[HISTORY: Adopted by the Village Board of the Village of Yorkville 12-6-1994 by L.L. No. 4-1994. Amendments noted where applicable.]
The following terms shall have the meanings indicated:
- GARAGE SALE
- Includes sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "flea market sale" or any other casual sale of tangible personal property which is promoted by any means whereby the public at large is or can be made aware of said sale and takes place outside the confines of a retail store.
- Includes any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Includes individuals, partnerships, voluntary associations and corporations. For the purpose of the provisions of this chapter relating to licensing, "person" shall include family or household groups.
It shall be unlawful for any person to conduct a garage sale in the Village of Yorkville without first filing with the Village Clerk the information hereinafter specified and obtaining from such Village Clerk a license to do so, to be known as a "garage sale license." Such license must be obtained no less than seven days before the proposed garage sale.
Such license shall be issued to one person not more than twice within a twelve-month period, and no such license shall be issued for more than seven consecutive calendar days.
Each license issued under this chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
Notwithstanding anything to the contrary herein, no more than two garage sales may be held at any one location or lot within any twelve-month period.
The information to be filed with the Village Clerk pursuant to this chapter shall be as follows:
Name of the person, firm, group, corporation, association or organization conducting said sale.
Name of the owner of the property on which said sale is to be conducted and the written consent of the owner if the applicant is other than the owner.
The location at which the sale is to be conducted.
Date(s) on which the sale is to be conducted.
Date(s) and nature of past garage sales conducted by the applicant in the Village of Yorkville for a period of one year prior to application for the garage sale license.
Whether or not the applicant has been issued any other vendor's license by any local, state or federal agency.
Sworn statement or affirmation by the applicant that the information therein is complete and true and known to him to be so.
The merchandise offered for sale shall be only used, unwanted items of personal property acquired for normal use by the licensee. No new or used merchandise from other sources shall be offered for sale. This section shall not be interpreted to preclude neighbors from conducting group sales or relatives from pooling their resources. However, in either case, the names of all persons participating shall be included in the license.
All garage sales shall be conducted between the hours of 9:00 a.m. and sunset.
One sign not greater in size than three feet by three feet may be installed on the property where the sale is being conducted. The sign shall be displayed only during the sale and shall be removed within 24 hours after the completion of the sale. This includes any signs erected on cooperating adjacent properties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A deposit of $25 shall be made for the posting of signs off the premises where the sale is to be conducted, said deposit to be refunded if all signs have been removed within 72 hours of the expiration of the license.
Signs posted within the Village of Yorkville and advertising garage sales to be conducted outside the Village of Yorkville shall be subject to a permit and a deposit of $25, said deposit to be refunded if all signs have been removed within 72 hours after the ending date of the garage sale. The deposit shall be forfeited if the signs have not been removed within 72 hours after the ending date of the garage sale.
The provisions of this chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale items of personal property, which items do not exceed three in number.
Any publisher of a newspaper, magazine or other publication or other communication media which 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.
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 Ch. 135, Zoning, of the Village of Yorkville or under the protection of the nonconforming use provisions thereof, 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.
It shall be the duty of the Police Department of the Village of Yorkville to investigate any violations of this chapter brought to its attention by complaint or arising during performance of its normal duties.
The person to whom this license is issued, and the owner of the premises in the case of a license issued to a tenant of the premises on which the 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 person shall permit loud or boisterous conduct on the said premises or permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such persons shall obey the orders of the Police Department and/or Fire Department of the Village of Yorkville in order to maintain the public health, safety and welfare and shall contact the appropriate authorities should there be a breakdown of order.