[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:
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.
A.
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.
B.
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.
C.
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:
A.
Name of the person, firm, group, corporation, association
or organization conducting said sale.
B.
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.
C.
The location at which the sale is to be conducted.
D.
Date(s) on which the sale is to be conducted.
E.
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.
F.
Whether or not the applicant has been issued any other
vendor's license by any local, state or federal agency.
G.
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.
A.
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)]
B.
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.
C.
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:
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 items of
personal property, which items do not exceed three in number.
D.
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.
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 Ch. 135, Zoning, of the Village of Yorkville or under the protection of the nonconforming use provisions thereof,[1] 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.
A.
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.
B.
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.
