[Ord. No. 04-010 §1, 7-12-2004]
For the purpose of this Chapter, the following terms, phrases,
words and their normal derivations will have the meanings given herein:
GOODS
Includes any goods, wares, merchandise, articles or other
personal property capable of being the object of a sale regulated
hereunder.
PERSON
Any person, firm, partnership, association, corporation,
company or organization of any kind.
YARD SALE
The sale of goods for profit offered to the public conducted
at a single-family, dual-family or multi-family residential dwelling
place and is intended to encompass what is commonly called garage
sales, patio or porch sales, yard sales, attic sales, rummage sales,
or any other similar sale.
[Ord. No. 04-010 §2, 7-12-2004]
No yard sale shall be conducted unless and until the person
desiring to conduct such sale shall obtain a permit from the City
of Herculaneum City Clerk. There shall be no fee for the permit. Members
of more than one (1) residence may join in obtaining a permit for
a yard sale to be conducted at the residence of one (1) such resident.
[Ord. No. 04-010 §3, 7-12-2004]
The permit shall set forth and restrict the date, time and location
of such yard sale, the name and address of applicant and dates of
any other yard sales within the current calendar year.
[Ord. No. 04-010 §5, 7-12-2004]
Any permit in possession of the holder of a yard sale shall
be posted on the premises during the time the sale is conducted in
a conspicuous place visible to the public.
[Ord. No. 04-010 §5, 7-12-2004]
It shall be unlawful to conduct more than three (3) yard sales
at the same location within any calendar year.
[Ord. No. 04-010 §6, 7-12-2004]
It shall be unlawful to conduct a yard sale lasting for more
than two (2) days within any seven (7) day time period. No item which
is to be disposed of as a part of a yard sale as defined herein shall
be displayed more than twenty-four (24) hours prior to the beginning
of such yard sale.
[Ord. No. 04-010 §7, 7-12-2004]
No person shall erect, place, post or mark any sign advertising
a yard sale on any street sign, any traffic sign or on any public
utility pole. Any sign erected, placed, posted or marked advertising
such yard sale shall be placed no longer than two (2) days before
the sale and shall be removed on or before the day following such
sale. The person responsible for conducting such yard sale shall be
responsible for removing any such sign or signs.
[Ord. No. 04-010 §8, 7-12-2004]
No goods offered for sale at such yard sale shall be displayed
for sale on any public street or right-of-way.
[Ord. No. 04-010 §9, 7-12-2004]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a violation of the City ordinances and, upon conviction
thereof, shall be fined a sum of not more than five hundred dollars
($500.00) nor imprisonment more than ninety (90) days. Each day during
which any violation of this Chapter continues or exists shall be deemed
to be a separate violation.