[R.O. 2006 §610.010; CC 1986 §53.010]
For the purposes of this Chapter, the following terms shall
have these prescribed meanings:
Includes all general sales, open to the public, conducted
from or on a residential premise in any residential zone, as defined
by the Zoning Code, 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". This definition shall not include a situation where
no more than five (5) specific items are held out for sale.
Property which is owned, utilized and maintained by an individual
or members of his/her residence and acquired in the normal course
of living in, or maintaining a residence, but not including motor
vehicles. It does not include merchandise which was purchased for
resale or obtained on consignment.
[R.O. 2006 §610.020; CC 1986 §53.020]
No garage sale shall be conducted unless and until the individuals
desiring to conduct such sales shall obtain a permit therefor from
the City Clerk. Members of more than one (1) residence may join in
obtaining a permit for a garage sale to be conducted at the residence
of one (1) of them.
[R.O. 2006 §610.030; CC 1986 §53.030]
A.
Prior
to the issuance of any garage sale permit, the individuals conducting
such sale shall file a written statement with the City Clerk setting
forth the following information:
1.
Full name and address of applicant, or applicants if multiple residence.
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 within the current calendar
year.
5.
An affirmative statement that the property to be sold was owned by
the applicant as his/her own personal property and was neither acquired
or consigned for the purposes of resale.
[R.O. 2006 §610.040; CC 1986 §53.040; Ord. No. 1290, 1-14-2002]
There shall be an administrative processing fee of two dollars
($2.00) for the issuance of such permit.
[R.O. 2006 §610.050; CC 1986 §53.050]
The permit shall set forth and restrict the time and location
of such garage sale. No more than two (2) such permits may be issued
to one (1) residence and/or family household during any calendar year.
If members of more than one (1) residence join in requesting the permit,
then such permit shall be considered as having been issued for each
and all residences.
[R.O. 2006 §610.060; CC 1986 §53.060]
Such garage sales shall be limited in time to no more than the
daylight hours of three (3) consecutive days duration.
[R.O. 2006 §610.070; CC 1986 §53.070]
A.
A Sale Not Held Because Of Inclement Weather. If a garage
sale is not held on the day for which the permit is issued or is terminated
during the first (1st) day of the sale because of inclement weather
conditions, and an affidavit by the permit holder to this effect is
submitted, the City Clerk may issue another permit to the applicant
for a garage sale to be conducted at the same location within thirty
(30) days from the date when the first (1st) sale was to be held.
No additional permit fee is required.
B.
Third Sale Permitted. A third (3rd) garage sale shall be
permitted in a calendar year if satisfactory proof of a bona fide
change in ownership of the real property is first presented to the
City Clerk.
[R.O. 2006 §610.080; CC 1986 §53.080]
Before issuing a permit, the City Clerk may conduct an investigation
as may reasonably be necessary to determine if there is compliance
with this Chapter.
[R.O. 2006 §610.090; CC 1986 §53.090]
Personal property offered for sale may be displayed within the
residence, in a garage, carport, and/or yard, but only such areas.
No personal property offered for sale at a garage sale shall be displayed
in any public street or right-of-way.
[R.O. 2006 §610.100; CC 1986 §53.100]
Any permit in possession of the holder or holders of a garage
sale shall be posted on the premises in a conspicuous place visible
to the public.
[R.O. 2006 §610.110; CC 1986 §53.110; Ord. No. 1317 §§1 — 2, 4-14-2003]
A.
Signs Permitted. Only the following specified signs may
be displayed in relation to a pending garage sale:
1.
Two (2) signs permitted. Two (2) signs of not more
than four (4) square feet shall be permitted to be displayed on the
property of the residence where the garage sale is being conducted.
2.
Directional signs. Four (4) signs of not more
than two (2) square feet each are permitted, provided that written
permission to erect signs is received from the property owners upon
whose property such signs are to be placed. No signs shall be erected,
placed, posted or otherwise displayed on public property without consent
from City Hall upon receiving a garage sale permit, however, no such
signs shall be erected, placed, posted or otherwise displayed on street
signs and posts, traffic signs and posts or upon any public utility
poles. A Police Officer or any other city official who deems the location
of such sign to be unsafe or hinder safe passage of travelers on any
road or street within the City limits, shall have the right to remove
and discard such sign.
[Ord. No. 1498 § I, 10-1-2015]
B.
Time Limitations — Removal. Such signs shall be erected
not sooner than one (1) day prior to the date of the sale and shall
be removed within twenty-four (24) hours of the last day upon which
the sale is held. If signs are not removed, it shall be considered
a misdemeanor upon which a fine of twenty-five dollars ($25.00) will
be charged.
[R.O. 2006 §610.120; CC 1986 §53.120]
The individual to whom such permit is issued and the owner or
tenant of the premises upon which such sale or activity is conducted
shall be jointly and severally responsible for the maintenance of
good order and decorum on the premises during all hours of such sale
or activity. No such individual shall permit any loud boisterous conduct
on said premises nor permit vehicles to impede the passage of traffic
on any roads or streets in the area of such premises. All such individuals
shall obey the reasonable orders of any member of the Police or Fire
Department of the City of Willow Springs in order to maintain the
public health, safety and welfare.
[R.O. 2006 §610.130; CC 1986 §53.130]
A Police Officer or any other official designated by any City
ordinance to make inspections under the licensing or regulating ordinance
or to enforce the same shall have the right of entry to any premises
showing evidence of a garage sale for the purpose of enforcement or
inspection and may close the premises from such sale or arrest any
individual who violates the provisions of this Chapter.
[R.O. 2006 §610.140; CC 1986 §53.140]
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. Further, the Police Department
may enforce such temporary controls to alleviate any special hazards
and/or congestion created by any garage sale.
[R.O. 2006 §610.150; CC 1986 §53.150]
A.
False Information. Any permit issued under this Chapter
may be revoked or any application for issuance of a permit may be
refused by the City Clerk if the application submitted by the applicant
or permit holder contains any false, fraudulent or misleading statement.
B.
Conviction Of Violation. If any individual is convicted
of an offense under this Chapter, the City Clerk is instructed to
cancel any existing garage sale permit held by the individual convicted
and not to issue such individual another garage sale permit for a
period of two (2) years from the time of conviction.
[R.O. 2006 §610.160; CC 1986 §53.160]
A.
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 zoning regulations of the City of Willow Springs
or under the protection of the non-conforming use Section thereof,
or any other sale conducted by manufacturer, dealer or vendor and
which sale would be conducted from properly zoned premises and not
otherwise prohibited in other ordinances.
4.
Any bona fide charitable, eleemosynary, 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.
[R.O. 2006 §610.170; CC 1986 §53.170]
Every article sold and every day a sale is conducted in violation of this Chapter shall constitute a separate offense punishable as a misdemeanor in accordance with Section 100.220 of this Code.
