The following words or phrases shall have the
following meanings when used in this chapter.
AUCTION SALE
The sale of property to the highest bidder therefor.
GARAGE SALES
Occasional sales by a householder of personal property accumulated
in the normal use of a dwelling as a residence and no longer needed
by the occupants, such as used crockery, kitchenware, dishes, toys,
furniture, costume jewelry, used clothing, used appliances, rugs,
drapes and the like; offered for sale in the dwelling, appurtenant
garage or other outbuilding on the property or appurtenant yards.
SALES
Includes both auction and garage sales and shall be applicable
to either one.
Sales are prohibited unless licensed under a permit issued pursuant to the provisions of this chapter and conducted in compliance with this chapter. Sales of personal property not permitted by this chapter must conform to the requirements of Chapter
149, Land Use.
No garage sale shall be conducted except in
the following circumstances:
A. The merchandise offered at the sale shall be only
merchandise acquired for normal use by the householder or other persons
occupying the dwelling on the premises where the sale is held.
B. No more than two garage sales shall be permitted on
the same premises in any twelve-month period, and no such sale shall
continue longer than two days.
All sales shall comply with the following provisions:
A. Application for a license to hold such sale shall
be made, in writing, to the Zoning Officer at least one business day
before the date the sale is to be held. The application form shall
show:
(1) The name and address of the applicant.
(2) The place, date and time when the sale is to be held.
(3) The name, address and phone number of the person who
assumes responsibility for compliance with the provisions of this
chapter, which person shall also sign the application.
(4) The name of the auctioneer, if an auction sale.
(5) The nature of the sale and the merchandise to be sold.
(6) Whether or not any signs pertaining to the sale are
to be posted and, if so, where. The application shall be accompanied
by the written permission of the utility or person on whose property
such sign is to be posted.
(7) The date the last sale was conducted on such property.
B. For the purpose of administering the provisions of
this chapter, there is imposed and the applicant shall pay at the
time of filing the application the sum of $10 for each sale.
[Amended 6-13-2011 by Ord. No. 2011-06]
C. No sales of any kind shall be held before 9:00 a.m.
or after 6:00 p.m. on any day.
D. No merchandise offered for sale shall be displayed
more than one day before the commencement of the sale or allowed to
remain more than 24 hours after the termination of the sale.
E. No signs pertaining to the sale, directional or otherwise,
shall be posted on any utility pole, tree or property without the
written consent of the utility or owner of such tree or property.
No nails shall be driven into trees, and no sign shall be any larger
than three feet by two feet. No sign shall be posted more than 48
hours before the sale, and all signs must be removed within 24 hours
after the conclusion of the sale.
F. Sales shall be conducted wholly within the confines
of the property and in such a manner so as to cause no obstruction
or encroachment on neighboring property or public sidewalks, streets
or other public ways.
G. The person responsible for the conduct of the sale
shall be responsible to see that no disorder occurs, that there is
no littering of adjoining property or public ways, that there is no
trespassing on adjoining property and that these regulations are adhered
to.
H. No device or amplifying sound, music or other sound
device shall be allowed, and any necessary sound shall be kept sufficiently
low so as not to be audible within 50 feet of the property where the
sale is held.
[Amended 12-10-1984 by Ord. No. 1984-22; 6-13-2011 by Ord. No. 2011-06]
Any person, firm or corporation violating any
provision of this chapter shall be subject to a fine not exceeding
$2,000 or imprisonment in the county jail for a term not exceeding
90 days, for each such offense, in the discretion of the court.