Town Code

Chapter 5.20

5.20.030   PERMIT REQUIRED

No garage sale shall be conducted unless all the individuals desiring to conduct such sale obtain a permit from the Kittery Police Chief or his/her duly appointed designee.


5.20.040 WRITTEN STATEMENT REQUIRED

Prior to issuance of any garage sale permit, the individuals conducting such a sale shall file a written statement with the Chief of Police at least five (5) days in advance or the proposed sale, setting forth the following information:

1. Full name and address of applicant.

2. the location at which the proposed garage sale is to be held.

3. The date, or dates upon which the sale shall be held.

4. The date or dates of any other garage sales held by them within the current calendar year.


5.20.050 PERMIT CONDITIONS

The permit shall set forth and restrict the time and location of such garage sale.  No more than five such permits may be issued to one residence and/or family household during any calendar year.


5.20.060 HOURS OF OPERATION

Such garage sale shall be limited in time to no more than the daylight hours of three consecutive days.  If, however, a sale is not held due to inclement weather on the date for which the permit is issued, the Chief of Police may grant an extension to the applicant for the garage sale to be conducted at the same location for an additional period of time lost to inclement weather.

 

5.20.070 PRE-PERMIT INVESTIGATION

Before using a permit, the Chief of Police may conduct an investigation as may be reasonably necessary to determine if there is compliance with this chapter.


5.20.080 DISPLAY OF PERMIT

Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place.


 

5.20.090 SIGNS PERMITTED

  Only the following specified signs may be displayed in relation to a pending garage sale.

            1. Two signs permitted. Two signs of not more than four feet square shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.

           2. Directions signs. Two signs of not more than 2 feet square each are permitted, provided written permission to erect said signs is received from the property owners upon whose property such signs are to be placed.  Each sign under this paragraph shall contain the name of the person conducting the sale, or the number of the permit granted for the sale.

Time limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.

Removal of signs. Signs must be removed within forty-eight ( 48 ) hours of the end of the period which the sale is allowed pursuant to the permit.

 

5.20.100 PARKING

The Kittery Police Department of Fire Department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale as it deems fit.

5.20.110 PERSONS EXEMPTED FROM CHAPTER

The provisions of this chapter shall not apply to or affect the following:

1. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

2. Persons acting in accordance with their powers and duties as public officials.

3. Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale would be permitted by the Kittery zoning ordinance or under protection of the nonconforming use section thereof, or any other sale conducted by a dealer or vendor and which sale would be conducted from properly zone premises and not otherwise prohibited by any other local or state statute ordinance.

4. Any bona fide charitable , religious, educational, cultural, or governmental institution or organization when the proceeds from the sale are used directly for the institution or organization's charitable purposes and the goods or articles are not sold on a consignment basis.


5.20.020 PROPERTY PERMITTED TO BE SOLD.

It is unlawful for any individual to sell or offer for sale, under authority granted by this chapter, property other than personal property.


5.20.010 DEFINITIONS

"Garage Sale" means and includes all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to all sales entitled " Garage", "Lawn", " Yard", "Attic", "Porch", "Room", "Backyard", "Patio", "Flea Market", or "Rummage". sale.


"Personal Property" means 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 in or maintaining a residence.  It does not include merchandise which was purchased for resale or obtained on consignment.