[R.O. 2011 §625.010; Ord. No. 493 §1.1, 1-7-1980]
The City, in the exercise of its police power to regulate businesses or occupations, "may fix the opening and closing hours thereof where such regulations are reasonable and have a tendency to promote the public health, morals, safety, or good order."
[R.O. 2011 §625.020; Ord. No. 493 §1.2, 1-7-1980]
The City of Cabool finds and declares that:
The intrusion of non-regulated garage sales is causing annoyance to citizens in residential areas in the City of Cabool, and congestion of the streets in residential areas in the City of Cabool.
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 of this Chapter do not seek control of sales by individuals selling a few of their household or personal items.
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.
[R.O. 2011 §625.030; Ord. No. 493 §1.3, 1-7-1980]
For the purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number the plural number. The word "shall" is always mandatory and not merely directory.
- GARAGE SALE
- Shall mean and include all general sales, open to the public, conducted from or on a residential premise in any residential zone, as defined by the Zoning Code (see Chapter 400), for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "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 and all advertisement of such sale specifically names those items to be sold.
- PERSONAL PROPERTY
- Shall mean 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.
[R.O. 2011 §625.040; Ord. No. 493 §1.4(1), 1-7-1980]
It shall be unlawful for any individual to sell or offer for sale, under authority granted by this Chapter, property other than personal property.
[R.O. 2011 §625.050; Ord. No. 493 §1.4(2), 1-7-1980]
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 of them.
[R.O. 2011 §625.060; Ord. No. 493 §1.4(3), 1-7-1980]
Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the City Clerk, at least five (5) days in advance of the proposed 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 participated in by applicant.
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. 2011 §625.070; Ord. No. 493 §1.4(4), 1-7-1980]
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 family household during any calendar year. If members of more than one (1) residence join in requesting a permit then such permit shall be considered as having been issued for each and all of such residences.
[R.O. 2011 §625.080; Ord. No. 493 §1.4(5), 1-7-1980]
Such garage sales shall be limited in time to no more than the daylight hours of three (3) consecutive days or two (2) consecutive weekends (Saturday and Sunday).
[R.O. 2011 §625.090; Ord. No. 493 §1.4(6), 1-7-1980]
If Sale Not Held Because Of Inclement Weather. 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 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.
[R.O. 2011 §625.100; Ord. No. 493 §1.4(7), 1-7-1980]
Any permit in the possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public and the City Administrator.
[R.O. 2011 §625.110; Ord. No. 493 §1.4(8), 1-7-1980; Ord. No. 677 §I, 1-3-1995]
Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale.
Two 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 other than on the property where the garage sale is being conducted provided that written permission to erect said signs is received from the property owners upon whose property such signs are to be placed. Directional signs shall have the name and address of the permit holder and the date(s) of the garage sale plainly written on the back side thereof.
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 at the close of the garage sale activities.
Prohibited Signs. No signs shall be affixed to any City Stop Sign, Yield Sign, or other traffic sign, nor shall any sign be attached to a utility pole.
[R.O. 2011 §625.120; Ord. No. 493 §1.4(9), 1-7-1980]
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 or Fire Departments of the City of Cabool in order to maintain the public health, safety and welfare.
[R.O. 2011 §625.130; Ord. No. 493 §1.4(10), 1-7-1980]
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 Clerk 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 Chapter, 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.
[R.O. 2011 §625.140; Ord. No. 493 §1.4(11), 1-7-1980]
The provisions of this Chapter shall not apply to or affect the following:
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 of Cabool 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.
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 sold on a consignment basis.
[R.O. 2011 §625.150; Ord. No. 493 §1.4(12), 1-7-1980]
Every article sold and every day a sale is conducted in violation of this Chapter shall constitute a separate offense.
[R.O. 2011 §625.160; Ord. No. 493 §1.4(13), 1-7-1980]
Any person found guilty of violating the terms of this Chapter shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00) for each offense.