[Code 1975 §14.42.1; CC 1989 §12-161]
As used in this Article, the following term shall have the prescribed
meaning:
A sale of goods for profit offered to the public conducted
on residential premises.
[Code 1975 §14.42.1; CC 1989 §12-162; Ord. No.
3547 §1, 10-12-2010]
Any person conducting a garage sale or other sales involving
the offering of multiple items of personal property on property zoned
and occupied as a residence shall be required to obtain a license
from the City. Such license may be conditioned on approval by the
Chief of Police or his designate of a plan assuring safe and efficient
management of parking and traffic flow. Application for such license
shall be made to the City Clerk in such form as may be required by
the City.
[Code 1975 §14.42.2; CC 1989 §12-163; Ord. No.
3215 §1, 3-16-2007; Ord. No. 3547 §2, 10-12-2010]
A.
All garage
sales or other sales involving the offering for sale of multiple items
of personal property on property zoned and occupied as a residence
shall be subject to the following regulations:
1.
No one
shall accept to take in for sale, any goods from any commercial business
or enterprise on a consignment basis.
2.
No personal
property of any type belonging to anyone not living in the residence,
or which the person living in such residence has not owned for at
least six (6) months, shall be brought upon the premises for the purpose
of being sold in such sale.
3.
There
shall be no display or sale of any property in the front yard of the
premises.
4.
Except
as otherwise provided herein below, not more than one (1) such sale
per calendar year shall be held on the property if occupied by the
same family or any member of such family. In no event shall any such
sale be conducted within six (6) months of a prior sale.
A change in ownership of the property clears the record of previous
sales. The limitation of one (1) sale per calendar year will apply
commencing with the closing date on the sale of the property.
For the purpose of this Section, a "sale" is
defined as any one (1) or two (2) day sale activity occurring on the
property over a five (5) consecutive day period.
5.
Any
sale conducted pursuant to the provisions hereof shall be confined
to the period between 8:00 A.M. and 5:00 P.M. of any day and shall
not exceed in excess of two (2) consecutive days.
6.
No one
may employ the services of a professional sales person, auctioneer
or promoter in connection with any such sale; except that a professional
sales person, other than an auctioneer, may be employed to conduct
sales of household furniture, furnishings, jewelry and clothing in
the dwelling place of a person who has recently died or has moved
or is in the process of moving his/her place of residence.
7.
The
licensee or property owner shall be responsible for assisting in the
free movement of traffic on the street abutting the place of sale,
including, if applicable, the posting of temporary "No Parking" signs
along the same side of the street as fire hydrants.
[Code 1975 §14.42.3; CC 1989 §12-164]
The provisions of this Article shall not apply to or affect
persons selling goods pursuant to an order of process of a court of
competent jurisdiction or persons acting in accordance with their
powers and duties as public officers.
[Code 1975 §14.42.4; CC 1989 §12-165]
