[HISTORY: Adopted 3-15-2018 by the Board of Selectmen of the Town of Somers, effective 4-5-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vendors, hawkers, peddlers, canvassers and solicitors — See Ch. 196.
ATTACHMENTS
Attachment 1 - Tag Sale Permit
[1]
Editor's Note: This ordinance superseded former Ch. 198, Vending and Sidewalk, Tag and Auction Sales, adopted 1-24-1983 by the Special Town Meeting of the Town of Somers, effective 2-25-1983.
As used in this chapter, the following terms shall have the meanings indicated:
PERSONAL PROPERTY
Property which is owned, utilized and maintained by an individual or members of his/her residence and acquired in the normal course of living or maintaining a residence. The term "personal property" shall not include merchandise which was purchased for resale or obtained on consignment.
RESIDENT
The person occupying residential premises in the Town of Somers as tenant or owner.
TAG SALE
Includes all sales of more than five items of personal property, open to the public, including, but not limited to, all sales entitled tag, garage, lawn, yard, attic, porch, driveway, room, backyard, patio, flea market, estate, or rummage sale.
A resident of the Town of Somers may conduct a tag sale at his residence. Two or more residents of the Town may jointly conduct a tag sale at one of their residences. A recognized local charitable or civic organization may conduct a tag sale, and the fees shall be waived at the discretion of the Board of Selectmen. This chapter shall not apply to any retail sales establishments conducting business within a commercial or industrial zone as an ongoing daily business operation.
No tag sale shall be conducted unless the individual desiring to conduct such tag sale has obtained a permit from the Town Clerk or other such person designated by the Board of Selectmen. Application for a permit shall be made no less than five days prior to the proposed date of the tag sale. Produce or vegetables grown on the land and sold on any public walk, street or thoroughfare anywhere within the Town of Somers are exempt from obtaining a permit. Retail sales establishments conducting business within a commercial or industrial zone as an ongoing daily business operation are also exempt from first obtaining a permit.
All tag sales shall be limited in duration to no more than three consecutive days. On each such day, no tag sale shall start before 8:00 a.m. and end at 6:00 p.m.
A. 
No person conducting a tag sale shall offer goods obtained on consignment or for the purpose of earning a fee, commission, or other compensation.
B. 
No more than three such permits may be issued to one residence and/or family household during any calendar year.
C. 
No sale item shall be located, and no sales activities shall be conducted, on any public sidewalk or other public property.
A. 
A maximum of six temporary signs not exceeding four square feet each, for purposes of necessary direction to the site of the tag sale, may be placed off the premises at the nearest principal street intersection.
B. 
Two additional temporary signs not exceeding six square feet each may be placed on the private premises of the sale site.
C. 
No sign shall be placed more than 24 hours prior to the opening hour of the sale.
D. 
All signs advertising the sale shall be removed within 24 hours after the time limit for such sale.
E. 
Signs may not be placed on utility poles or trees.
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. The Police Department may establish and enforce temporary controls to alleviate any special hazards and/or congestion created by any tag sale.
A police officer shall have the right of entry to any premises showing evidence of a tag sale for the purpose of enforcement or inspection. The officer shall have the authority, through the Board of Selectmen, Chief of Police and/or his/her designee, to close the premises from such a sale from an individual who violates the provisions of this chapter.