This chapter shall be known and may be cited as the Garage Sales
and Yard Sales Law of the Village of Warsaw."
The legislative intent and purpose of this chapter is to establish
conditions pursuant to which residents may conduct occasional garage
sales and/or yard sales at their premises within the Village of Warsaw.
It has come to the attention of the Village Board that a number of
residents are having frequent and/or repeated garage and yard sales
at their homes, in effect turning their residential premises into
a site where retail business is conducted in a residential area. The
Village Board has determined that, in order to promote the public
health, safety, and general welfare of the residents in the Village
of Warsaw, it has become necessary to restrict such garage sales and
yard sales in residential zoning districts. Such sales, if continued
without limitation, tend to have the affect of establishing retail
businesses in residential areas, creating public nuisance, and altering
and compromising the residential character of the neighborhoods and
otherwise violating the spirit and intent of the Village Code.
As used in this chapter, the following terms shall have the
meanings indicated:
GARAGE SALE/YARD SALE
The general sale of personal property conducted from or on
residential premises at any one time for the sale of tangible personal
property. These sales shall include, but not be limited to, all sales
entitled "garage," "lawn," "estate," "barn," "porch," "inside," "attic,"
"basement," "tag," "tent," "rummage," "flea market," "moving," or
any similar casual sale.
PERSONAL PROPERTY
Any such item, goods, clothing, furniture, appliance or other
tangible property which is owned, utilized and maintained by the owner
or tenant on a residential property and was acquired in the normal
course of living in or maintaining a residence. It explicitly does
not include any goods or merchandise which were obtained or purchased
for resale or consignment.
RESIDENTIAL PREMISES
Any real property, parcel, lot or building thereon which
is used for residential occupancy, regardless of the zoning designation.
Signs advertising a garage sale are to be restricted to the
premises where the sale occurs. Such signs shall not exceed 10 square
feet in area and shall not be located where they may interfere with
the view of motorists and shall not be posted earlier than one week
before the sale commences and must be removed immediately after the
sale ceases.
Garage sales/yard sales shall be conducted so as not to impede
nor disrupt traffic or parking within the neighborhood.
The owner, tenant, occupant, lessee or person otherwise in charge,
control and or possession of residential premises where the garage
sale/yard sale is held shall be responsible for compliance with the
regulations set forth in this chapter.
A violation of this chapter is hereby declared to be an offense,
punishable by:
A. A fine not exceeding $150 for conviction of a first offense;
B. For conviction of a second offense, both of which were committed
within a period of five years, punishable by a fine not less than
$350; and
C. Upon conviction for a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine not
less than $750.
D. Each week's continued violation shall constitute a separate
additional violation.