[HISTORY: Adopted by the Annual Town Meeting of the Town
of Easton 5-23-1977 by Art. 43
(Art. 27 of the 1922 Bylaws). Amendments noted where applicable.]
It is the intent of these rules and regulations that a mechanism
be provided to place reasonable and appropriate controls on the activity
of offering for sale secondhand articles within residential areas
of the community. It is also the intent of these rules and regulations
to ensure that groups, individuals or corporations who or which customarily
engage in the sale of secondhand articles as a business are limited
to those locations within the Town that are designated by the Zoning
Bylaws for such business activities.
As used in this chapter, the following terms shall have the
meanings indicated:
Police Department.
Office of the Town Clerk.
[Amended 5-18-2009 ATM
by Art. 38]
The sale for not more than two consecutive days of old or
used articles upon residential property where the material to be sold
originates from said property or from other residential properties
in the immediate neighborhood.
A.
Yard sales: may be held in the Town of Easton pursuant to a permit
granted by the Office of the Town Clerk as the Agent of the Select
Board, subject to the following conditions:
[Amended 5-18-2009 ATM
by Art. 38; 5-20-2019 ATM by Art. 21]
(1)
The number of garage sales an owner or resident or qualified organization
may conduct shall be limited to three per calendar year.
(2)
All material available for the sale shall originate from the premises
on which the sale takes place or from other residential properties
in the immediate neighborhood.
(3)
No sign or advertising device shall be placed within any street right-of-way,
including freestanding signs, or any sign affixed to street signs,
traffic and regulatory warning signs or any utility poles within such
right-of-way. No such sign or advertising device shall be placed on
any public tree.
(4)
Any authorized signs may be displayed on the premises for not more
than two days.
(5)
No person customarily engaged in the business of conducting garage
sales shall participate in any way in a garage sale directly or indirectly
unless said garage sale is conducted on said person's property
and then, only providing none of the material is brought in from outside
sources for purpose of resale.
(6)
Such sale shall not exceed two days' duration.
B.
The Office of the Town Clerk, upon request, may waive the requirement
that all material to be sold originate from the property on which
the sale is to take place, provided that the sale is under the sponsorship
of an Easton-based nonprofit organization whose purpose is to provide
service or charitable work.
[Amended 6-9-2003 ATM,
Art. 13; 5-18-2009 ATM by Art.
38]
[Amended 5-18-2009 ATM
by Art. 38]
A.
Any person, organization or corporation intending to conduct a yard
sale, or any similar activity by a different name shall make application
for a permit to conduct such activity at the office of the Office
of the Town Clerk no less than five calendar days prior to the date
of the proposed activity.
B.
If an application is favorably acted upon by the Office of the Town
Clerk, a permit shall be issued to the person, organization or corporation
to conduct such activity and said permit shall be available at all
times on the site during the term of the sale.
[Amended 6-9-2003 ATM,
Art. 13; 5-18-2009 ATM by Art.
38]
A.
The Police Department shall be responsible for enforcement of these
rules and regulations and upon request of a police officer, any person
conducting any activity governed by these rules and regulations, shall
make available for inspection by the Police Officer the permit granted
by the Office of the Town Clerk.
[Amended 5-18-2009 ATM
by Art. 38]
B.
A person found by a police officer not to be in compliance with the
rules and regulations as heretofore set forth shall, upon such police
officer's order, cease such activity immediately or comply with
the directive of the police officer to bring into conformity that
portion of the activity which is deemed to be in violation of these
rules and regulations.
C.
If a duly authorized yard sale in the opinion of the Commanding Officer
of a particular shift, is creating a safety hazard through the parking
of vehicles by the individuals attending the sale, the Commanding
Officer may direct such permittee to remedy the situation.
D.
Signs or advertising devices in violation of these rules and regulations
found to be affixed to any utility pole, street sign, traffic warning
or regulatory signs within the right-of-way of any street shall be
removed by any police officer observing the same.
E.
Whoever violates any provisions of these rules and regulations shall
be subject to a fine for each offense not exceeding $100.
[Amended 6-9-2003 ATM,
Art. 13]
[Amended 5-18-2009 ATM
by Art. 38]
A.
Nothing contained in these rules and regulations shall require the
Office of the Town Clerk to issue a permit if, in his opinion, the
public interest would be adversely affected by so doing.
B.
The Select Board may waive strict compliance with any of the above
rules and regulations if after its examination of the facts in a particular
case such waiver can be granted without derogating from the intent
and purpose of these rules and regulations.
[Amended 5-20-2019 ATM by Art. 21]
[Amended 5-18-2009 ATM
by Art. 38; 5-20-2019 ATM by Art. 21]
Denial of a permit by the Office of the Town Clerk may be appealed
in writing to the Select Board within five days from receipt of a
written notice of denial.
