[HISTORY: Adopted by the Town Board of the Town of Woodruff 2-11-1986 as §§ 8.05, 12.08 and 12.15 of the 1986 Code. Amendments noted where applicable.]
Direct sellers and solicitors — See Ch. 263.
No person shall purchase or sell or offer to purchase or sell on any street, sidewalk, alley or other public place within any commercial area in the Town anything of value or service of any kind, except in connection with a Town-wide enterprise or promotion of community trade.
Definitions. The following definitions shall be applicable in this section:
- PERSONAL PROPERTY
- That property which is owned, utilized, maintained and acquired in the normal course of living or maintaining a residence. It includes merchandise which was purchased for resale or obtained on consignment where the same is being sold in a manner or in conjunction with personal property which has been maintained and acquired in the normal course of living.
- RUMMAGE SALE
- Includes all general sales open to the public and conducted from or on the residential premises for the purpose of disposing of personal property, including but not limited to all sales titled a rummage, lawn, yard, porch, room, backyard, patio, flea market or garage sale.
Property permitted to be sold. No person shall sell or offer for sale at a rummage sale property other than personal property as described above without first obtaining a permit from the Town Clerk.
Hours and days of operation. Rummage sales shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m. no more than four days during any week, and not more than three in one calendar year shall be conducted from any given premises.
Advertising signs; permit required. "Rummage Sale," "Garage Sale" or similar signs shall be permitted to advertise a sale as long as they are put up so as not to interfere with vision of traffic and they are put up and taken down not more than 12 hours before and after the sale. There will be no charge for the issuance of such permit, which must be obtained from the Woodruff Town Clerk by appearing in person to make the request for such a permit at the Woodruff Town Office. No garage/rummage/estate sale will be allowed within the boundaries of the Town of Woodruff without first obtaining the necessary permit at the Woodruff Town Office.
Exceptions. The provisions of this section shall not apply to or affect the following persons or sales:
Person selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with the powers and duties of public officials.
Persons selling or advertising for sale an item or items of personal property which were specifically named or described in the advertisement.
Any sale direct by any merchant or mercantile or other business established from or any place of business wherein such sales would be permitted by the applicable zoning regulations or under the protection of a nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in this section.
Any bona fide charitable, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption of this subsection shall be on the organization or institution claiming such exemption.
Enforcement. This section shall be enforced by the Town Clerk and Town Board members. The Town Clerk or Board member shall investigate any violation of this section coming to his attention, whether by complaint or arising from his own personal knowledge, and if a violation is found to exist, he shall notify the Police Department for further investigation. The Police Department shall also investigate any violation of this section which it becomes aware of during the normal course of its duties.
Conduct of sales. The person who is conducting the rummage sale and the owner and tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud or boisterous conduct on such premises nor permit vehicles to impede the passage of any traffic on any roads or streets in the area of such premises. All such persons shall obey the reasonable order of any member of the Town Police or Fire Department in order to maintain the public health, safety and welfare.
In addition to the revocation, suspension or nonrenewal of any license or permit issued under this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 1-3 of this Code.