[HISTORY: Adopted by the Town Council of the Town of Newington 11-23-1982
(§§ 11-60 to 11-75 of the 1974 Code). Amendments noted where
applicable.]
The Town Council finds and declares that:
A.
The intrusion of nonregulated tag sales is causing annoyance
to citizens in residential areas in the Town and congestion of the streets
in residential areas in the Town.
B.
The provisions contained in this chapter are intended
to prohibit the infringement of business activity upon established residential
areas by regulating the term and frequency and manner of advertising of tag
sales so as not to disturb or disrupt residential environments.
C.
The provisions of this chapter do not seek control of
sales by individuals selling a few of their household or personal items.
D.
The provisions and prohibitions hereinafter contained
are enacted not to prevent but to regulate tag sales for the safety and welfare
of the Town's citizens.
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meanings indicated:
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
or maintaining a residence. The term "personal property" shall not include
merchandise which was purchased for resale or obtained on consignment.
Includes all general sales of more than five items of personal property,
open to the public, conducted from or on premises in any residence zone, as
defined by the Zoning Regulations,[1] including, but not limited to, all sales entitled "tag," "garage,"
"lawn," "yard," "attic," "porch," "driveway," "room," "back yard," "patio,"
"flea market" or "rummage" sale.
[1]
Editor's Note: The Zoning Regulations are on file in the Town offices.
It shall be unlawful for any individual to sell or offer for sale, under
authority granted by this chapter, property other than personal property.
No tag sale shall be conducted unless and until the individual desiring
to conduct such tag sale shall obtain a permit therefor from the Chief of
Police. Members of more than one residence, but not more than 10 residences,
located in the Town may join in obtaining a permit for a tag sale to be conducted
at the residence of one of them.
Prior to issuance of any tag sale permit, the individual intending to
conduct such tag sale shall in person or by mail file a written statement
with the Chief of Police at least 48 hours in advance of the proposed tag
sale setting forth the following information:
A.
Full name and address of the applicant or applicants.
B.
Full name and address of the owner of the premises at
which the proposed tag sale is to be held. If the applicant is other than
the owner of the premises, the applicant shall file with the application the
written consent of the said owner to the holding of the tag sale.
C.
The date or dates (which shall be not more than three
dates) upon which the tag sale shall be held.
D.
The date or dates of any other tag sales previously held
by the applicant on the premises where the proposed tag sale is to be held
within the current calendar year.
E.
An affirmative sworn statement that the property to be
sold is owned by the applicant or applicants as his or their own personal
property and was neither acquired nor consigned for the purposes of resale.
A.
The permit shall set forth and restrict the time and location
of such tag sale.
B.
No more than three such permits may be issued to one residence
and/or family household during any calendar year, except that a fourth tag
sale shall be permitted in a calendar year if satisfactory proof of a bona
fide change in ownership of the real property is first presented to the Chief
of Police. If members of more than one residence join in requesting a permit,
then such permit shall be considered as having been issued for each and all
of such residences.
All tag sales shall be limited in duration to no more than three consecutive
days. On each such day, no tag sale shall start before 8:00 a.m. or end after
1/2 hour prior to sunset.
If a tag sale is not held on the dates for which the permit is issued
or is terminated during the first day of the tag sale because of inclement
weather conditions, and an affidavit by the permit holder to this effect is
submitted, the Chief of Police may extend the permit for a tag sale to be
conducted at the same location within 30 days from the date when the first
tag sale was to be held.
Each advertising or directional sign used in relation to a tag sale:
A.
Shall not exceed four square feet in area.
B.
Shall not be exhibited for more than two days prior to
the day such tag sale is to commence.
C.
Shall be removed within 24 hours after the conclusion
of tag sale activities.
D.
Shall bear the name and address of the permittee and
the date(s) of the sale.
The individual to whom such permit is issued and the owner or tenant
of the premises on which such tag sale is conducted shall be jointly and severally
responsible for the maintenance of good order and decorum on the premises
during all hours of such tag sale. No such individual shall permit any loud
or boisterous conduct on said premises or 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 Departments in order to maintain the public health, safety and welfare.
A police officer shall have the right of entry to any premises showing
evidence of a tag sale for the purpose of enforcement or inspection and may
close the premises from such a sale or 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 establish and enforce
temporary controls to alleviate any special hazards and/or congestion created
by any tag sale.
A.
Any permit issued under this chapter may be revoked or
any application for issuance of a permit may be refused or revoked by the
Police Chief if the application submitted by the applicant or permit holder
contains any false, fraudulent or misleading statement.
B.
If any individual is cited and pays an infraction fine or is convicted of any offense under this chapter, then, in addition to the penalties for violations of or failure to comply with the various provisions of the Code, as set forth in § 1-6 of the Code, the Chief of Police shall revoke any existing tag sale permit held by the individual convicted and shall not issue such individual another such permit for a period of two years from the time of conviction.
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 sale conducted by any merchant or mercantile or other
business establishment from or at a place of business wherein such sale is
permitted by the Zoning Regulations of the Town or under the protection of
the nonconforming use section thereof or any other sale conducted by a manufacturer,
dealer or vendor and which sale is conducted from properly zoned premises
and not otherwise prohibited in other ordinances.
D.
Any sale on the premises of any bona fide religious,
charitable, eleemosynary, educational, cultural or governmental institution
or agency when the proceeds from the sale are used directly for the institution's
or agency's charitable or fund-raising purposes.
Any person convicted of a violation of any of the provisions of this
chapter shall be guilty of a misdemeanor. In lieu of arrest and issuance of
a summons, a police officer may serve upon an accused violator an infraction
notice ticket. Payment of a fine of $25 within the time limit specified on
such ticket shall constitute a plea of nolo contendere and shall save the
accused violator harmless from prosecution for the offense cited. Each day
a violation continues after a summons or ticket has been issued by a police
officer shall constitute a separate offense, and the violator shall be subject
to the fine doubling for each such day.
