[HISTORY: Adopted by the Town Council of
the Town of Westerly 8-13-1991 by Ch. No. 983 as §§ 7-201 through 7-206
of the 1991 Code. Amendments noted where applicable.]
As used in this chapter, the following definitions
shall apply:
Includes any goods, merchandise or other property capable
of being the object of a sale regulated hereunder.
Includes all sales entitled "yard sale," "garage
sale," "lawn sale," "attic sale" or
any similar casual sale of tangible personal property which is advertised
by any means whereby the public at large is or can be made aware of
the sale.
[Amended 2-8-2010 by Ch.
No. 1708]
[Amended 9-26-2005 by Ch. No. 1556]
A.
Such license shall be issued to any one person only
once within a three-month period, and no such license shall be issued
for more than two consecutive calendar days.
B.
Each license issued under this chapter must be prominently
displayed on the premises upon which the yard sale is conducted throughout
the entire period of the licensed sale.
C.
A yard sale shall not be permitted or licensed at
any one location, lot, tract or parcel of land more than once within
a three-month period.
[Amended 5-22-2006 by Ch. No. 1574; 2-8-2010 by Ch. No. 1708]
The application for the license shall be made on a form provided
by the Town Clerk and shall contain the following information:
A.
Name of
person, firm, group, corporation, association, or organization conducting
such sale.
B.
Name of
owner of the property on which such sale is to be conducted, and consent
of owner if applicant is other than the owner.
C.
Location
at which sale is to be conducted.
D.
Number of
days of sale.
E.
Date of
any past sale.
F.
Whether
or not applicant has been issued any other vendor's license by any
local, state or federal agency.
G.
Sworn statement
or affirmation by the person signing that the information therein
given is full and true and known to him to be so.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
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 person selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed five in
number.
[Amended 5-22-2006 by Ch. No. 1574; 2-8-2010 by Ch. No. 1708]
A.
Any person
conducting any yard sale without being properly licensed therefor
or who shall violate any of the other terms and regulations of this
chapter shall, upon conviction, be fined not less than $75 nor more
than $200.
B.
All members
of the Police Department are authorized to enforce the provisions
of this chapter.
[Added 4-18-2016 by Ch.
No. 1858]
The provisions of this section shall apply to persons who advertise
items as free for the taking in a visible manner on their own private
property and outside their own place of residence.
A.
Any item or items of five or fewer of personal property for free
or for sale may not be placed outside prior to sunrise and must be
removed by sunset on the day of which they are advertised.
B.
Any item or items of personal property for free or for sale may not
be placed outside for more than seven consecutive calendar days. After
such time the item(s) may no longer be displayed.
C.
This section shall not apply to the advertisement of more than five items. The advertisement of more than five items shall be considered a yard sale and shall comply with Chapter 256 (Yard Sales) and the requirements listed therein.
D.
If an item is advertised prior to sunrise or otherwise remains outside
after sunset and/or is advertised for more than seven consecutive
days, the Town Department of Public Works or its privately contracted
designee may remove and dispose of said item and the Town may assess
a fine to the property owner of up to $100 as well as the actual cost
of disposal.
E.
The provisions of this section shall be enforced by the Police Department
and/or the Department of Public Works.
