[R.O. 2009 §23-31; Ord. No. 1483 §I, 6-27-1979]
The following words and phrases, when used in this Article,
shall have the meanings respectively ascribed to them:
Includes all general sales, open to the public, conducted
from or on a residential premise 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", "back yard", "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.
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, but not including motor vehicles.
It does not include merchandise which was purchased for resale or
obtained on consignment.
[R.O. 2009 §23-32; Ord. No. 1483 §XVI, 6-27-1979]
A.
The
provisions of this Article shall not apply to or affect the following:
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 or under the protection
of the non-conforming use Section thereof or any other sale connected
by 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. 2009 §23-33; Ord. No. 1483 §IX, 6-27-1979]
Personal property offered for sale may be displayed within the
residence, in a garage, carport and/or yard, but only such areas.
No personal property offered for sale at a garage sale shall be displayed
in any public street or right-of-way.
[R.O. 2009 §23-34; Ord. No. 1483 §XI, 6-27-1979]
A.
Signs Permitted. Only the following specified signs may
be displayed in relation to a pending garage sale:
1.
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.
2.
Directional signs. Two (2) signs of not more than
two (2) square feet each are permitted provided that written permission
to erect signs is received from the property owners upon whose property
such signs are to be placed. No signs shall be erected, placed, posted
or otherwise displayed on any public property including street signs
and posts, traffic signs and posts or upon public utility pole.
B.
Time Limitations — Removal. Such signs shall be erected
not sooner than one (1) day prior to the date of the sale and shall
be removed at the end of the last day upon which the sale is held.
[R.O. 2009 §23-35; Ord. No. 1483 §XII, 6-27-1979]
The individual to whom such permit is issued and the owner or
tenant of the premises upon 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 boisterous conduct
on the 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 or Fire
Department of the City in order to maintain the public health, safety
and welfare.
[R.O. 2009 §23-36; Ord. No. 1483 §XIII, 6-27-1979]
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 Article.
[R.O. 2009 §23-37; Ord. No. 1483 §XIV, 6-27-1979]
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
or congestion created by any garage sale.
[R.O. 2009 §23-38; Ord. No. 1483 §XVII, 6-27-1979]
Every article sold and every day a sale is conducted in violation
of this Article shall constitute a separate offense punishable as
an ordinance violation.
[R.O. 2009 §23-50; Ord. No. 1483 §II, 6-27-1979]
No garage sale shall be conducted unless and until the individuals
desiring to conduct such sale shall obtain a permit therefor from
the City Clerk. Members of more than one (1) residence may join in
obtaining a permit for a garage sale to be conducted at the residence
of one (1) of them.
[R.O. 2009 §23-51; Ord. No. 1483 §III, 6-27-1979]
A.
Prior
to the issuance of any garage sale permit, the individuals conducting
such sale shall file a written statement with the City Clerk setting
forth the following information:
1.
Full name and address of applicant or applicants if multiple residence;
2.
The location of which the proposed garage sale is to be held;
3.
The date or dates upon which the sale shall be held;
4.
The date or dates of any other garage sales within the current calendar
year;
5.
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.
[R.O. 2009 §23-52; Ord. No. 1483 §IV, 6-27-1979; Ord. No. 3455 §I, 7-28-2004]
There shall be an administrative processing fee of one dollar
($1.00) for the issuance of such yard sale permit.
[R.O. 2009 §23-53; Ord. No. 1483 §VIII, 6-27-1979]
Before issuing a permit under this Division, the City Clerk
may conduct an investigation as may reasonably be necessary to determine
if there is compliance with this Article.
[R.O. 2009 §23-54; Ord. No. 1483 §V, 6-27-1979]
The permit under this Division shall set forth and restrict
the time and location of each garage sale. No more than two (2) such
permits may be issued to one (1) residence or family household during
any calendar year. If members of more than one (1) residence join
in requesting the permit, then such permit shall be considered as
having been issued for each and all residences.
[R.O. 2009 §23-55; Ord. No. 1483 §VI, 6-27-1979]
Such garage sales shall be limited in time to no more than the
daylight hours of three (3) consecutive days' duration.
[R.O. 2009 §23-56; Ord. No. 1483 §VII, 6-27-1979]
A.
A Sale Not Held Because Of Inclement Weather. If a garage
sale is not held on the day for which the permit is issued or is terminated
during the first (1st) day of the sale because of inclement weather
conditions and an affidavit by the permit holder to this effect is
submitted, the City Clerk 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.
B.
Third Sale Permitted. A third (3rd) garage sale shall be
permitted in a calendar year if satisfactory proof of a bona fide
change in ownership of the real property is first presented to the
City Clerk.
[R.O. 2009 §23-57; Ord. No. 1483 §X, 6-27-1979]
Any permit in possession of the holder or holders of a garage
sale shall be posted on the premises in a conspicuous place visible
to the public.
[R.O. 2009 §23-58; Ord. No. 1483 §XV, 6-27-1979]
A.
False Information. Any permit issued under this Division
may be revoked or any application for issuance of a permit may be
refused by the City Clerk if the application submitted by the applicant
or permit holder contains any false, fraudulent or misleading statement.
B.
Conviction Of Violation. If any individual is convicted
of an offense under this Article, the City Clerk is instructed to
cancel any existing garage sale permit held by the individual convicted
and not to issue such individual another garage sale permit for a
period of two (2) years from the time of conviction.
