The Council of the City of Salem finds and declares
that:
A. The provisions contained in this chapter are intended
to prohibit the infringement of any businesses in the city by regulating
the term and frequency of yard sales so as not to disturb or disrupt
the residential environment of the area.
B. The provisions and prohibitions hereinafter contained
are enacted not to prevent but to regulate garage sales for the safety
and welfare of the citizens.
This chapter shall apply to and include all
sales entitled "garage sale," "yard sale," "lawn sale," " attic sale,"
"rummage sale," "flea market" or any similar casual sale or auction
of tangible personal property which is advertised by any means whereby
the public at large is or can be made aware of said sale. Said sales
will be referred to herein as "garage/yard sales."
All sales shall be conducted between the hours
of 9:00 a.m. and 6:00 p.m. only.
Advertising signs may be posted only on private
property and no other place. No sign shall be exhibited for more than
five days prior to the day of the sale and must be removed immediately
upon the close 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 five in
number.
D. Any publisher of a newspaper, magazine or other publication
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 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 a manufacturer, dealer or vendor and which sale would be conducted
form properly zoned premises and not otherwise prohibited by any other
ordinance or statute.
F. Any bona fide charitable, eleemosynary, educational,
cultural or other 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.
[Amended 10-16-1995 as Ord. No. 95-15; 7-20-2020 by Ord. No. 20-06]
Any person violating this chapter shall, upon conviction, be
subject to a fine of not less than $100 nor more than $2,000; or imprisonment
in the county jail for a term not exceeding 90 days or by a period
of community service not exceeding 90 days. Any person who is convicted
of violating this chapter within one year of the date of a previous
violation of the same chapter and who was fined for the previous violation,
shall be sentenced by a court to an additional fine as a repeat offender.
The additional fine imposed by a court upon a person for a repeated
offense shall not be less than the minimum or exceed the maximum fine
fixed for a violation of the chapter, but shall be calculated separately
from the fine imposed for the violation of the chapter.