"Yard sale" or "garage sale," means a display and sale from a residence or residential property of personal property which has been owned or previously used. The term "yard sale" or "garage sale" does not include the mere incidental sale of one or two items of personal property when such sale is not part of a general sale of a number of items of personal property.
No person shall conduct any yard sale or garage sale without first obtaining a permit from the town. All such sales shall be subject to the following rules and regulations:
(1) Permits. All persons conducting a yard sale must obtain a permit from the tax collector. Applications for the permit are available in the Finance Office. The yard sale permit fee is $5.00.
(2) Consignment sales prohibited. No one shall accept or take in for sale any goods from any commercial business or enterprise on a consignment basis for sale in a yard sale.
(3) Signs. Two (2) off-site directional signs may be permitted for each yard sale, but only during the hours the sale is actively being conducted. Off-site signs must be removed at the close of the sale activities, or by the end of daylight, whichever first occurs, each day of the sale. No freestanding signs may be placed in the public right-of-way.
(4) Number limited. Not more than two such sales per year shall be held at the premises if occupied by the same family or any member of such family. No single sale shall be conducted for longer than two consecutive weekends, or more than seventy-two hours in a single week.
(5) Hours. Yard sales or garage sales may be conducted during daylight hours only.
(6) Unowned premises. No yard sale or garage sale shall be permitted on premises not owned or controlled by the person holding the sale. Any violation of this requirement shall be referred to the zoning inspector for investigation of possible violation of the zoning ordinance, and to the tax collector for investigation of possible violation of the business license taxation ordinance.
Violations of the Town’s yard sale ordinance shall subject the offender to a civil penalty in the amount of fifty dollars ($50.00) to be recovered by the town. Violators shall be issued a written citation which must be paid within seventy-two hours. Each day's continuing violation of the ordinance shall be a separate and distinct offense.