[HISTORY: Adopted by the City Council of
the City of Garfield 8-17-1982 by Ord. No. 1790 (Ch. 133 of the 1979
Code). Amendments noted where applicable.]
It is the conclusion of the City Council of
the City of Garfield, based upon the reports of its Police Department,
that unrestricted casual sales within the City, such as garage sales,
rummage sales, lawn sales, attic sales, flea markets, etc., have and
will create problems which have a negative effect upon the health,
safety and welfare of the residents of the City. Included among these
problems are the improper posting of signs, parking and traffic violations
and litter and neighborhood disturbances. While the City Council recognizes
that such sales have become a part of our community life, this chapter
is conceived to preserve the ability of individuals to conduct such
casual sales but, however, to restrict those sales in such a manner
as to reduce their impact upon the residents of the City of Garfield.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes all sales entitled "garage sales," "attic sales"
or "rummage sales" or any similar casual sale of tangible personal
property which is advertised by any means whereby the public at large
is or can be made aware of the sale. "Flea markets," as they are commonly
known, are not covered by this chapter, but are restricted and regulated
by other ordinances within the City of Garfield.
[Amended 11-7-1984 by Ord. No. 1845]
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
Includes individual, partnerships, voluntary associations,
corporations, estates, trusts and nonprofit organizations.
[Amended 9-28-2021 by Ord. No. 2895]
The following regulations shall limit the conduct
of garage sales within the City of Garfield:
A.
No garage sale, as defined by this chapter, shall
be conducted without obtaining a permit for such sale as set forth
in this chapter.
B.
No person shall conduct a garage sale more than four
times in a calendar year.
C.
No location or address shall serve as a site of any
garage sale more than four times in a calendar year.
D.
All sales shall be limited to the hours between 10:00
a.m. and 6:00 p.m. on any given day.
It shall be unlawful for any person to conduct
a garage sale in the City of Garfield without first filing with the
City Clerk the information hereinafter specified, which shall be part
of the application and permit issued by the City Clerk for such sale:
A.
The fee for a garage sale permit is hereby fixed at
$10.
[Amended 5-11-2010 by Ord. No. 2584]
B.
Each permit issued under this chapter must be prominently
displayed on the premises upon which the garage sale is conducted
throughout the entire period of the sale.
C.
The individual conducting such sale shall provide
the following information to the City Clerk:
(1)
The name and address of the person or organization
conducting the sale.
(2)
The name of the owner of property where the sale is
to be conducted.
(3)
The responsible person in charge of the sale.
(4)
The number of days and dates of the sale.
(5)
The dates of previous sales by the applicant and locations
of previous sales by the applicant during the calendar year.
(6)
A statement by the applicant confirming that the information
provided is complete and known by the applicant to be true.
D.
All permits shall be picked up from the Police Department
of the City of Garfield on the day of the sale.
The provisions of this chapter shall not apply
to or affect the following persons or sales:
A.
Persons selling goods pursuant to an order or process
of a court of competent jurisdiction.
B.
Persons acting in accordance with their powers and
duties as public officials.
C.
Any person selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement and which separate items do not exceed three
in number.
D.
Any publisher of a newspaper, magazine or other publication
or other communication media who publishes or broadcasts in good faith
without knowledge of its false, deceptive or misleading character
or without knowledge that the provisions of this chapter have not
been complied with.
E.
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 Chapter 341, Zoning, of the Code of the City of Garfield or under the protection of the nonconforming use section thereof (Article XV of Chapter 341) or any other sale conducted by a manufacturer, dealer or vendor, and which sale would be conducted from properly zoned premises and not otherwise prohibited in the ordinances of the City of Garfield.
F.
Any bona fide charitable, eleemosynary, educational,
cultural or governmental institution or organization; provided, however,
that the burden of establishing the exemption under this subsection
shall be on the organization or institution claiming such exemption.
Organizations claiming this exemption must still apply for a permit
and use signs provided by the City ordinances; however, the fee for
such permit shall be waived.
This chapter shall be enforced by the City of
Garfield Construction Code Official and the City of Garfield Zoning
Enforcement Officer; provided, however, that the City of Garfield
Police Department notifies the Construction Code Official or Zoning
Enforcement Officer of any violations of this chapter which come to
the attention of that Department, either by complaint or by observation
of a patrolling officer.
Adherence to this chapter shall be the responsibility
of the person to whom a permit is issued and the owner or tenant of
the premises on which a sale is conducted. In addition to any other
duties or obligations imposed by this chapter, the responsible persons,
as set forth herein, shall cooperate with the members of the City
of Garfield Police Department, the City of Garfield Construction Code
Official or the City of Garfield Zoning Enforcement Officer in ensuring
that the conduct of the sale does not impede the normal flow of traffic
or otherwise endanger the health, safety and welfare of persons present
at the sale and other residents of the City of Garfield.
Any person who is convicted of a violation of
any provision of this chapter shall be subject to a fine of not more
than $50. Each day of noncompliance with any provision of this chapter
shall constitute a separate violation.
[Added 9-22-2020 by Ord. No. 2843]
A.
At any time, the City Manager may declare a Citywide garage sale. This Citywide garage sale shall not be counted toward the limit of garage sales in a calendar year as otherwise restricted by § 161-3B of this Code.
B.
All of the other regulations for garage sales shall apply to a Citywide
garage sale.
