[R.O. 2008 §15-81; Ord. No. 1897 §II, 10-27-1997]
As used herein, the term "sale" shall include garage sales, estate sales, lawn sales, auctions or any other such sale that involves the sale of multiple goods, wares or items of tangible personal property conducted on any real property being used for residential purposes.
[R.O. 2008 §15-82; Ord. No. 1897 §II, 10-27-1997; Ord. No. 1912 §1, 1-12-1998; Ord. No. 4029 §2, 6-26-2006]
Any person conducting a sale as defined in Section 605.310 shall be required to obtain a permit from the City at least two (2) days prior to the date of such sale. Application for such permit shall be made during normal business hours to the Community Development Department in such form as may be required by the City and shall be accompanied by a fee of ten dollars ($10.00) for such a permit. Issuance of an additional permit under Section 405.480 shall be required if a temporary structure is involved.
[R.O. 2008 §15-83; Ord. No. 1897 §II, 10-27-1997]
An application for a permit for any sale regulated under this Article shall contain the following information:
Property owner's name, applicant's name. If the applicant and owner are different, explain the relationship and responsibility of applicant in conducting the sale.
The applicant's home address, home phone number and workplace number.
The location at which the sale is to be conducted.
The date(s) for which the sale is to be conducted within the limits prescribed in Section 605.340(B).
Identification of any other sales conducted at the intended sale location within the last twelve (12) months.
Requirements, prohibitions and restrictions of such sale.
Signature of property owner or applicant.
Signature of the community development official approving the permit.
Verification of home occupation business at the address of the sale.
[R.O. 2008 §15-84; Ord. No. 1897 §II, 10-27-1997]
No person shall conduct any sale subject to the provision of this Article without a permit issued pursuant thereto.
Sales shall not be conducted on more than three (3) days within a seven (7) day period and shall be restricted to the period of 8:00 A.M. to 6:00 P.M. any day such sale is conducted.
No more than two (2) permits shall be issued to any one (1) person or location within a twelve (12) month period.
No property owner or permit applicant who has a business license, as defined in Section 605.040, shall sell or display for sale any goods, products, materials or commodities of their business at the location where the sale is to be conducted. Garages sales, etc., are intended for the sale of personal property only; however, a property owner or applicant with a home occupation business permitted under Section 405.450 of this Code may sell goods, products, materials or commodities of their business, subject to the limitations and restrictions outlined in said Section 405.450.
No person shall accept or take in for sale any goods, merchandise or salesman samples from any commercial business or enterprise on a consignment basis.
No person shall purchase for resale or bring upon his/her property, articles or items specifically for a sale; however, this provision shall not prohibit two (2) or more people from holding a joint sale at one (1) home.
There shall be no display or sale of any property in the front yard of the premises or on any street, sidewalk or right-of-way.
No signs shall be posted anywhere in the City advertising such sale, except:
One (1) sign not larger than two (2) feet by three (3) feet advertising such sale may be on the residential lot on which such sale is to be held; and
With the written permission of the appropriate property owners, two (2) additional signs of like size may be placed elsewhere in the City. Written permission from the appropriate property owners must accompany the application for permit of such sale.
Signs advertising such sale shall be erected no more than three (3) days prior to the date of the sale and shall be removed at the end of the last day upon which such sale is held.
Nothing in this Article shall be construed as authorizing any person to violate St. Louis County Ordinance, Chapter 815 regarding auctioneers.
Persons conducting any sale, or the applicant thereof, shall keep the streets, sidewalks and general vicinity of the sale location free from trash and litter.
Any use of radios, speakers, microphones, public address systems or other sound-amplifying equipment that creates a public disturbance noise, as defined in Section 210.237 of this Code of Ordinances, is prohibited.
Parking of motor vehicles is restricted to one (1) side of the street and where practical shall be restricted to the same side of the street the sale is on. Signs indicating "No Parking by Order of the Police Department" may be provided to the applicant, on request and only after issuance of the sale permit. Such signs are considered temporary and shall be removed at the close of each day such sale is conducted.
It shall be the duty of the property owner or permit applicant to ensure that the requirements, prohibitions and restrictions of this Article are followed and adhered to.
[R.O. 2008 §15-85; Ord. No. 1897 §II, 10-27-1997; Ord. No. 5353 §1, 2-24-2014]
The provisions of this Article shall not apply to or affect the following persons or sales:
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 person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed ten (10) in number.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of the City's ordinances have not been complied with.
Any sale regulated under any other provision of the ordinances of the City. Additionally, permits obtained in connection with participation in any "City-wide" garage sale event organized and promoted by the City shall not count against the limit of two (2) permits per twelve (12) months, and the City may post additional signage regarding such an event.
Any sale conducted by any licensed merchant or mercantile or other business establishment from or at a place of business wherein such sale is permitted by the zoning regulations of the City or under the protection of the present non-conforming Section thereof or any other sale conducted by a manufacturer or dealer; provided, such sale is conducted from properly zoned premises and is not otherwise prohibited.
Any bona fide charitable, eleemosynary, educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this Subsection shall be on the organization or institution claiming such exemption.
[R.O. 2008 §15-86; Ord. No. 1897 §II, 10-27-1997]
It shall be the responsibility of the Building Official or his/her delegate to carefully examine all statements filed with him/her.
It shall also be the responsibility of the Building Official, with assistance from the City Police Department, to enforce the provisions of this Article.
The Building Official, Chief of Police or their respective delegates are authorized to revoke the garage sale permit and cause the immediate cessation of any such sale for reasons of: any false statement in the application; or conduct of the sale contrary to the ordinance; or conduct of the sale in a manner that creates a nuisance, breach of peace, interference with pedestrian or vehicle traffic or the rights of neighboring property owners.
[R.O. 2008 §15-87; Ord. No. 1897 §II, 10-27-1997]
If any Section or portion of this Article is, for any reason, held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of any remaining Sections or portion of the Article.