It shall be unlawful for any individual to sell
or offer for sale, under authority granted by this chapter, property
other than personal property. Notwithstanding the foregoing, members
of more than one (1) residence may join together in a single sale
held at one (1) of their residences.
A third garage sale shall be permitted in a
calendar year if satisfactory proof of a bona fide change of ownership
of the real property is first presented to the Commissioner of Public
Works or designee.
[Amended 10-22-1997 by L.L. No. 7-1997]
Personal property offered for sale during a
garage sale permitted by the Code may be displayed in any yard. Personal
property offered for sale , but not constituting a garage sale as
defined in the Code, must be displayed within a residence, garage
or carport or on a private driveway located in the rear yard.
The owner or tenant of the premises on which
such sale or activity is conducted shall be 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 town in order to maintain the
public health, safety and welfare.
A police officer, the Commissioner of Public
Works or designee or the Fire Marshal shall have the right of entry
to any premises showing evidence of a garage sale for the purpose
of enforcement or inspection and may close the premises from such
a sale or issue an appearance ticket or, in the case of a police officer,
arrest any individual who violates the provisions of this chapter.
All parking of vehicles shall be conducted in
compliance with all applicable laws and ordinances. Further, the Police
Department may enforce such temporary controls to alleviate any special
hazards and/or congestion created by any garage sale.
The provisions of this chapter 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 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.
The Commissioner of Public Works may issue a
notice of violation to any person found to have violated this chapter.
Persons convicted of violating any provision of this chapter shall be subject to the penalties provided in Chapter
1, General Provisions. Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate offense.