[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
All rummage, garage, carport, yard, estate or similar sales
shall be subject to the requirements and restrictions of this division.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
A rummage, garage or other sale pursuant to this section shall
permitted upon application and issuance of a permit obtained from
the Village Clerk. Throughout the sale, the permit shall be displayed
prominently in a window of the main residence so it is clearly visible
from the street. If there is no window on the main residence clearly
visible from the street, the permit must be conspicuously displayed
in the area of the sale.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
(a)
The following sales are exempt from the required permit:
(1)
Persons selling goods pursuant to an order of 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 item did not exceed 10 in number.
(4)
Any sale regulated under any other Village ordinance.
(5)
Any sale conducted by a merchant or mercantile or other business
establishment from or at a place of business where a sale would be
permitted by the zoning regulations of the Village, or under the protection
of a presently nonconforming 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 the ordinances
of the Village.
(6)
Any bona fide charitable, educational, cultural, religious or
governmental institution or organization; provided, however, that
the burden of establishing such exemption under this subsection shall
be on the organization or institution claiming such exemption.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
No more than three permits shall be issued to the same person
or for the same location in a calendar year (being the period of January
1 to December 31) except nonprofit organizations which can provide
off-street parking may receive two additional permits during a calendar
year.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
There may be only one advertising sign which shall not exceed
six square feet in area on each face; a sign may have two faces. The
sign may be located on the property where the sale is conducted, however,
off-site signs will be permitted but must be picked up by end of day
on last day of the sale. Each sign must be legibly marked with the
name and address of the person responsible for the sale and who is
responsible for the placement of the sign.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
All sales shall be confined to the private property described
in the permit; no items may be placed in tree lawns, public sidewalks,
or other public property. Sale items, tables and other items associated
with the sale may not be left outside overnight but must be stored
indoors from 9:00 p.m. until 7:00 a.m.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
No sale shall be held for more than three consecutive days.
No sale shall begin before 8:00 a.m. or extend after 7:00 p.m. each
day, and no person shall advertise or cause to be advertised hours
of operation that do not comply with this section.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
(a)
A first violation of any provision of this division is municipal
violation which shall, upon a determination of responsibility, be
punished by a fine of not less than $50.
(b)
A second violation of any provision of this division within a two-calendar
year period is a municipal violation which shall, upon a determination
of responsibility, be punishable by a fine of not less than $150.
(c)
A third violation of any provision of this chapter within a two-year
period is municipal infraction which shall, upon a determination of
responsibility, be punishable by a fine of not less than $300.
(d)
The fourth and any subsequent violation of any provision of this
chapter within a two-calendar year shall be considered a nuisance
and punishable pursuant to the Village nuisance ordinance.
(e)
In all instances, the Village's costs of enforcement, abatement and
prosecution may be added to any fine imposed by the court.
(f)
In addition to the penalties provided by this section, the court
shall have equitable jurisdiction to enforce any judgment, writ, or
order necessary to enforce any provision of this division, the violation
of which is a municipal infraction, including, but not limited to,
abatement of the violating condition or granting any injunctive relief.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
This division shall be enforced by such persons who shall be
so designated by the Village Council, who shall for purposes of this
division be the Village Code Enforcement Officer.
Any advertising sign placed in violation of this article is
hereby declared a public nuisance and may be immediately removed by
the code enforcement office.
The code Ordinance Enforcement Officer and his or her authorized
representatives are hereby empowered to enter upon any premises or
land in the Village for the purpose of inspecting and removing violations
of this division upon a written fifteen-day notice served by U.S.
mail to the property owner of record and posting at a conspicuous
easily visible location at the site of sale. No person shall molest
or interfere with such person or person while they are engaged in
carrying out the provisions of this division.
[Ord. No. 184, 8-3-2015; Ord. No. 186, 8-3-2015; amended 9-6-2016]
An applicant shall apply for a permit with the Village Clerk
and, upon payment of the permit fee established by the Village Council
as published in the Village schedule of fees, will receive a copy
of this division, and shall sign an acknowledgement before issuance
by the Village Clerk that they have received the division, that they
understand the division and understand that they are subject to abatement
and penalties if they violate the division.
