Chapter 14.   Yard and/or Garage Sales

14.101        Purpose
14.102        Definitions
14.103        Property Permitted to be Sold
14.104        Permitted Number of Yard Sales Per Year
14.105        Hours of Operation
14.106        Notification
14.107        Display of Property For Sale
14.108        Parking
14.109        Duty to Remove Goods From View
14.110        Responsibilities
14.111        Signs
14.112        Inspections
14.113        Exemptions
14.114        Enforcement; complaints
14.115        Separate Offenses
14.116        Penalties


14.101        PURPOSE

These Rules and regulations are designed to control and restrict garage and yard sales in order to protect the
public health, safety and convenience and to restrict such sales to casual and/or occasional occurrences only.  
The intent of this chapter is to eliminate perpetual, prolonged and extended garage and yard sales within the
jurisdiction of the Town of Campobello.  The provisions of this chapter arise from the need to limit, regulate and
control garage and yard sales.  


14.102        DEFINITIONS

As used in this chapter, the following terms shall have the meanings indicated:

Yard /Garage Sale
A.        The sale or offering for sale of new, used or secondhand items of personal property at any one (1)
residential premises at any one (1) time.
B.        Includes all sales in residential areas entitled “garage sale”, “yard sale”, “tag sale”, “porch sale”, “lawn
sale”, “attic sale”, “basement sale”, “rummage sale”, or any similar casual sale of tangible personal property.

Goods
Any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated
hereunder.

Residential
Any dwelling or structure that is used as a single family dwelling rather than for business or commercial
purposes.

Municipality
All residential dwellings located within any type of zone, zoned area, zoning district, whether or not said areas or
zones are residential, business, commercial or otherwise, within the geographic boundaries of the Town of
Campobello.

Persons
Individuals, partnerships, family groups, voluntary associations and corporations.

Personal Property
Property which is owned, utilized and maintained by an individual or members of the residence and acquired in
the normal course of living in or maintaining residence.  It does not include merchandise which was purchased
for resale or obtained on consignment.


14.103        PROPERTY PERMITTED TO BE SOLD

Property which is owned, utilized and maintained by an individual or members of the residence and acquired in
the normal course of living in or maintaining residence.  It does not include merchandise which was purchased
for resale or obtained on consignment.
It shall be unlawful for any individual to sell or offer for sale, under the authority granted by this chapter
property other than personal property or handmade items.


14.104        PERMITTED NUMBER OF YARD SALES PER MONTH

It shall be unlawful for any resident and/or family household to conduct more than two (2) yard sales during any
one (1) calendar month.  If members of more than one residence and or family household join in the operation
of a garage sale, it shall be considered as a garage sale for each and all such residences and/or family
households.


14.105        HOURS OF OPERATION

Such yard/garage sales shall be limited in time to no more than the daylight hours of two consecutive days.


14.106        NOTIFICATION

Persons planning to hold a yard/garage sale shall notify the proper town officials of the location and date.



14.107        DISPLAY OF PROPERTY FOR SALE

Personal property offered for sale may be displayed within the residence, in a garage, in a carport or in a yard,
but only such areas.  No personal property offered for sale shall be displayed in any public right of way.


14.108        PARKING; TEMPORARY CONTROLS

All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances.  Further, the
Police Department may enforce such temporary controls to alleviate any special hazards and/or congestion
created by any yard/garage sale.


14.109        DUTY TO REMOVE GOODS FROM VIEW

It shall be the duty and obligation of any person conducting a yard sale or garage sale defined herein to
remove all articles and goods offered for sale, from the public view, by sundown on the last day said sale is
held.  In no event shall any yard sale or garage sale be conducted for more than two consecutive days.


14.110        RESPONSIBILITIES

The individual(s), owner(s) or tenant(s) 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 individual(s) shall permit any loud or boisterous conduct on said
premises nor permit vehicles to impede the passage of traffic on any roads, streets or sidewalks in the area of
such premises.  All such individuals shall obey the reasonable orders of any member of the Police or Fire
Department of the Town of Campobello in order to maintain the public health, safety and welfare.


14.111        SIGNS

A.        Signs Permitted.  Only the following specified signs maybe displayed in relation to a pending
yard/garage sale:
1.        Two (2) signs permitted.  Two (2) signs of not more than four (4) square feet each shall be permitted on
the property of the residence where the yard/garage sale is being conducted.
2.        Two (2) directional signs permitted.  Two (2) signs of not more than two (2) square feet each are
permitted, provided that the premises upon which the yard/garage sale is conducted has given permission to
erect such signs on their property.  
3.        All signs placed on the right of way of any thoroughfare, light pole, driveway or intersection must not
interfere with the view of motorists and pedestrians or impede the safe flow of traffic.

B.        Time limitations.  No sign or other form of advertisement shall be exhibited for
more than twelve (12) hours prior to the commencement of such a sale.

C.        Removal of Signs.  All signs must be removed immediately upon the conclusion
          of the sale.


14.112        INSPECTIONS – ARREST AUTHORITY OF INSPECTOR

A Campobello Police Officer , or any other official designated by the Police Chief, shall have the right of entry
upon any premises showing evidence of a yard sale or garage sale, for the purpose of enforcement of the
Ordinance and shall make inspections to enforce the same and shall have the right to issue citations for
violations of this Ordinance.  


14.113        EXEMPTIONS

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 other business establishment from or at a place of business
having a current Town of Campobello Business License permitted by Zoning Ordinances not otherwise
prohibited in other ordinances.
D.        Any bona fide charitable, educational, cultural, or governmental institution or organization, when the
proceeds from the sale are used directly for the organization’s charitable purposes and the good or articles are
not sold on consignment basis.


14.114        ENFORCEMENT; COMPLAINTS

A.        This chapter shall be enforced by the Campobello Police Department, and it shall be its duty to
investigate and prosecute any violation of this chapter.
B.        If, after an investigation, a violation is found to exist, the Police Department shall prosecute a complaint
before Campobello Magistrate Court pursuant to the provisions of this chapter.


14.115        SEPARATE OFFENSES

Every article sold and every day a sale is conducted in violation of this chapter shall constitute a separate
offense.


14.116        PENALTIES

Any person found guilty of violating the terms of this chapter shall be fined not less than $50.00 nor more than
$400.00 plus all fees and assessments for each offense and/or be imprisoned up to 20 consecutive days.
.