[HISTORY: Adopted by the Town Council of the Town of Smithfield 2-7-1977 (Ch. 12, Art. VII, of the 1985 Code of Ordinances). Amendments noted where applicable.]
For the purpose of this chapter, the words and terms contained in this section shall have the meanings defined herein:
- CALENDAR YEAR
- The period of January 1 through December 31 of any year.
- Any building, or part thereof, including hotels, motels and rooming houses, that is used or occupied for human habitation, and to include dwelling premises, opportunities and facilities belonging to the dwelling or usually enjoyed therewith.
- FLEA MARKET
- The sale, barter or dealing in any manner with goods, wares, furniture, household furnishings or articles of any nature which are used, damaged, secondhand, irregular or otherwise not considered new in quality at a place of business, shop, store or outlet, whose substantial or principal business or source of income is derived from the sale of such goods; or any person who advertises or otherwise promotes the sale of any goods or articles as a flea market.
- A person, as defined herein, to whom a license has been issued by an official of the Town of Smithfield authorized to so issue, and for the specific dates and purpose indicated on said license.
- OFF-STREET PARKING
- The space provided or reserved for the temporary location of vehicles, and the actual parking of such, with said space being totally on land which is privately owned or leased.
- PERMITTED YARD SALE
- A yard sale conducted under the provisions of this chapter, and for which a permit has been issued by the Tax Assessor's office of the Town of Smithfield.
- A person, as defined herein, to whom a permit to conduct a yard sale has been issued by the Tax Assessor's office of the Town of Smithfield, and for the specific dates and purpose indicated on said permit.
- Any individual, natural person, partnership, joint venture, society, association, club, trustee, trust, corporation or incorporated group; or any officer, agent, employee, servant or any kind of personal representative of any thereof in any capacity, acting either for himself or herself or for any other person, under either personal appointment or designation or pursuant to law.
- PUBLIC PROPERTY
- Any land, building or other tangible property which is not privately owned and access thereon is generally available to the public at large.
- SIDEWALK SALES
- Sales conducted under the provisions of this chapter and for which a license for such sales has been issued by the Town Clerk. Such sales shall be specifically limited to be conducted from land between the street line and the private property line running parallel thereto and shall include, but not be limited to the following:
- YARD SALES
- The sale of items actually owned and accumulated by a person, and on private property, owned, rented or leased by the licensee; and such sale conducted in accordance with the provisions of this chapter. The term "yard sale" shall also mean "garage" or "barn" sale or any other term used to describe a sale of the type identified in this chapter under the term "yard sale." The intent of the provisions for yard sales, therefore, shall not be circumvented by using a different term to reflect such an activity.
- Unless specified otherwise in this chapter or in the execution documents related thereto, the word "year" shall mean the period January 1 through December 31 of any calendar year.
Violations of any provision of this chapter, and as defined as to applicability in Subsection A, shall subject the violator to the following fines and/or penalties:
A fine of not more than $100 per day for each violation, and for each day subsequent that such violation continues; and
Revocation of permit or license; provided, however, that the revocation of a license to conduct or operate a flea market may be revoked by the Town Council only after a duly advertised public hearing on the matter has been held and notice thereof given to the licensee.
This article is adopted pursuant to the authority granted to the Town Council by the General Assembly of the state during its January Session, 1976, and as titled in the following acts of said assembly:
An Act, "Authorizing the Town Council of the Town of Smithfield to Regulate and Control by Permit Yard Sales";
An Act, "Authorizing the Town Council of the Town of Smithfield to Regulate, Control and License Sidewalk Sales"; and
An Act, "Authorizing the Town Council of the Town of Smithfield to Regulate, Control and License Flea Markets."
The purpose of this chapter is to establish regulations, controls and licensing procedures concerning yard sales, sidewalk sales and flea markets in the Town.
The regulations in this chapter shall govern the provisions applicable to the categories identified by section catchlines, and as further addressed in other sections of this chapter.
Yard sales, as defined in § 347-1, shall be permitted in the Town only by compliance with the following requirements and provisions:
It shall be unlawful for any person to hold a yard sale of any type without a legal permit to do such. Said permits shall be issued only by the office of the Tax Assessor.
Permitted yard sales may be held and operated only by the person or persons who live on and own, lease or rent, the property on which the yard sale is conducted.
No more than two yard sales may be held in any one calendar year by any person or persons and on any one property.
Only items actually owned and accumulated by the owner or owners of the property on which the sale is being held, can be sold at a permitted yard sale; this provision shall specifically preclude the sale of items purchased from another source for the purpose of resale.
Permitted yard sales may be conducted, under a single permit, on two consecutive days or on two separate single days, as desired by the person obtaining the permit; this option must be made at the time the permit is requested and issued, however, and said permit will be valid only for the day or days so specified thereon. In the event a permitted yard sale is not held on any day or days due to inclement weather, the permittee may receive credit, without additional cost, for a future date or dates in the same calendar year by reapplication for a permit.
Permitted yard sales may be conducted only between the hours of 8:00 a.m. and 6:00 p.m.
Temporary signs publicizing the permitted yard sale may be displayed up to 24 hours prior to the start of said sale and during the permitted period of the sale. All such signs, however, shall be removed within 24 hours following the end of the permitted sale period. Signs shall not exceed four square feet in size, and each sign must be personally signed by the person to whom the permit has been issued.
The provisions of this section shall not apply to casual sales by minors, nor to legally recognized nonprofit organizations, if otherwise legally conducted, and no permit shall be required therefor. This provision shall in no way be used by any adult person or persons, however, to circumvent the provisions and intent otherwise applicable.
The Tax Assessor and the Chief of Police shall be responsible for and empowered to enforce the provisions of this section.
Sidewalk sales, as defined in § 347-1, shall be permitted in the Town only by compliance with the following requirements and provisions:
It shall be unlawful for any person to conduct a sidewalk sale of any type without a license to do such. Said license shall be issued only by the Town Clerk and only after approval of each and every said license by the Town Council. Applications for a license to conduct a sidewalk sale must be submitted in writing to the Town Council, which shall have the sole authority to approve or disapprove such license.
If the sidewalk sale is proposed to be conducted on private land not owned by the applicant, then the applicant shall be required to obtain the written consent of the land owner of record to allow the conduct of said sale, and for a date or period of time identical to that of the license applied for; said letter of consent shall be submitted with the application for license.
Letters of application for a license to conduct a sidewalk sale shall include, as a minimum:
The specific type of sidewalk sale proposed, to include a general description of the items to be sold;
The specific location of said proposed sale (by Assessor's plat and lot numbers);
The provisions made for required off-street parking; and
When applicable, the written consent of the land owner to use his or her land, if different from the applicant.
Licenses shall be approved and issued only if the sidewalk sale is conducted totally on private property, to include off-street parking related thereto; or if on any part of public property, in such a manner as to not disturb public use of such.
An issued license shall be valid only for authorized sales between 8:00 a.m. and 6:00 p.m. of any day covered by said license.
Temporary signs publicizing the licensed sidewalk sale may be permitted up to 24 hours prior to the start of said sale and during the licensed period of the sale. All such signs, however, shall be removed within 24 hours following the end of the licensed period.
The provisions of this section shall not apply to casual sales by minors, nor to legally recognized nonprofit organizations, if otherwise legally conducted, and no license shall be required therefor.
The Tax Assessor and the Chief of Police shall be responsible for and authorized to enforce the provisions of this section.
Flea markets, as defined in § 347-1, shall be permitted in the Town only by compliance with the following requirements and provisions:
It shall be unlawful for any person to conduct or operate a flea market of any type without a license to do such.
Licenses to conduct or operate a flea market shall be issued only by the Town Clerk and only after approval of every said license by the Town Council. Application for a license to conduct or operate a flea market must be submitted in writing to the Town Council, who shall have the sole authority to approve or disapprove such license.
Before granting a license to any person under the provisions of this section, the Town Council shall give notice of such application by causing an advertisement to be published, once a week for at least two weeks, in a newspaper of general circulation in the Town. Such notice shall include a statement that remonstrants are entitled to be heard before the granting of such license, and shall identify the time, date and place where a public hearing shall be held on the matter. At said public hearing, a fair opportunity shall be granted the remonstrants to make their objections known before acting upon said application for license.
Applications for a license to conduct or operate a flea market shall include, as a minimum:
The specific location of the land on which said flea market shall be conducted or operated (by Assessor's plat and lot numbers);
The provisions made for required off-street parking;
A statement that the building in which the flea market is conducted or operated is not a dwelling;
The required certificate from the state department of health as to approval of the sewage disposal system [See Subsection A(8), this section.]; and
Flea markets shall be authorized and licensed only within buildings and in retail sales zones only (B-1 or B-2), unless a special exception for such purpose is granted by the Zoning Board of Review of the Town prior to submission of an application and approval and issuance of a license.
An issued license shall only be valid for the stated date, dates or period of time stated thereon, and only during the hours of 9:00 a.m. to 9:00 p.m. on weekdays, 9:00 a.m. to 10:00 p.m. on Saturdays and 9:00 a.m. to 6:00 p.m. on Sundays and holidays. The granting of such a license shall not be considered as authority, either expressed or implied, to engage in Sunday sales without the required and separate license, nor authority to sell items, articles or goods on Sunday which are expressly prohibited by the General Laws of the state.
Off-street parking of vehicles must be provided in accordance with the specifications contained in the Zoning Ordinance of the Town. All parking areas must be paved, and parking spaces marked allowing for 290 square feet per vehicle space. Traffic-control costs shall be borne totally by the operator of the flea market and shall be as required and approved by the Chief of Police.
All buildings used for ancillary sales must be approved for such as to sewage disposal by the State Department of Health; in addition, if food is to be sold, a letter from the Food and Drug Division of said Department stating approval of sanitary conditions shall be required. Rest rooms must be provided for men and women.
At no time shall goods, wares or merchandise of any sort be displayed outside of any building.
Temporary signs publicizing a licensed flea market shall not be permitted. A permanent sign for the purpose of identifying and publicizing the licensed flea market shall be permitted providing said sign is in accordance with the provisions of the Zoning Ordinance of the Town. Notices of special sales are permitted to be affixed to and become part of a permanent sign on a temporary basis, but the entire permanent sign must be kept in a clean and neat condition at all times.
Flea markets will be permitted and licensed only if all activities related thereto are conducted and maintained entirely indoors.
The Tax Assessor and the Chief of Police shall be responsible for and authorized to enforce the provisions of this section.
Licenses and permits under this chapter shall be issued by the Town in accordance with the provisions of § 347-5 et seq. and the fee schedules contained in the following sections.
The fee for such a license shall be $5 per individual day, or $25 for a year license, at the option of the applicant.
The Police Department shall be informed by the Town Clerk of each flea market license issued.
Fees collected as a result of the issuance of permits and licenses under the provisions of this chapter shall be deposited in the general account of the Town.