[HISTORY: Adopted by the Village Council of the Village of Vicksburg 5-16-1990 by Ord. No. 182 (Ch. 46, Art. II, of the 1995 Village Code). Amendments noted where applicable.]
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 SALES
Includes all sales entitled "garage sale," "basement sale," "porch sale," "attic sale," "rummage sale," "flea market sale," or any other similar type of casual sale of tangible property which is advertised by any means whereby the public at large is or can be made aware of such sale.
GOODS
Includes any goods, wares, merchandise or other property capable of being the object of a sale regulated under this article.
OFFICIAL SIGN
A notice of the sale that is to be posted in a prominent location on curb lawn or front lawn adjacent to street or front sidewalks, issued by the Village, upon filing for a permit for a garage sale.
PERSON
Includes individuals, partnerships, voluntary associations, and corporations.
It is the purpose of this article to protect the public health, safety and general welfare of persons and property within the Village through the regulation and control of garage sales and to minimize the disruption of neighborhood activities and the psychological ill effects of the presence of perpetual garage sales upon adjoining residences and property owners.
The provisions of this article shall not apply to or affect the following persons or sales:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
B. 
Persons acting in accordance with their powers and duties as public officials.
C. 
Any persons selling or advertising for sale items of personal property which are specifically named or described in the advertisement, which separate items at the sale site do not exceed a total of 10 items on the property, and such items are being displayed for sale in conformity with all other Village ordinances.
D. 
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith any advertisement of a garage sale without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this article have not been complied with.
E. 
Any sale conducted by any merchant or mercantile or other business establishment from or at a place of business wherein such a sale would be permitted by the zoning regulations of the Village or under the protection of the presently nonconforming section thereof or any other sale conducted by a manufacturer, dealer or vendor properly licensed by the state, in which such sale is conducted from properly zoned premises and not otherwise prohibited by Village zoning ordinance or state and federal tax laws.
F. 
Any bona fide tax-exempt educational, cultural or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be placed upon the organization or institution claiming such exemption.
[Added 11-16-1995 by Ord. No. 216]
A person who violates any provision of this article is responsible for a municipal civil infraction, subject to payment of a civil fine as set forth in § 55-8. Repeat offenses under this article shall be subject to increased fines as set forth in § 55-8.
It shall be unlawful for any person to conduct a garage sale in the Village without first filing with the Village Police Department the information specified in § 248-6. No sale will be permitted without issuance of a permit and an official sign to be located on the premises. The fee for issuance of permit and official sign will be established by resolution of the Village Council.
Information to be filed to secure a permit shall include:
A. 
Name of person, firm, group, corporation, association or organization conducting sale.
B. 
Phone number where applicant can be reached during sale period.
C. 
Name of owner of property on which the sale is to be conducted and the consent of the owner if the applicant is other than the owner.
D. 
Location at which sale is to be conducted.
E. 
Dates of and number of days on which the sale is to be conducted.
F. 
Date, location and nature of any past sale during the calendar year of application for the current permit.
G. 
Relationship or agreement the applicant may have with any other person, firm, group or organization, association or corporation conducting the sale at the same location and the dates of such sale.
H. 
Whether the applicant has been issued any other vendor's license or permit by any local, state or federal agency for the proposed sale.
I. 
Statement that the applicant will prominently post an official sign to be issued by the Village on the sale's location curb lawn or adjacent to the sidewalk during sale, and that all signage for the sale will be removed immediately following the sale.
J. 
Sworn statement or affirmation by the person signing the permit application that the information provided in the application is accurate and truthful and known to be such by the applicant.