For the purposes of this article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number the plural number. The word “shall” is always mandatory and not merely discretionary.
(a) “Sale” means all general sales, open to the public, conducted from or on a residential premise in any residential zone, or on property owned by the Town or State of West Virginia, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage”, “yard”, “attic”, “porch”, “room”, “backyard”, “patio”, “flea market”, or “rummage” sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
(b) “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.
(Passed 10-24-07.)