City of Osage Beach, MO Article I Garage Sales

Section 615.010 Purpose of Article.

[R.O. 2006 §615.010; Ord. No. 93.27 §1, 6-17-1993]

The purpose of this Article is to allow individuals and some organizations the ability to reasonably dispose of surplus personal property while protecting the character of residential areas, providing for safe traffic flows, protecting businesses from unfair competition, maintain the safeguards in the peddler's and solicitor's code, maintain the safeguards within the current secondhand goods code.

Section 615.020 Definitions.

[R.O. 2006 §615.020; CC 1985 §19-1; Ord. No. 93.27 §2, 6-17-1993]

As used in this Article, the following words and terms shall have the meanings respectively ascribed:

GARAGE SALE

All general sales, open to the public, for the purpose 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. This definition shall not include a situation where no more than five (5) specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

PERSONAL PROPERTY

Property that 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.

RESIDENTIAL ZONES

All zones within the City of Osage Beach Code of Ordinances which are used primarily for residential, non-commercial, purposes, i.e., "A-1", "R-1a", "R-1b", "R-2", "R-3", "C-1b" and "M". Those areas within a PUD-2 which are designated for residential use, and other zones which may be enacted of similar nature.

RESIDENTS

Those individuals meeting qualifications as a registered voter whether registered or not registered.

Section 615.030 Zones of City Where Garage Sales Permitted.

[R.O. 2006 §615.030; CC 1985 §19-2; Ord. No. 93.27 §2, 6-17-1993]

A. Garage sales are permitted in residential zones of the City.

B. Garage sales are permitted in all other zones of the City after a commercial permit is obtained from the City Clerk's office.

Section 615.040 Permit.

[R.O. 2006 §615.040; CC 1985 §19-3; Ord. No. 93.27 §2, 6-17-1993]

A. Residents of Osage Beach may hold garage sales not more than three (3) times per year for the sale of personal property within residential zones. Each garage sale shall be for a duration no greater than seventy-two (72) hours.

B. Commercial permits shall be issued to residents of Osage Beach not more than three (3) times per year for the sale of personal property within zones other than residential. Each permit must be for a specific parcel, the owner of the property must grant written permission, and duration must be less than seventy-two (72) hours.

C. Request for permits must be made a minimum of twenty-four (24) working hours prior to the commencement of the garage sale.

D. Multiple residents at one (1) site require only one (1) permit although all residents shall be listed on the permit.

E. Permit shall include an affirmative statement that only personal property as herein defined will be offered for sale.

Section 615.050 Exceptions.

[R.O. 2006 §615.050; CC 1985 §19-4; Ord. No. 93.27 §2, 6-17-1993]

A. This Article shall not apply to the following situations:

1. Persons selling goods pursuant to an order or process of a court of competent jurisdiction.

2. Persons acting in accordance with their powers and 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 of Osage Beach or under the protection of the non-conforming use section thereof or any other sale conducted by a manufacturer, dealer or vendor and which 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 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.

Section 615.060 Violation.

[R.O. 2006 §615.060; CC 1985 §19-5; Ord. No. 93.27 §2, 6-17-1993]

Failure to secure a permit shall be deemed a violation of the Osage Beach Code of Ordinances and subject to the penalty set forth in Section 100.190.

Section 615.070 Supplements But Does Not Supplant Other Chapters of The Code of Ordinances.

[R.O. 2006 §615.070; CC 1985 §19-6; Ord. No. 93.27 §2, 6-17-1993]

This Article is designed to clarify the current Code of Ordinances and does not supersede nor supplant any other Chapter or Article of the Code of Ordinances.