[R.O. 2011 § 640.020; R.O. 2009 § 119.30; CC 1981 § 16-401; Ord. No. 87-136, 6-19-1987]
For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GARAGE SALE
All general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by Chapter 400 of this Code of Ordinances, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "back yard," "patio," "flea market" or "rummage" sale. This definition shall not include situations where no more than five (5) 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 members of his/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.
[R.O. 2011 § 640.030; R.O. 2009 § 119.31; CC 1981 § 16-402; Ord. No. 87-136, 6-19-1987]
It shall be unlawful for any individual to sell or offer for sale, under authority granted by this Article, property other than personal property.
[R.O. 2011 § 640.040; R.O. 2009 § 119.32; CC 1981 § 16-403; Ord. No. 87-136, 6-19-1987]
No more than four (4) garage sales may be held at any one (1) residence during any calendar year.
[R.O. 2011 § 640.050; R.O. 2009 § 119.33; CC 1981 § 16-404; Ord. No. 87-136, 6-19-1987]
Each garage sale shall be limited to no more than the daylight hours of three (3) consecutive days or two (2) consecutive weekends (Saturday and Sunday).
[1]
Editor's Note: Former Section 640.050, Advertising, was repealed by Ord. No. 25-056, 7-1-2025. Prior history includes: R.O. 2011 § 640.060; R.O. 2009 § 119.34; CC 1981 § 16-405; and Ord. No. 87-136.
[R.O. 2011 § 640.070; R.O. 2009 § 119.35; CC 1981 § 16-406; Ord. No. 87-136, 6-19-1987]
The display of more than five (5) items for sale upon any residential premises in any residential zone or the advertising of such sale upon the premises or in other locations within the City shall create a rebuttable presumption that such person is conducting a garage sale.
[R.O. 2011 § 640.080; R.O. 2009 § 119.36; CC 1981 § 16-407; Ord. No. 87-136, 6-19-1987]
A. 
The provisions of this Article shall not apply to or affect the following:
1. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
2. 
Persons acting in accordance with their powers or duties as public officials.
3. 
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 the zoning regulations of the City or under the protection of the non-conforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor wherein such sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
4. 
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization when the proceeds for the sale are used directly for the institution or organization's charitable purpose and the goods or articles are not sold on a consignment basis.