[HISTORY: Adopted by the Village Council of the Village of
Cassopolis 10-12-2009 by Ord. No. 247. Amendments noted where
applicable.]
A.
The purpose of this chapter is to regulate rummage, garage, yard
and similar sales within the Village limits of Cassopolis so as to
protect public safety, health and welfare, preserve property values
and enhance the aesthetic appearance of the Village, which directly
affects the quality of life and property values within the Village.
B.
Further, this chapter provides for the recovery of costs and expenses
so incurred by the Village; provides for penalties for violations
hereof; and to repeal all other ordinances or parts of ordinances
in conflict or inconsistent herewith.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, expect where
the context clearly indicates a different meaning:
The period from January 1 to December 31 in any year.
Districts defined and identified as such in Chapter 370, Zoning.
A police officer of the Village or any police officer of
the state empowered to enforce municipal ordinances, and/or the zoning
administrator of the Village.
Any sale of tangible personal property not otherwise regulated
in the Village and not falling with the exceptions of this chapter,
advertised in such a manner that the public at large is, or can be,
made aware of such sale.
Any goods, warehouse merchandise or other property capable
of being the object of such sale.
Those areas of the Village not identified and defined as commercial districts in Chapter 370, Zoning.
All garage sales, porch sales, yard sales and sales of a
similar nature conducted in noncommercial districts in the Village.
A permit issued by the Village Clerk or other authorized
agent for an out-of-door sale, issued subject to the limitations of
this chapter.
Includes individuals, partnerships, voluntary associations,
and corporations.
Includes all sales in an area zoned residential entitled
"garage sale," "lawn sale," "attic sale," "rummage sale," "flea market
sale," 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 said sale.
A.
No person shall have, allow, permit or conduct an out-of-door sale
in a noncommercial district in the Village without first having obtained
a permit therefor.
B.
A written application for the permit shall be filed with the Village
Clerk on the forms prescribed by the Clerk, and the application shall
contain the following:
(1)
The name and address of the person conducting the sale.
(2)
The location at which the sale is to be conducted.
(3)
The number of days during which the sale is to be conducted within
the limits set by this chapter.
(4)
A description of items proposed to be sold.
(5)
The date, nature and location of any past sale conducted by the applicant.
C.
An affidavit signed by the applicant affirming that the items to
be sold are the sole property of the applicant and were not purchased
for resale must be filed with the application.
D.
The applicant shall pay a fee, as established from time to time by
resolution of the Village Council, to the Village Clerk at the time
of filing the application for the issuance of the sale permit.
The provisions of this chapter shall not apply to or affect
the following persons or sales:
A.
A sale described in this chapter shall not be conducted for any period
in excess of three consecutive days.
B.
The hours of operation shall be limited to a period of time from
8:00 a.m. until 6:00 p.m.
C.
Not more than two permits shall be issued to the same person or for
the same address in any calendar year.
D.
Applicants must be owners or tenants of the property upon which the
sale is to be permitted.
E.
Permits are nontransferable.
The permit authorizing the sale pursuant to this chapter shall
be displayed in the front window or other prominent place, clearly
visible from the street, at each location where a sale is being conducted.
A.
One sign may be erected advertising a sale described in this chapter
on the premises of the sale, and the sign must be removed immediately
at the end of the third day.
B.
Permitted signs shall not be in excess of four square feet per side.
C.
One off-site sign may be permitted. Off-site signage may only be
placed on the private property of another with the consent of that
property owner.
D.
No such sign shall be placed on public property, right-of-way of
any public street, utility pole and/or traffic signs.
E.
No such sign shall be placed in a manner that obstructs vision at
intersections or driveways.
A.
Any person who violates any provision of this chapter is responsible for a municipal civil infraction, as provided for in Chapter 34, Municipal Civil Infractions, of the Village Code, subject to payment of a civil fine of not less than $50, nor more than $500, plus costs and other sanctions, for each violation (as authorized by Chapter VI, Section 2 of the General Law Village Act, Act No. 3 of the Public Acts of Michigan of 1895, as amended,[1] Chapter 34, Municipal Civil Infractions, and other applicable laws).
[1]
Editor's Note: See MCLA § 66.2.
B.
Repeat offenses under this chapter shall be subject to increased
fines as provided by this section, below. As used in this section,
"repeat offense" means a second (or any subsequent) violation of the
same requirement or provision of this chapter: committed by a person
within any one-hundred-eighty-day period; and for which the person
admits responsibility or is determined to be responsible. The increased
fine for a repeat offense under this chapter shall be as follows:
(1)
The fine for any offense which is a first repeat offense shall be
not less than $100, plus costs.
(2)
The fine for any offense which is a second repeat offense shall be
not less than $250 plus costs.
(3)
The fine for any offense which is a third repeat offense shall be
not less than $400.
(4)
The fine for any offense which is a fourth repeat offense, or any
subsequent repeat offense shall be not less than $500.
C.
Each day on which any violation of this chapter occurs or continues
constitutes a separate offense subject to separate sanctions.
D.
The Ordinance Enforcement Officer is hereby designated as the authorized Village official to issue municipal civil infraction citations and municipal civil infraction notices for violations of this chapter, as provided by Chapter 34, Municipal Civil Infractions. As used in this chapter, "Ordinance Enforcement Officer" means the Village official, employee, agent or other entity appointed by resolution of the Village Council, or designated by ordinance, to perform the functions and tasks assigned by this chapter to the "Ordinance Enforcement Officer."
E.
A violation of this chapter is deemed to be a nuisance per se. In
addition to any other remedy available at law, the Village may bring
an action for an injunction or other process against a person to restrain,
prevent or abate any violation of this chapter.
