Cross Reference — Zoning, ch. 405.
[CC 1979 §14-59; Ord. No. 81-024 §1, 12-21-1981]
The Board of Aldermen for the City of Manchester finds and declares that:
The intrusion of non-regulated garage sales is causing annoyance to citizens in residential areas in the City of Manchester.
The provisions contained in this Chapter are intended to prohibit the infringement of any businesses in any established residential areas by regulating the term and frequency of garage sales so as not to disturb or disrupt the residential environment of the area.
The provisions and prohibitions hereinafter contained are enacted not to prevent but to regulate garage sales, for the safety and welfare of the City's citizens.
[CC 1979 §14-60; Ord. No. 81-024 §1, 12-21-1981]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.
- GARAGE SALE
- Includes all general sales, open to the public, conducted from or on a residential premises which is owned or occupied by the person conducting the sale in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage", "lawn", "yard", "attic", "porch", "room", "backyard," "patio", "rummage" or "estate" 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 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.
[CC 1979 §14-61; Ord. No. 81-024 §1, 12-21-1981]
It shall be unlawful for any individual to sell or offer for sale, under authority granted by this Chapter, property other than personal property.
[CC 1979 §14-62; Ord. No. 81-024 §1, 12-21-1981; Ord. No. 95-846 §1, 12-18-1995]
No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the City. Up to two (2) persons may be issued a single permit by the City for the same location and date or dates of the sale provided that, of such persons, at least one (1) shall own or occupy the premises from which the personalty is to be sold. No permit shall be issued, except for single family properties.
[CC 1979 §14-63; Ord. No. 81-024 §1, 12-21-1981]
Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the City, at least five (5) days in advance of the proposed sale (mailed applications must be postmarked at least seven (7) days in advance of the sale), setting forth the following information:
Full name and address of applicant;
The location at which the proposed garage sale is to be held;
The date or dates upon which the sale shall be held;
The date or dates of any other garage sales within the current calendar year;
An affirmative statement that the property to be sold was owned by the applicant as his/her own personal property and was neither acquired or consigned for the purposes of resale.
[CC 1979 §14-64; Ord. No. 81-024 §1, 12-21-1981]
There shall be no fee for the first (1st) and second (2nd) issuance of such permits. Thereafter, there shall be a fee of fifty dollars ($50.00) for the third (3rd) issuance of said permit.
[CC 1979 §14-65; Ord. No. 81-024 §1, 12-21-1981]
The permit shall set forth and restrict the time and location of such garage sale. No more than three (3) such permits may be issued to one (1) residence and/or household during any calendar year.
[CC 1979 §14-66; Ord. No. 81-024 §1, 12-21-1981]
Such garage sales shall be limited in time to no more than the daylight hours of three (3) consecutive days or two (2) consecutive weekend days (Saturday and Sunday) or a combination thereof but not exceeding three (3) days in the aggregate.
[CC 1979 §14-67; Ord. No. 81-024 §1, 12-21-1981]
If a garage sale is not held on the dates for which the permit is issued or is terminated during the first (1st) day of the sale because of inclement weather conditions, and a signed statement by the permit holder to this effect is submitted, the City may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first (1st) sale was to be held. No additional permit fee is required.
[CC 1979 §14-68; Ord. No. 81-024 §1, 12-21-1981]
Before issuing a permit, the City may conduct an investigation as may reasonably be necessary to determine if there is compliance with this Chapter.
[CC 1979 §14-69; Ord. No. 81-024 §1, 12-21-1981]
Personal property offered for sale may be displayed within the residence, in a garage, carport and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in the front or side yard areas of any such premises or in any public right-of-way. However, a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards.
[CC 1979 §14-70; Ord. No. 81-024 §1, 12-21-1981; Ord. No. 95-846 §2, 12-18-1995]
Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale:
Two (2) signs permitted. Two (2) signs of not more than four (4) square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
Directional signs. Two (2) signs of not more than two (2) square feet each are permitted provided that the premises upon which the garage sale is conducted is not on or adjacent to a roadway which is part of the State of Missouri or St. Louis County road system, in which event no such directional signs may be permitted, and further provided that written permission to erect said signs is received from the property owner(s) upon whose property such signs are to be placed.
Time Limitations. No sign or other form of advertisement shall be exhibited for more than two (2) days prior to the day such sale is to commence.
Removal Of Signs. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.
[CC 1979 §14-71; Ord. No. 81-024 §1, 12-21-1981]
The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the Police Department of the City in order to maintain the public health, safety and welfare.
[CC 1979 §14-72; Ord. No. 81-024 §1, 12-21-1981]
A Police Officer or any other official designated by any City ordinance to make inspections under the licensing or regulating ordinance or to enforce the same shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or arrest any individual who violates the provisions of this Chapter.
[CC 1979 §14-73; Ord. No. 81-024 §1, 12-21-1981]
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
[CC 1979 §14-74; Ord. No. 81-024 §1, 12-21-1981]
False Information. Any permit issued under this Chapter may be revoked or any application for issuance of a permit may be refused by the City if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
Conviction Of Violation. If any individual is convicted of an offense under this Article, the City is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual any other garage sale permit for the premises owned or occupied by the said convicted individual for a period of one (1) year from the date of said conviction that the said individual owns or occupies the premises.
[CC 1979 §14-75; Ord. No. 81-024 §1, 12-21-1981]
The provisions of this Chapter shall not apply to or affect the following:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
Persons acting in accordance with their powers and duties as public officials;
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 and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances; or
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.