Chapter 5.36


5.36.010    Definitions.

5.36.020    Restrictions.

5.36.030    Application and fee.

5.36.040    Exceptions.

5.36.050    Violation—Penalty.

5.36.010 Definitions.

A. “Yard sale” means a yard sale, patio sale, garage sale, rummage sale or any similar sale of used merchandise by an individual or group for profit when the merchandise to be sold is offered to the general public.

B. “Secondhand dealer” means any person or group who conducts a sale of tangible items of used personal property accumulated or acquired from others for the purpose of resale, and who is not a pawn broker or junk dealer licensed by the town. Regardless of the location of the sales, any person or group who conducts sales more frequently than described in Section 5.36.020 shall be deemed to be a secondhand dealer engaged in business for the purposes of this chapter. (Ord. 773 § 1 (part), 2005; Ord. 410 § 1, 1981)

5.36.020 Restrictions.

A. No individual seller, household, home address, group or family shall be permitted to have more than three yard sales per calendar year. The length of time for yard sales shall not exceed four consecutive days and shall be held at least thirty days apart.

B. Goods displayed in any yard sale may not be displayed in the public right-of-way, except as expressly authorized by the city council.

C. No signs advertising yard sales may be posted on other than the property on which the sale is being held. Signs advertising the sale may be posted only during the duration of the sale and must be removed at the end of the sale.

D. Sales permitted by this chapter shall be conducted in an orderly manner and shall not constitute a public nuisance or hazard to persons or property. All debris from the sale must be removed from any public property immediately following the sale.

E. All merchandise offered for sale shall be arranged so that fire, police, health or other officials may have access for inspection at all times during the sale.

F. No individual or group shall engage in business as a secondhand dealer in the city unless that individual is the holder of a valid and current business license issued by the city, as provided for in Chapter 5.04 of this code. All sales by secondhand dealers must take place on properly zoned property.

G. Nothing contained in the chapter shall restrict or prohibit the operation of gift shops in hospitals or sales by school or parent-teacher organizations within public or private schools. (Ord. 920 § 4, 2019; Ord. 773 § 1 (part), 2005; Ord. 410 § 2, 1981)

5.36.030 Application and fee.

A. Any individual or group conducting any yard sale shall make written application to the city clerk at least two days prior to start of sale. The application shall include the name or names of owners of material, the location, and the dates of sale. The application shall be signed by the person living at the location where the sale is to be held.

B. The application shall be accompanied by a fee to be established from time to time by resolution of the city council. A separate fee shall be required for each separate sale. (Ord. 860 § 1, 2014: Ord. 773 § 1 (part), 2005: Ord. 410 § 3, 1981)

5.36.040 Exceptions.

Any exceptions to the requirements of this chapter must be submitted to and voted upon by the council at a regularly scheduled meeting of the Brewster town council. (Ord. 410 § 4, 1981)

5.36.050 Violation—Penalty.

Any violation of this chapter is punishable as follows:

A. On the first offense, by a written warning with no criminal sanction to be attached thereto.

B. Upon the conviction of second and subsequent offenses, by a fine not exceeding three hundred dollars.

C. Each day of violation hereof may be considered a separate offense. (Ord. 410 § 5, 1981)