City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 12.05, 12.12, 12.16 and 12.30 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and special events — See Ch. 100.
Cigarettes and tobacco products — See Ch. 128.
Intoxicating liquor and fermented malt beverages — See Ch. 187.
Parks and public areas — See Ch. 234.

§ 254-1 Direct sellers.

[Amended 11-7-1990 by Ord. No. 1321(23)]
A. 
Registration required. No direct seller shall engage in direct sales within the City without being registered as provided herein.
B. 
Definitions. As used herein, the following words and phrases are defined as follows:
CHARITABLE ORGANIZATION
Any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such.
CLERK
The City Clerk.
DIRECT SELLER
Any individual who, for himself or for a partnership, association or corporation, sells goods or takes sales orders for the later delivery of goods at any location other than that of a permanent merchant or residence of such individual, partnership, association or corporation, if allowed by Chapter 315, Zoning, of the Municipal Code, and which is the permanent place of business of the seller, and shall include but not be limited to peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer.
GOODS
Includes personal property of any kind and shall include goods provided incidental to services offered or sold.
PERMANENT BUSINESS PLACE
A location in the City owned or leased by the direct seller for more than 12 months from which the direct seller conducts his business.
PERMANENT MERCHANT
A direct seller who, for at least one year prior to the consideration of the application of this section to such merchant, has continuously:
(1) 
Operated an established place of business in the City.
(2) 
Resided in the City and now does business from his residence.
C. 
Exemptions. The following shall be exempt from all provisions of this section:
(1) 
Any person delivering to regular customers on established routes.
(2) 
Any person selling goods at wholesale to dealers in such goods.
(3) 
Any person selling agricultural products which such person has grown.
(4) 
Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within the City and who delivers such goods in his regular course of business.
(5) 
Any person who has an established place of business where the goods being sold are offered for sale on a regular basis and in which the buyer has initiated contact with, and specifically requested a home visit by, such person.
(6) 
Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer.
(7) 
Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods.
(8) 
Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law.
(9) 
Any employee, officer or agent of a charitable organization who engages in direct sales for or on behalf of such organization, provided that there is submitted to the Clerk proof that such charitable organization is registered under § 440.42, Wis. Stats. Any charitable organization not so registered, or which is exempt from that statute's registration requirements, shall be required to register under this section.
(10) 
Any person who claims to be a permanent merchant but against whom complaint has been made to the Clerk that such person is a transient merchant, provided that there is submitted to the Clerk proof that such person has leased for at least one year or purchased the premises from which he is conducting business or proof that such person has conducted such business in the City for at least one year prior to the date complaint was made.
D. 
Registration.
(1) 
Applicants for registration must complete and return to the Clerk a registration form furnished by the Clerk which shall require the following information:
(a) 
Name, permanent address and telephone number, and temporary address, if any.
(b) 
Age, height, weight, and color of hair and eyes.
(c) 
Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by or whose merchandise is being sold.
(d) 
Temporary address and telephone number from which business will be conducted, if any.
(e) 
Nature of business to be conducted and a brief description of the goods offered and any services offered.
(f) 
Proposed method of delivery of goods, if applicable.
(g) 
Make, model and license number of any vehicle to be used by the applicant in the conduct of his business.
(h) 
Last cities, villages, and towns, not to exceed three, where the applicant conducted similar business.
(i) 
Place where the applicant can be contacted for at least seven days after leaving the City.
(j) 
Statement as to whether the applicant has been convicted of any crime or ordinance violation related to the applicant's transient merchant business within the last five years, the nature of the offense and the place of conviction.
(2) 
Applicants shall present to the Clerk for examination and copying:
[Amended 11-18-2003 by Ord. No. 1740(20)]
(a) 
A driver's license or some other proof of identity as may be reasonably required.
(b) 
A certificate of examination and approval from an inspector or sealer of weights and measures from the Wisconsin Department of Agriculture, Trade and Consumer Protection where the applicant's business requires use of weighing and measuring devices.
(c) 
A State Health Officer's certificate where the applicant's business involves the handling of food or clothing and is required to be certified under state law, such certificate to state that the applicant is apparently free from any contagious or infectious disease, dated not more than 90 days prior to the date the application for license is made.
(d) 
Two photographs of not less than two inches by two inches taken of the applicant within six months of the application, one of the photographs to be attached to the application and one to be attached to the permit.
(e) 
A current seller's permit issued by the Wisconsin Department of Revenue.
(3) 
At the time the registration is returned, a fee as set by the Common Council shall be paid to the Clerk to cover the cost of processing the application.[1]
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
(4) 
The applicant shall sign a statement appointing the Clerk his agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant if the applicant cannot, after reasonable effort, be served personally.
(5) 
Upon payment of the fee and the signing of the statement, and completion of the police investigation, the Clerk shall register the applicant as a direct seller and date the entry. Such registration shall be valid for a period of one year from the date of entry, subject to subsequent refusal as provided in Subsection E(2) below.
E. 
Investigation.
(1) 
Upon receipt of each application, the Clerk may refer it immediately to the Chief of Police, who may make and complete an investigation of the statements made in such registration. Registration shall be completed within 72 hours, excluding Saturday, Sunday or holidays.
(2) 
The Clerk shall refuse to register the applicant if it is determined, pursuant to the investigation above, that:
(a) 
The application contains any material omission or materially inaccurate statement.
(b) 
Complaints of an adverse nature have been received against the applicant by authorities in the last cities, villages and towns in which the applicant conducted similar business.
(c) 
The applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling.
(d) 
The applicant failed to comply with any applicable provisions of Subsection D(2) above.
F. 
Appeal. Any person denied registration may appeal the denial through the appeal procedure provided by ordinance or resolution of the Council or, if none has been adopted, under the provisions of §§ 68.07 through 68.16, Wis. Stats.
G. 
Regulation of direct sellers.
(1) 
Prohibited practices.
(a) 
A direct seller shall be prohibited from calling at any dwelling or other place between the hours of 6:00 p.m. and 9:00 a.m. except by appointment; calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers," "No Solicitors," or words of similar meaning; calling at the rear door of any place, except when a resident has posted a notice directing people to use the rear door; or remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises.
(b) 
A direct seller shall not misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Such portion shall be expressed as a percentage of the sale price of the goods.
(c) 
No direct seller shall impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed.
(d) 
No direct seller shall make any loud noises or use any sound-amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred-foot radius of the source.[2]
[2]
Editor's Note: See also Ch. 219, Noise.
(e) 
No direct seller shall allow rubbish or litter to accumulate in or around the area in which he is conducting business.
(2) 
Disclosure requirements.
(a) 
After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of goods or services he offers to sell.
(b) 
If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel the transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedure as set forth in § 423.203, Wis. Stats. The seller shall give the buyer two copies of a typed or printed notice of that fact. Such notice shall conform to the requirements of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.
(c) 
If the direct seller takes a sales order for the later delivery of goods, he shall, at the time the order is taken, provide the buyer with a written statement containing the terms of the agreement, the amount paid in advance, whether full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date and whether a guarantee or warranty is provided and, if so, the terms thereof.
H. 
Records. The Chief of Police shall report to the Clerk all convictions for violation of this section and the Clerk shall note any such violation on the record of the registrant convicted.
I. 
Revocation of registration.
(1) 
Registration may be revoked by the Council, after notice and hearing, if the registrant made any material omission or materially inaccurate statement in the application for registration, made any fraudulent, false, deceptive or misleading statement or representation in the course of engaging in direct sales, violated any provision of this section, or was convicted of any crime, ordinance or statutory violation which is directly related to the registrant's fitness to engage in direct selling.
(2) 
Written notice of the hearing shall be served personally on the registrant at least 72 hours prior to the time set for the hearing. Such notice shall contain the time and place of the hearing and a statement of the acts upon which the hearing will be based.

§ 254-1.1 Weights and measures.

[Added 11-18-2003 by Ord. No. 1739(19)[1]]
A. 
Purpose. This section adopts the State of Wisconsin Weights and Measures Regulations and establishes a Weights and Measures Program wherein any person or entity subject to said regulations must obtain a license in order for the City to comply with and recoup the costs of enforcing said regulations. This section is adopted pursuant to the provisions of Chapter 98, Wis. Stats.
B. 
Application of state codes. Except as otherwise specifically provided in this section, the provisions of Chapter 98, Wis. Stats., Weights and Measures, and Chapters ATCP 90, 91 and 92 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this section as though fully set forth herein. Any act required to be performed or prohibited by any statute or code incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes and codes incorporated herein are intended to be made a part of this section.
C. 
State contract; appointment of inspectors; compliance required.
(1) 
State contract. In order to assure compliance with the requirements of the State of Wisconsin related to the inspection and certification of weights and measures, the City shall contract with the State of Wisconsin Department of Agriculture, Trade and Consumer Protection, pursuant to § 98.04(2), Wis. Stats., in lieu of the establishment of a department of weights and measures.
(2) 
Appointment of inspectors. The provisions of the contract set forth in Subsection C(1) shall provide for the enforcement of the statutes and regulations set forth herein, and the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.
(3) 
Compliance required. All persons and entities required to be licensed hereunder shall comply with the enforcement of the statutes and regulations set forth herein, shall comply with the orders and inspections of the inspectors appointed herein, and shall comply with the licensing requirements set forth herein.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
WEIGHTS AND MEASURES
Weights and measures of every kind, instruments and devices for weighing and measuring, and any appliances and accessories used with any or all such instruments and devices, except meters for the measurement of electricity, gas (natural and manufactured) or water when the same are operated in a public utility system. Weights and measures shall include devices used or employed in establishing the size, quantity, extent, area or measurement of quantities, things, produce or articles for sale, hire or award, or in computing any basic charge or payment for services rendered on the basis of weight or measure and shall include, but not be limited to, commodities, liquid measuring devices, scales, weighing, measuring and price verification systems, timing devices and linear measuring devices.
WEIGHTS AND MEASURES PROGRAM
The program that includes administration and enforcement of this section, Chapter 98, Wis. Stats, applicable Wisconsin Administrative Code provisions, and any related actions.
E. 
Weights and measures license required.
(1) 
License requirements. Except as provided in Subsection E(2), no person or entity shall use, operate or maintain any commercial weights and measures as defined in this section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.
(2) 
Exemptions. Sales by a person registered as a direct seller or by a holder of a farmer's market, vendor vehicle or special event permit are exempt from licensing under this section, but if any person exempted herein is required by the state to hold a state certificate of examination by the Sealer of Weights and Measures, a copy of said certificate shall be provided to the City with his or her application for direct seller registration or a farmer's market, vendor vehicle or special events permit.
F. 
Types of licenses.
(1) 
There shall be five classes of licenses that shall correspond to the type of the business regulated by the weights and measures program and the amount of time necessary for inspection of the weights and measures of that business. The fee for the license shall be uniform for all classes of licenses, in an amount set by the Common Council, and shall not exceed the cost of administering the weights and measures license program.
(2) 
The classes of licenses shall be:
(a) 
Class 1, which shall cover large grocers (more than two check-out points).
(b) 
Class 2, which shall cover large gas stations (more than 12 fuel meters) and large retailers (more than two check-out points).
(c) 
Class 3, which shall cover businesses that operate vehicle scales, LPG meters and vehicle tank meters, small gas stations (12 or fewer fuel meters), and small grocers (two or fewer check-out points).
(d) 
Class 4, which shall cover small retailers (two or fewer check-out points); and
(e) 
Class 5, which shall cover laundromats and small businesses not elsewhere classified.
(3) 
If a person or entity falls into more than one category, the person or entity shall be required to obtain the higher classification of license.
G. 
Application for license. An application for a weights and measures license shall be made in writing on a form provided by the City Clerk and shall be signed by the owner of the commercial business or by its authorized agent. Such application shall state the type of the business, the type and number of weighing, measuring and scanning devices used by the business, the location of the devices, the number of check-out lanes present on the premises, the applicant's full name, post office address and telephone, and whether such applicant is an individual, partnership, limited liability company, corporation or other entity. If the applicant is a partnership, the application shall state the names and addresses of each partner. If the applicant is a corporation or limited liability company, the application shall state the names and addresses of all officers and agents of the applicant, including the registered agent thereof.
H. 
Issuance of licenses and fees. Upon compliance with this section, the City Clerk shall determine the class of license to be issued and shall issue a license to the applicant upon payment of the annual license fee set by the Common Council. Each store or other business shall require a separate license.
I. 
License term.
(1) 
A license issued under this section shall expire on June 30 of each year. Except as provided in Subsection I(2), the license fee shall not be prorated for a partial year.
(2) 
The initial license issued to businesses existing on the effective date of this section shall be for six months, effective on January 1, 2004, and expiring on June 30, 2004, and the license fee shall be prorated.
J. 
Enforcement for nonrenewal. It shall be the duty of the City Clerk to notify appropriate City officials and to order the immediate enforcement of the provisions of this section in cases involving a failure to renew a weights and measures license. A licensee shall be prohibited from engaging in any business involved in weights and measures until such time as a valid license has been obtained under the provisions of this section.
K. 
Fees assessment.
(1) 
Annual assessment. In addition to the cost of the license, the Common Council shall annually assess fees to each licensee based on the class of license it holds. The total of the fees assessed and collected under this subsection shall not exceed the actual costs of the weights and measures contract between the City and the state.
(2) 
Clerk to prepare assessment schedule. The City Clerk shall at least annually prepare a proposed schedule of assessments for each class of license, which shall be based upon the state contract changes, to be submitted to the Common Council. A copy of the proposed schedule together with notice of the date and time at which the Common Council will consider the assessments shall be mailed to each licensee.
(3) 
Common Council to determine assessment. At least ten days after the mailing set forth in Subsection K(2), the Common Council shall consider the Clerk's proposed schedule of assessments and determine the schedule of assessments on a reasonable basis. The City Clerk shall mail to each licensee an invoice for the amount of the fee assessment to the licensee as determined by the Common Council, and each licensee shall pay the fee assessed within 30 days after the date the notice was mailed.
(4) 
Failure to pay assessment. If the assessed fee is not paid within 30 days of the date of the mailing of the invoice an additional administrative collection charge of $20 shall be added to the amount due, plus interest shall accrue on the assessment at the rate of 1.5% per month or fraction thereof until paid. To the extent permitted by law, if the licensee is the owner of the real estate where the licensed business is located, any delinquent assessment shall be extended upon the current or the next tax bill as a special charge against the real estate premises for current services. No license shall be issued or renewed under this section if the licensee is delinquent in the payment of a fee assessed under this section.
(5) 
Mailing of notices. Schedules, notices and invoices shall be considered mailed to a licensee when mailed by first class mail, postage prepaid, to the licensee at the licensee's address as shown on the application form.
(6) 
Change of ownership. If the ownership of a commercial business licensed under this section is transferred during a license year, the owner of the business as of July 1 of the license year shall be liable and responsible for the payment of the fees assessed under this section.
L. 
Violations. In addition to any other remedy, any person who fails to comply with the provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, § 1-4, of this Municipal Code. Each day a violation exists or continues shall constitute a separate offense.
[Amended 8-19-2008 by Ord. No. 1868(10)]
[1]
Editor's Note: This ordinance also ordained that: "the initial partial license year shall commence on January 1, 2004, and the first full license year shall commence on July 1, 2004."

§ 254-2 Vendor vehicle permit.

[Amended 4-7-1993 by Ord. No. 1418(34)]
A. 
Vendor vehicle permit. No person, except farmers and truck gardeners lawfully permitted to sell homegrown produce within a designated farmers' market as provided in § 254-3, shall park or maintain upon the public streets, sidewalks or parking lots any pushed, pedaled, pulled or motorized vehicle from which any goods, wares or merchandise shall be sold while such vehicle is parked on such public street, sidewalk or parking lot unless a permit therefor has been obtained as hereinafter provided.
B. 
Application.
(1) 
Any person desiring a permit under this section and who is registered or also applying for registration as a direct seller shall make an application on forms provided by the City Clerk and shall state:
(a) 
Name and address of the person desiring the permit.
(b) 
A description of the vehicle from which sales will occur.
(c) 
A description of the articles to be sold.
(d) 
Location or locations where the applicant desires to park for the purpose of sales.
(2) 
Any person desiring a permit under this section and who is not registered or also applying for registration as a direct seller shall make an application on forms provided by the City Clerk and shall state:
(a) 
Name, permanent address, telephone number, and temporary address, if any, of the person desiring the permit.
(b) 
Date of birth, height, weight, and color of hair and eyes.
(c) 
Name, address and telephone number of the person, firm, association or corporation that the vendor represents or is employed by or whose merchandise is being sold.
(d) 
A description of the vehicle from which sales will occur.
(e) 
A description of the articles to be sold.
(f) 
Location or locations where the applicant desires to park for the purpose of sales.
(g) 
If required by the state, a copy of the applicant's current Wisconsin Seller's Permit shall be provided.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Upon receipt of each application, the Clerk shall refer it immediately to the Chief of Police who shall, within two working days, review the application to determine if there shall be any restrictions imposed pursuant to Subsection E(2).
C. 
Permit fees shall be as set by the Common Council.[2]
[2]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
D. 
Granting of permit. Permits shall be granted by the City Clerk upon payment of the fee and shall be valid for one year from the date of issue. Permits may be revoked at any time by the Council.
E. 
Regulation.
(1) 
No vehicular vendor shall impede the free use of public streets, sidewalks and parking lots by pedestrians and vehicles, and all traffic and parking regulations shall be observed.
(2) 
The Chief of Police shall have authority to designate or limit to the permittee, if necessary, the streets and locations on such streets where the permittee may operate or park his vehicle for business purposes, taking into consideration conditions of traffic, rights of abutting property owners, etc. The permittee shall be notified in writing of restrictions imposed by the Chief of Police under this subsection, and such restrictions may be modified at any time as conditions warrant.
(3) 
On the day of the Chocolate City Parade, no holder of a vendor vehicle permit shall park or maintain upon the public streets, sidewalks or parking lots any pushed, pedaled, pulled or motorized vehicle from which any goods, wares or merchandise shall be sold along the route of, or within the area barricaded for, the Chocolate City Parade unless such vendor also obtains a special sales within barricaded areas permit as provided under § 254-5.
F. 
Appeal. Any person whose parking location is limited by the Chief of Police pursuant to Subsection E(2) may appeal such restriction to the Common Council by filing a written statement within 14 days after the date the restriction was imposed setting forth the grounds for appeal. The Common Council shall notify the permittee at least five days prior to the hearing date of the date and time set forth for the hearing, such notice to be sent to the address given by the permittee in his statement of appeal or served personally on the permittee.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 254-3 Sales at farmers' market.

[Added 2-6-1990 by Ord. No. 1287(33); amended 3-3-1992 by Ord. No. 1378(48); 1-2-1996 by Ord. No. 1519(26); 8-6-2002 by Ord. No. 1697(11); 6-17-2003 by Ord. No. 1726(6)]
A. 
Permit required. Any person selling produce, food, agricultural commodities or arts and crafts in a designated farmers' market in the City shall obtain from the City Clerk a permit for making such sales.
(1) 
The rules and regulations for operation of the farmers' market shall be promulgated by the Downtown Executive Team.
(2) 
As an alternative to rules and regulations promulgated by the Downtown Executive Team, the Common Council may name a service organization to oversee the farmers' market under rules and regulations which the City promulgates or which the service organization promulgates subject to review and approval by the City at committee level.
B. 
Information required for permit. A permit shall only be issued by the City Clerk upon the seller's provision of the information required on the application form. Application for a permit shall constitute the seller's agreement to abide by the rules and regulations for the farmers' market.
C. 
Fees. The fee for the permit shall be in an amount set by the Common Council.
D. 
Authorization. The permit shall authorize the holder thereof to sell the items listed in the application at the Burlington Farmers' Market, the location of which shall be specified by the Common Council.
E. 
Exemption from other ordinance provisions. A person obtaining a permit under this section shall not be required to abide by the municipal parking lot provisions of § 293-3B(1), (3) and (4) of this Municipal Code during the days and hours of the farmers' market, nor shall the person be required to register as a direct seller pursuant to § 254-1 or obtain a vendor vehicle permit pursuant to § 254-2 for sales made at the farmers' market.
F. 
Use of permit revenue. Revenue generated by the cost of the permits required herein shall be used for administration of the Burlington Farmers' Market.
G. 
Violations. Any person failing to obtain a permit required by this section shall be subject to the penalty provisions as provided in Chapter 1, § 1-4 of this Municipal Code. Any permit holder violating the rules and regulations of the farmers' market shall be subject to the penalties provided in said rules, including but not limited to the imposition of a service fee and the suspension or revocation of the permit.

§ 254-4 Rummage sales. [1]

[Added 2-2-1993 by Ord. No. 1411(21); amended 4-7-1993 by Ord. No. 1425(44); 6-2-1998 by Ord. No. 1586(5)]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERSONAL PROPERTY
Property which is owned, utilized and maintained 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.
RUMMAGE SALE
Includes all general sales, open to the public, conducted from or on a residential premises, as defined by Chapter 315, Zoning, of the Municipal Code, for the purpose of disposing of personal property, including but not limited to all sales titled "rummage," "lawn," "yard," "porch," "room," "backyard," "patio" or "garage" sale.
B. 
Property permitted to be sold. It shall be unlawful for any person to sell or offer for sale at a rummage sale property other than personal property.
C. 
Hours and place of operation. Rummage sales shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m. No more than three rummage sales in one calendar year may be conducted from any premises. Each sale may last no longer than three consecutive days and must be conducted on the seller's property.
D. 
Signs. "Rummage Sale," "Garage Sale" or similar signs shall be permitted to advertise the rummage sale. There shall not be more than one such sign per lot, except that on a corner lot two signs are allowed, one facing each street. A sign shall not exceed 12 square feet in area and shall be located not less than eight feet from the nearest lot line. Said signs may be placed only upon the property of the residence where the sale is being held or upon other residential property with permission of the owner or other person in charge of such, at the time of sale. No signs shall be placed within the area of any public lands or right-of-way. Any sign must contain the following information:
(1) 
The name and address of the person holding the rummage sale.
(2) 
The dates of the sale.
(3) 
The location of the sale.
E. 
Removal of signs. All signs, no matter where placed, must be removed within 24 hours of the close of the rummage sale.
F. 
Penalty. Any person who violates or fails to comply with any provision of this section shall, on the first offense, be issued a warning. Upon conviction of a second offense thereof, a person shall be subject to the penalties set forth in Chapter 1, § 1-4, of this Municipal Code.
[Amended 8-19-2008 by Ord. No. 1868(10)]
[1]
Editor's Note: See also Ch. 315, Zoning, § 315-45E.

§ 254-5 Sales on public right-of-way during special events.

[Added 5-5-1993 by Ord. No. 1430(5)]
A. 
Purpose. It is determined and declared that the use of certain public rights-of-way on the days in which certain special events are scheduled as listed in Subsection B for the specific public purposes for which the right-of-way is intended is pre-eminent. It is determined and declared that sales on the designated public rights-of-way in Subsection B interfere with their use for their intended purpose. It is further determined and declared that the use of the public sidewalk and streets outside the annual Chocolate City Festival site for sales interferes with the orderly ingress and egress to and from these premises and therefore with their use for their intended purposes.
B. 
Special events; designated right-of-way. The Chocolate City Parade shall proceed along the approved routes specified by the Common Council.
C. 
Permit required. Any person holding a direct seller or vendor vehicle permit who wishes to make sales along the route of, or within the area barricaded for, the special events specified in Subsection B must apply for and obtain, not less than three days prior to the special event, a special event sales within barricaded areas permit from the City Clerk which shall permit the holder to remain or park within the barricaded area on the days of those special events specified in Subsection B. The permit fee is set by the Common Council.[1]
[1]
Editor's Note: See Fee Schedule on file at the City Clerk's office.
D. 
Regulations.
(1) 
It shall be unlawful for any person to sell, or offer to sell, any goods, merchandise, foodstuffs, tickets, or any other article of any kind on any public street or public sidewalk within 500 feet of the premises of the Chocolate City Festival site for the period of time beginning two hours immediately before the commencement of the festival and ending one hour immediately after the conclusion of the festival. This subsection does not apply to any sales or offers to sell on the festival site.
(2) 
No person may sell or give away balloons, noisemakers, toy guns or items which propel a projectile along the routes specified in Subsection B on the days on which the special events are scheduled.
(3) 
No person may sell or offer to sell goods, merchandise, foodstuffs, tickets or any article of any kind within 25 feet of the street curbline on the routes specified in Subsection B on the days on which special events are scheduled, except persons on foot, who may sell within 25 feet of the curbline but not within the street.
(4) 
All persons obtaining permits under Subsection C for the special events specified in Subsection B and making sales from vehicles must have a vehicle vendor permit under § 254-2 and must indicate, when filing application for this special event sales permit, a location within the barricaded area where they wish to station their vehicles. Assignment to locations, which shall be made by the Police Department and the organization sponsoring the special event, shall be based on a first come, first served basis, subject to the following criteria:
(a) 
No vehicle may be within 25 feet of the street curbline on the route.
(b) 
No motor vehicle may be within 150 feet of the street curbline on the route.
(c) 
All vehicles must be at least 15 feet apart from each other.

§ 254-6 Violations and penalties.

[Amended 11-18-2003 by Ord. No. 1740(20)]
In addition to the suspension or revocation of any license or permit issued under this chapter, unless otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code.