It is the purpose of this chapter to provide
for the regulation of the nature and frequency of garage sales, in
order to prevent any annoyance or harm which might otherwise occur
from the uncontrolled operation of such sales in districts not zoned
for commercial use.
As used in this chapter, the following terms
shall have the meanings indicated:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," "moving 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.
GOODS
Includes any new or used goods or other property capable
of being the object of the sale regulated hereunder.
[Amended 2-20-2007 by Ord. No. 6161]
It shall be unlawful for any person to conduct
a garage sale in the City of Crystal Lake without first filing with
the Chief of Police or his/her designated representative the information
hereinafter specified and obtaining from the Chief of Police or his/her
designated representative a license to do so, to be known as a "garage
sale license."
[Amended 11-16-2012 by Ord. No. 6857]
No person or group of persons shall receive
more than three garage sale licenses during any 12 consecutive months.
No such license shall be issued for more than four consecutive calendar
days. If members of more than one residential dwelling join in holding
a garage sale, then such sale shall be considered as having been held
for each and all such residents. 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.
No license issued under this chapter shall be construed to authorize
the retail sale at any garage sale of goods purchased wholesale by
the person conducting such sale.
[Amended 2-20-2007 by Ord. No. 6161]
The information to be filed with the Chief of
Police or his/her designated representative, pursuant to this chapter,
shall be as follows:
A. Name of person, firm, group, corporation, association
or organization conducting said sale.
B. Name of owner of the property on which said sale is
to be conducted, and the consent of the owner if the applicant is
other than the owner.
C. Location at which sale is to be conducted.
D. Number of days and hours of sale.
E. Date and nature of any past sale.
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 person signing
that the information therein given is full and true and known to him/her
to be so.
[Amended 2-20-2007 by Ord. No. 6161; 11-16-2012 by Ord. No.
6857]
The placement of garage/yard/estate sale signs
is allowed as long as the following requirements are met:
A. Garage/Yard/Estate
sale signs may be displayed for up to four consecutive days, provided
that the sign is displayed for not more than one day prior to the
commencement of the garage sale. The maximum size of each sign may
be six square feet and up to three feet in height.
B. Each sign
must have the address and dates affixed to it.
C. Signs on
private property in locations other than the site of the advertised
activity may only be placed with the consent of the owner of the private
property.
D. Signs may
not be placed in the public right-of-way and may not obstruct or otherwise
interfere with vehicular or pedestrian traffic.
E. Signs must
be removed by no later than 5:00 p.m. on the final date of the garage
sale.
The provisions of this chapter shall not apply
to or affect the following persons or sale:
A. Persons selling goods pursuant to an order of process
of a court of competent jurisdiction.
B. Persons acting in accordance with their powers and
duties as public officials.
C. Any persons selling or advertising for sale an item
or items of personal property which are specifically named or described
in the advertisement in which separate items do not exceed five in
number.
D. Any sale which falls within the provisions of 815
ILCS 350/1 (the Fraudulent Sales Act).
[Added 2-20-2007 by Ord. No. 6161]
E. Any sale conducted by a charitable or religious organization,
upon a satisfactory showing that the sale is being held entirely as
a fund-raising activity for said organization.
[Added 2-20-2007 by Ord. No. 6161]
[Added 2-20-2007 by Ord. No. 6161]
No garage sale shall begin before 8:00 a.m.
or continue later than 6:00 p.m. on any given day.
Any person, firm or corporation violating the provisions of this chapter may, in addition to any penalty imposed under Chapter
1, Article
II, General Penalty, of this Code, suffer the penalty of having the license revoked for any such violation. Revocation shall be in writing signed by the Mayor.