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.
DWELLING
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.
LICENSEE
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.
PERMITTEE
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.
PERSON
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:
A.
Commercial sale of produce grown on land for which the license is sought;
B.
Commercial sales of produce grown elsewhere; or
C.
Casual sales of produce and other items of personal property not otherwise
licensed by state or municipal law.
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.
YEAR
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.
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:
A. An Act, "Authorizing the Town Council of the Town of
Smithfield to Regulate and Control by Permit Yard Sales";
B. An Act, "Authorizing the Town Council of the Town of
Smithfield to Regulate, Control and License Sidewalk Sales"; and
C. 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.
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.
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.