For the purposes of this chapter, the following terms, phrases,
words and their derivations have the meanings given in this section,
or if not defined in this section will be given their ordinary accepted
meaning:
GARAGE SALE
Includes all general sales, open to the public, conducted
from or on a residential premises in any residential zone, as defined
by Title 16, Land Use and Development Code, for the purposes of disposing
of personal property, including but not limited to all sales entitled
"garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio,"
"flea market" or "rummage" sale. The term "auctions" does not include
any land or structures customarily used in the auction business and
legally established under Title 16, Land Use and Development Code.
PERSONAL PROPERTY
Property which is owned, utilized and maintained by an individual
or members of his or her 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.
It is unlawful for any individual to sell or offer for sale
under authority granted by this chapter property other than personal
property.
No garage sale may be conducted unless and until the individual
desiring to conduct such sale obtains a permit from the Police Chief.
Prior to issuance of any garage sale permit, the individuals
conducting such sale must file a written statement with the Chief
of Police at least five days in advance of the proposed sale, setting
forth the following information:
A. Full name and address of applicant;
B. The location at which the proposed garage sale is to be held;
C. The date or dates upon which the sale is to be held; and
D. The date or dates of any other garage sales held by them within the
current calendar year.
The permit sets forth and restricts the time and location of
such garage sale. No more than five such permits may be issued to
one residence and/or family household during any calendar year.
Such garage sale is limited in time to no more than the daylight
hours of three consecutive days. If, however, a sale is not held because
of inclement weather on the date for which the permit is issued, the
Chief of Police may grant an extension to the applicant for the garage
sale to be conducted at the same location for an additional period
of time lost to inclement weather.
Before issuing a permit, the Chief of Police may conduct an
investigation as may reasonably be necessary to determine if there
is compliance with this chapter.
Any permit in possession of the holder or holders of a garage
sale is to be posted on the premises in a conspicuous place.
The Police or Fire Department may enforce such temporary controls
to alleviate any special hazards and/or congestion created by any
garage sale as it deems fit.
The provisions of this chapter do not apply to or affect the
following:
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 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 Title 16, Land Use and Development Code or under the
protection of the nonconforming use section thereof, or any other
sale conducted by a dealer or vendor and which sale would be conducted
from properly zoned premises and not otherwise prohibited by any other
local or state statute or ordinance; and
D. Any bona fide charitable, religious, educational, cultural or governmental
institution or organization when the proceeds from the sale are used
directly for the institution or organization's charitable purposes
and the goods or articles are not sold on a consignment basis.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter
1.3.