For purposes of this chapter, the following terms have the meanings
stated.
SPONSOR
A person who organizes or sponsors a yard sale and who assumes
liability and responsibility during the sale for compliance with all
pertinent laws and regulations of the City. A person may be a sponsor
for that person's yard sale or for yard sales conducted on more
than one property with the permission of the owners of all properties.
YARD SALE
The offering of goods, merchandise and services for sale,
whether or not for profit, on the yard or lawn of a residential property
in the City.
The sponsor of a yard sale and person conducting a yard sale
jointly are responsible and liable for:
A. Ensuring compliance by all persons involved in the yard sale with
all pertinent laws and regulations of the City.
B. All acts arising from the yard sale.
C. Maintaining the location of the yard sale in a clean and safe condition,
free from litter and trash, during the sale and for cleaning up the
site and adjacent properties from all yard sale litter and trash not
later than one day after completion of the sale. If the sponsor does
not fulfill the sponsor's responsibilities under this subsection,
the City may do so and hold the sponsor liable for the cost and expense
incurred by the City.
D. Ensuring that the yard sale does not interfere with the smooth flow
of vehicular and pedestrian traffic on streets and sidewalks that
adjoin the yard sale. A sponsor shall notify the City when applying
for a yard sale permit if the sponsor anticipates that the sale may
interfere with the smooth flow of traffic and make any necessary arrangements
with City officials to control the flow of traffic.
E. Stopping a yard sale until traffic can be controlled if an unusually
large flow of traffic develops during the yard sale.
F. Ensuring that a yard sale and activities associated with a yard sale
do not disturb the peace, endanger the safety or threaten the welfare
of persons nearby or interfere with the reasonable use of adjacent
property.
G. Ensuring that a yard sale and activities associated with a yard sale
do not present a danger or hazard to health or safety of persons and
property.
H. Ensuring that any construction, electrical work, plumbing, sign erection
or other related activity conducted in connection with the yard sale
shall be performed in accordance with all applicable codes and regulations.
I. Ensuring that no sound-amplification equipment or systems are used
during the yard sale.
J. Complying with a directive issued by the City Administrator to cease
the yard sale until a violation is corrected or a yard sale permit
is obtained.
[Amended 5-14-2018 by Ord. No. O-18-16]
A. A violation of this chapter is a municipal infraction. A person who
violates this chapter is subject to a fine of $75 for each infraction.
Each day that a violation occurs or continues is a separate infraction.
B. This chapter may be enforced, and municipal infraction citations
issued, by City police officers and City compliance inspectors. All
of these persons are "officers" for purposes of this chapter.