[Code 2005 § 90-81; Ord. No. 05-18-09-06, § 1, 5-18-2009]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
GARAGE SALE
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "flea market sale," or any similar casual sale
of tangible personal property which is advertised by any means whereby
the public at large is or can be made aware of said sale.
GOODS
Includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated hereunder.
PERSON
Includes individuals, partnerships, voluntary associations,
and corporations.
[Code 2005 § 90-82; Ord. No. 05-18-09-06, § 2, 5-18-2009]
It shall be unlawful for any person to conduct a garage sale
in the City without first filing with the code enforcement official
the information hereinafter specified and obtaining from such code
enforcement official a permit to do so, to be known as a "garage sale
permit." There shall be no fee for such permit.
[Code 2005 § 90-83; Ord. No. 05-18-09-06, § 3, 5-18-2009]
A. Such permit shall be issued to any one person or for one location
only four within a twelve-month period (January — December)
and no such permit shall be issued for more than three consecutive
calendar days. In addition, permits may be issued for sales on citywide
garage sale dates.
B. Each permit issued under this article must be prominently displayed
on the premises upon which the garage sale is conducted throughout
the entire period of the permitted sale.
C. Permits shall be valid only for the dates specified on the permit.
D. Garage sale hours are limited to from 6:00 a.m. to 8:00 p.m.
E. Items offered for sale or used for display during the sale shall
be removed from full sight of the public by 8:00 p.m. on the final
date of the garage sale.
F. No sign shall be exhibited more than one day prior to the sale and
must be removed at the end of the last day of the sale. Signs shall
be limited in number to two signs on the property on which the sale
is to be conducted. Signs shall not exceed four square feet. No signs
shall be erected off site from the sale. Garage sale permit addresses
will be televised on the local government access channel of cable
television; provided, that the City permit must be obtained not less
than three days prior to the sale date. Advertising for a sale may
be placed without charge on the community bulletin board located in
the 100 block of West Main Street.
[Code 2005 § 90-84; Ord. No. 05-18-09-06, § 4, 5-18-2009]
The information to be filed with the code enforcement official,
pursuant to this article, shall be as follows:
(1) Name of person, firm, group, corporation, association, or organization
conducting said sale.
(2) Name of owner of the property on which said sale is to be conducted,
and consent of owner if applicant is other than the owner.
(3) Location at which sale is to be conducted.
(5) Date, nature of any past sale.
(6) Relationship or connection applicant may have had with any other
person, firm, group, organization, association, or corporation conducting
said sale and the date or dates of such sale.
(7) Whether or not applicant has been issued any other vendor's
permit by any local, state or federal agency.
(8) Sworn statement or affirmation by the person signing that the information
therein given is true and correct.
[Code 2005 § 90-85; Ord. No. 05-18-09-06, § 5, 5-18-2009; amended at
adoption]
The provisions of this article shall not apply to or affect
the following persons or sales:
(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 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 five in number. Provided: (1)
only one advertising sign not to exceed four square feet is displayed
on the property; and, (2) such sale items are to be stored out of
public view.
(4) A church or other non-profit organization conducting sales on its
property.
(5) Persons and locations participating in publicly announced citywide garage sales; except that the provisions set forth in subsection §
6-62 F shall remain in effect as to placement of sale signs.
[Code 2005 § 90-86; Ord. No. 05-18-09-06, § 6, 5-18-2009]
Any person, association or corporation conducting any such sale
without being properly permitted therefore, or who shall violate any
of the other terms and regulations of this article, shall, upon conviction,
be fined not less than $50 nor more than $200 for each violation.