[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.
[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.
[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.
[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.
[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.
[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.
[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.