[1]
Editor's Note: Ordinance No. 10-05, adopted 8-2-2010, amended Art. V in its entirety and enacted similar provisions as set out herein. The former Art. V pertained to similar subject matter. See also the Code Comparative Table.
[Amended 8-2-2010 by Ord. No. 10-05; 10-5-2015 by Ord. No. 2015-05]
The City Council finds that repeated sales of various types of personal property made from properties occupied for residential, charitable, religious and governmental purposes, wherein newspaper advertisements, signs or other means of notification invite the general public to shop at such residential premises, where the property is displayed for sale in the garage, an outbuilding, in the yard area, in the dwelling, principal building, or all or a combination of such locations, have become a nuisance to the community. The Council finds that locations where successive sales occur create vehicular traffic problems and detract from the tranquility and privacy of neighborhoods. The Council further finds that this article offers the minimum regulation necessary to protect the health, safety and welfare of this community in such regard.
[Amended 8-2-2010 by Ord. No. 10-05]
(a) 
For the purpose of this article, the term "occasional sale" shall mean and include "estate sale", "auction sale", "garage sale", "basement sale", "rummage sale" and any similar terms such as "attic sale", "lawn sale", "flea market sale", or any similar "casual sale", etc., shall mean sale of tangible personal property, whether used, secondhand, damaged or discarded, not otherwise regulated in this Code, advertised by any means whereby the public at large is or can be aware of such sale.
(b) 
For the purpose of this article, the term "person" shall mean and include individuals, groups, organizations, partnerships, voluntary associations and corporations.
[Amended 8-2-2010 by Ord. No. 10-05; 10-5-2015 by Ord. No. 2015-05]
(a) 
Two occasional sales held within a calendar year by persons occupying property for residential purposes and selling household or personal items belonging to them or to any sale regulated under any other provisions of ordinances of the City. Home occupations regulated under Chapter 86 of this Code are specifically distinguished from this exemption through: The prohibition of yard or window displays for home occupations; the size restrictions of the occasional sale; the limitation of occasional sale items to used, secondhand, damaged or discarded materials; and the restrictions against persons seeking on-site services or products from home occupations.
(b) 
At a sale specifically authorized by statute or judicial order and conducted strictly in conformity with such statute or order or conducted under judicial supervision, such as an estate sale.
(c) 
Four occasional sales per calendar year for persons authorized by the City Code book to occupy property for charitable or religious entities, or any governmental entity not owned by the City of Corunna, with the understanding that the definition of "occasional sale" under this Subsection (c) is expanded to include craft, bazaar, and flea market sales.
(d) 
Sales located upon properties owned or under the control of the City of Corunna are regulated by the City Manager and or by the City Council.
(e) 
Due to unique circumstances or a hardship, the amount of sales conducted within a calendar year may be extended by the City Manager and or the City Council as long as the intent and purpose under § 34-120 of this chapter is being adhered to.
[Amended 8-2-2010 by Ord. No. 10-05; 10-5-2015 by Ord. No. 2015-05]
An occasional sale shall be authorized only in the following manner and under the conditions stated:
(1) 
Two occasional sales may be conducted from any lot occupied for residential purposes within a calendar year with no sale to last more than five consecutive days in duration. No such sale shall begin prior to 8:00 a.m. or extend beyond dusk.
(2) 
Vehicle sales are restricted to privately owned and are allowed no more than two times a year, 30 consecutive days each occurrence, with a maximum of two vehicles each time.
(3) 
Persons selling household or personal items visible to the public other than those items that fall under Subsection (1) and Subsection (2) of this section may do so not more than three times a year, 15 consecutive days each occurrence with a maximum of two items on display at any given time.
(4) 
During the day and hours of the sale only, a person may place not more than six signs, not in excess of six square feet each, upon private property only advertising the location, dates and time of the garage sale. No signs may be placed on another person's private property without first obtaining permission or in the City right-of-way.
(5) 
The existence of signs in violation of the provisions of Subsection (4) above shall be prima facie evidence of a violation of this article by the occupants of the premises whose location is indicated by said signs.
[Amended 8-2-2010 by Ord. No. 10-05]
Any police officer of the City and/or the building inspector shall enforce this article by confiscating any signs erected in violation of Chapter 58 ordering the cessation of any sale being conducted in violation of this article or directing any other necessary corrective action. Any police officer or the building inspector is authorized to issue an appearance.