[HISTORY: Adopted by the Town Commission of the Town of Zolfo Springs 11-19-2007 by Ord. No. 2007-11. Amendments noted where applicable.]
No person shall engage in any garage sale in the corporate limits of the Town of Zolfo Springs without having obtained a garage sale permit as required by this chapter or other law of this state.
When used in the chapter, the following terms and phrases shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
- GARAGE SALE
- Includes all general sales, open to the public, for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," "estate," or "rummage" sales. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisements of such sale specifically name those items to be sold.
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained by an individual or other residents of his or her place of residence, 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.
No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the Town Clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them. The Town Clerk shall collect from the applicant a fee of $10 upon issuing the permit. All new fees shall be set forth from time to time by resolution by the Town Commission.
Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the Town Clerk setting forth the following information:
Full name and address of the applicant.
The location at which the proposed garage sale is to be held.
The date or dates upon which the sale will be held.
The date or dates of any other garage sales by the same person or at the same residence within the current calendar year.
An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired nor consigned for the purposes of resale.
False information. Any permit issued under this chapter may be revoked or any application for issuance of a permit may be denied by the Town Manager/Town Clerk, after notice to the applicant, if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement. An appeal of such action may be filed with the Town Commission.
Conviction of violation. If any individual is convicted of an offense under this chapter, the Town Clerk is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two years from the time of conviction.
No more than six permits per calendar year and two block permits per calendar year are allowed.
Any permit issued pursuant to this chapter shall be available and exhibited for inspection upon request of any officer authorized to enforce this chapter.
If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the Town Clerk may void the old permit and issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the day when the first sale was to be held.
Only the following specified signs may be displayed in relation to a garage sale:
On-premises signs. Two signs of not more than two square feet or less shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
Directional signs. Two signs of not more than two square feet or less are permitted away from the property of the residence where the garage sale is being conducted, provided that the premises upon which the garage sale is conducted are not on a major thoroughfare, and written permission to erect the signs is received from the property owners upon whose property such signs are to be placed.
Signs to show permit number. Each sign advertising a garage sale shall show the permit number in figures at least two inches in height.
Signs prohibited on utility poles. No sign permitted by this chapter shall be attached to a utility pole.
Limit on time for advertising. No sign or other form of advertisement for a garage sale shall be exhibited for more than one day prior to the day such sale is to commence.
Removal of signs. Garage sale signs shall be removed at the close of the garage sale activities.
Violations of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court of misdemeanors by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each day any violations of any provisions of this chapter shall continue shall constitute a separate offense, unless otherwise provided.
The provisions of this chapter shall not apply to or affect the following:
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 sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such sale is permitted by the zoning regulations of the Town or under the protection of the nonconforming use section thereof, or any other sale conducted by a manufacturer, dealer or vendor and which sale is conducted from properly zoned premises and not otherwise prohibited in other ordinances.
Any sale by a bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization, when the proceeds from the sale are used directly for the institution's or organization's charitable purposes and the goods or articles are not sold on a consignment basis.
It shall be the duty of the Town Manager, Chief of Police, Code Enforcement and Town Commission to enforce this chapter.