The Village Board of the Village of Shorewood
finds and declares that:
A.
The intrusion of nonregulated rummage sales is causing
annoyance to citizens and congestion of the streets in residential
areas of the Village of Shorewood.
B.
The provisions contained in this article are intended
to regulate the term and frequency of rummage sales so as to minimize
any disturbance or disruption resulting therefrom to the residential
environment of the area.
C.
The provisions of this article do not seek to control
the sales by individuals selling a few of their household or personal
items.
D.
The provisions and prohibitions hereinafter contained
are enacted not to prevent but rather to regulate rummage sales for
the safety and welfare of the residents of the Village.
For the purposes of this article, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
The area between the front property line adjacent to the
street upon which the building or structure fronts and the nearest
wall of the building or structure facing such street.
Property which is owned, utilized and maintained by an individual
or members of his or her residence 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 or merchandise
which belongs to friends, neighbors or relatives except as otherwise
provided herein.
The area between the rear lot line and the nearest point
of the principal building on said lot.
Includes all general sales open to the public conducted from or on a residential premises in any residential zone as defined by Chapter 535, Zoning, of the Village Code for the purpose of disposing of personal property, including but not limited to all sales titled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio" or "flea market." This definition shall not include a situation where no more than five specific items are held out for sale and all advertisements of such sale specifically name those items to be sold.
The area between the side lot line and the nearest point
of the principal building on said lot.
It shall be unlawful for any individual to sell
or offer for sale at a rummage sale in the Village property other
than personal property.
No more than one rummage sale shall be permitted
to be held at any residence or family household during any calendar
year except as hereafter provided. If members of more than one residence
join in the holding of such rummage sale, then such sale shall be
considered as having been held at the residence of each participating
member.
An additional rummage sale shall be permitted
in any calendar year upon satisfactory proof given to the Village
if:
Such rummage sales shall be limited in time
to no more than the daylight hours of three consecutive days or two
consecutive weekends (Saturday and Sunday).
Except as otherwise provided herein, no personal
property offered for sale at a rummage sale shall be displayed:
A.
Signs permitted. Only the following specified signs
may be displayed in relation to a pending rummage sale:
(1)
Two signs permitted. Two signs of not more than four
square feet shall be permitted to be displayed on the property of
the residence where the rummage sale is being conducted.
(2)
Directional signs. Two signs of not more than two
square feet each shall be permitted, provided that written permission
to erect said signs is received from the property owners upon whose
property such signs are to be placed.
B.
Time limitations. No sign or other form of advertisement
shall be exhibited for more than two days prior to the day such sale
is to commence.
C.
Removal of signs. Signs must be removed each day at
the close of the rummage sale or by the end of daylight, whichever
first occurs.
The individual or individuals holding a rummage
sale and the owner or tenant of the premises on which such 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 such sale or activity. No such individual shall permit any
loud or boisterous conduct on said premises nor permit vehicles to
impede the passage of traffic on any roads or streets in the area
of such premises. All such individuals shall obey the reasonable orders
of any member of the Police or Fire Department of the Village in order
to maintain the public health, safety and welfare.
A police officer or any other official designated
by any Village ordinance to make inspections under the licensing or
regulating ordinance or to enforce the same shall have the right of
entry to any premises showing evidence of a rummage sale for the purpose
of enforcement or inspection and may close the premises from such
a sale or cite any individual who violates the provisions of this
article.
All parking of vehicles shall be conducted in
compliance with all applicable Village laws and ordinances. Further,
the Police Department may enforce such temporary controls to alleviate
any special hazards and/or congestion created by any rummage sale.
The provisions of this article shall not apply
to or affect the following:
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 sale conducted by any merchant, mercantile or other business establishment from or at a place of business wherein such sale would be permitted by Chapter 535, Zoning, of the Village Code, or any other sale conducted by a manufacturer, dealer or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited by other ordinances.
D.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization when the proceeds
from the sale are used directly for the institution's or organization's
charitable purposes and the goods or articles are not sold on a consignment
basis.
Each article sold and every day a sale is conducted
in violation of this article shall constitute a separate offense.
