[HISTORY: Adopted by the Common Council of
the City of Rice Lake 1-22-2008 by Ord. No. 08-01. Amendments noted where
applicable.]
GENERAL REFERENCES
Handbills — See Ch. 131.
Junk and secondhand dealers — See Ch. 173.
Pawnbrokers — See Ch. 174.
Vehicles and traffic — See Ch. 245.
Zoning — See Ch. 260.
[1]
Editor's Note: Former Ch. 206, Sales, consisting
of Art. I, Closeout Sales, adopted 5-25-2004 by Ord. No. 04-8, was
repealed 2-26-2008 by Ord. No. 08-02.
The Common Council finds:
A.
Totally unregulated garage sales are causing annoyance
to citizens.
B.
There are instances of persons conducting neverending
garage sales, likely bringing in goods from off site and transforming
a residence into a commercial endeavor and allowing a front or side
yard to become a permanent junkyard.
C.
It is necessary to prohibit the infringement by such
nonregulated sales into established residential areas by regulating
the frequency, duration and time of day of garage sales, so as not
to disturb or disrupt the residential environment.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning:
Includes all general sales, open to the public, conducted
from or on a residential premises in any residential zone, as defined
by the Zoning Ordinance,[1] 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.
Property which is owned, utilized and maintained by an individual
or members of his 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. Neighbors may
combine property onto one site, but subject to the time of day, duration
and frequency of sale restrictions herein.
It shall be unlawful for any individual to sell
or offer for sale property other than personal property as defined
herein or handmade items.
A.
No residence may conduct more than two garage sales
in any calendar year absent change in real estate ownership or tenancy.
B.
No garage sale may last more than three consecutive
days.
C.
Any garage sales held on nonconsecutive days shall
be counted as separate sales unless required by inclement weather.
D.
All garage sales are confined within the hours of
7:00 a.m. to 7:00 p.m.
E.
Promptly at the conclusion of any garage sale, all
remaining personal property shall be returned to and stored within
the permanent structures on the premises.
F.
No garage sale may be conducted in such a manner so
as to obstruct any sidewalk, street, fire hydrant, traffic sign or
safe view of intersection.
G.
A residence conducting a sale shall ensure that neighboring
property be free of trespass.
Three signs permitted. Three signs of not more
than four square feet (example: two feet by two feet) each shall be
permitted. Each such sign must be affixed on its own post. The police
shall remove any sign deemed a hazard. Signs must be removed promptly
at the close of the garage sale.
All parking of vehicles shall be conducted in
compliance with all applicable statutes and ordinances. The Police
Department may employ temporary traffic or parking measures to alleviate
any special hazards and/or congestion created by any garage sale.
The provisions of this chapter shall not apply
to or affect the following:
A.
Persons selling goods pursuant to an order or process
of a court;
B.
Persons acting in accordance with their powers and
duties as public officials;
C.
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
or under the protection of the nonconforming use section thereof,
or any other sale conducted by the manufacturer, dealer or vendor,
and which sale would be conducted from properly zoned premises and
not otherwise prohibited in other ordinances, with the signs not put
up more than 48 hours prior to the sale; or
D.
Any auction sales conducted pursuant to Wisconsin
Statute Chapter 480, subject, however, to the limit on number of sales
per year.
A police officer or any other official designated by any City ordinance to make inspections shall have the right of entry to any outdoor yard premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or issue a citation to any individual who violates the provisions of this chapter § 206-9, Violation and Penalties.
