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GARAGE SALE ORDINANCE
Section
1: Definitions
A. "Garage
sale" shall mean and include all casual sales of personal
property open to the
general public and generally denoted by the term "garage
sale," "attic sale," "lawn sale," "yard
sale" or similar phrase.
B. "Casual
sale" for the purpose of this Ordinance shall mean sales
at which more than six (6)
items are displayed or available for sale at one time.
Section II: License for Sale Required
A. It shall
be unlawful for a person, group, organization, firm or corporation
to conduct a garage sale in the Town of Waitsfield without first
obtaining a license to do so from the Town
Clerk.
B. Except
as hereinafter provided, only two (2) such licenses may be issued
within any one calendar year for a total period of four (4) days
for any particular premises. No such license shall be issued for
a period of more than three (3) days, which days shall be consecutive.
Section III: Application for License
A. Application for a license
shall be made to the Town Clerk at least five (5) days prior to
the commencement day of the sale.
B. The application shall be made on a form provided by the Town
Clerk and shall be completed with the following information:
1. Name of
applicant conducting sale;
2. If the sale is for charitable purpose, name of charity organization;
3. Location of the sale;
4. Name of owner of property and written consent of such owner,
if the applicant is other
than the owner of premises;
5. Date or date of sale;
6. Whether sale was previously conducted on the same premises
during the same calendar
year;
7. Arrangements made for off-street parking.
C. The license
fee shall be $2.00 for each day of the sale.
D. In the
event the sale is solely for charitable purposes, no fee shall
be required, and the days of the sale need not be consecutive,
but a license must be obtained for each non-consecutive sale day.
Section IV: Conduct of Sale.
A. The sale
shall not commence before 8:00 a.m., nor continue past sundown.
B. No off-premise
signs shall be permitted. One on-premise sign be permitted, provided
the same is not more than 3 square feet in size and is non-illuminated
and non-reflectorized. Such sign shall be displayed only on sales
days and shall be promptly removed at the conclusion of the sale.
C. The garage
sale license shall be conspicuously displayed on each day of the
sale during sale hours.
Section V: Penalties.
Anyone violating
this ordinance shall be prosecuted, and if found guilty, shall
be fined $50.00 for the first offense, $75.00 for a second offense,
and $150 for a third or subsequent offense; in lieu of prosecution,
any person may voluntarily sign a waiver and pay the fine directly
to the Town Clerk in Waitsfield.
This ordinance
was first adopted December 27, 1976 and was subsequently amended
June 4, 1979. Documentation of the adoption and amendment process
for the Ordinance may be obtained from the Town Clerk's Office.
Updated May
17, 2007
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