[Adopted 10-21-1980 (Ch. 89 of the 1991 Code)]
Nothing shall prevent any resident of this City from conducting a garage sale upon the premises owned by the seller, provided that such sale shall not be conducted continuously for a period of more than three days and does not conflict with any laws or statutes, whether local, state, federal or otherwise. Any items on display for such garage sale which are not sold after two days must be removed from the site of the sale and placed indoors for storage. Such sale shall include any sale of personal property not covered or defined under Chapter
640, Zoning, of the Code of the City and shall include lawn, garage, porch sales, etc., regardless of the description of such sale. Such sales shall be limited to three per calendar year.
[Added 10-30-1991 by L.L. No. 4-1991]
Any violation of this article shall be punishable by a fine
of not more than $250 and/or imprisonment of not more than 15 days.
[Adopted 9-7-1982 (Ch. 134 of the 1991 Code)]
As used in this article, the following terms shall have the
meanings indicated:
PERSON
Includes one or more persons of either sex, natural persons,
corporations, school districts, partnerships, associations, joint-stock
companies, societies and all other entities of any kind capable of
being sued.
SECONDHAND PROPERTY SALES
The sale, lease, conditional sale, giving or any other form
of delivery of any used personal property.
USED PERSONAL PROPERTY
Any personal property which is not displayed in its original
state, original packaging or original condition.
Every person engaged in the business of buying and selling used
or secondhand personal property within the City of Fulton shall keep
an accurate and true record made at the time of the purchase and at
the time of sale of personal property, showing and describing the
property so purchased or sold, so that it may be identified by name
and address of the person from whom such property is purchased or
to whom such property is sold. Such records shall be preserved at
least six years after such transaction, and such dealer shall produce
and exhibit the same to any police officer of the City upon the request
of such officer.
All persons purporting to be conducting secondhand property sales shall maintain and conduct such only in a C-1 or C-2 Commercial District or in an M-1 Manufacturing District, as such districts are defined by §§
640-15,
640-16 and
640-19 of Chapter
640, Zoning; however, any persons purporting to be conducting secondhand property sales which are situate in a C-1 or C-2 Commercial District or an M-1 Manufacturing District on the effective date of this article shall have 60 calendar days from the effective date of this article to comply with the provision of the same.
The Zoning Inspector of the City of Fulton is hereby designated
as the enforcement officer of this article.
No officer, agent or employee of the City of Fulton shall render
himself personally liable for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties under this article.