016 by Ch. No. 1858]
The provisions of this section shall apply to persons who advertise items as free for the taking in a visible manner on their own private property and outside their own place of residence.
A. 
Any item or items of five or fewer of personal property for free or for sale may not be placed outside prior to sunrise and must be removed by sunset on the day of which they are advertised.
B. 
Any item or items of personal property for free or for sale may not be placed outside for more than seven consecutive calendar days. After such time the item(s) may no longer be displayed.
C. 
This section shall not apply to the advertisement of more than five items. The advertisement of more than five items shall be considered a yard sale and shall comply with Chapter 256 (Yard Sales) and the requirements listed therein.
D. 
If an item is advertised prior to sunrise or otherwise remains outside after sunset and/or is advertised for more than seven consecutive days, the Town Department of Public Works or its privately contracted designee may remove and dispose of said item and the Town may assess a fine to the property owner of up to $100 as well as the actual cost of disposal.
E. 
The provisions of this section shall be enforced by the Police Department and/or the Department of Public Works.