[HISTORY: Adopted by the City of Sanford 5-15-2018 by Order No. 18-116-01. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 149.
Pawnbrokers and secondhand dealers — See Ch. 193.
The purpose of this chapter is to protect the health, safety, and welfare of the public by regulating yard sales and flea markets so as to prevent the disturbance or disruption of the residential and retail environment present throughout the City.
A. 
A yard sale is a method by which a resident or homeowner may sell or dispose of unwanted items of tangible personal property and correspondingly provide an opportunity for other persons to purchase bargains.
B. 
Unregulated allowances of yard sales in the City present an opportunity for abuse in that some persons may be conducting business activities under the guise of having a yard sale.
C. 
Nonregulated and recurring yard sales and flea markets cause annoyances to citizens in the City and congest the City's streets.
D. 
Nonregulated yard sales and flea markets can impact businesses with fixed places of business.
This chapter does not prohibit isolated or casual sales of personal items by individuals of households to other individuals of households.
In general, all words, phrases, and terms used in this chapter shall have their customary and usual meanings; as used in this chapter, the following words, phrases, and terms shall have the meanings indicated.
DONATED PERSONAL PROPERTY
The personal property of persons other than those residing on the residential premises where such sale is to take place, such personal property being donated to or such sale being conducted by a tax-exempt religious or charitable organization and the entire proceeds from such sale being donated to or retained by the sponsoring tax-exempt religious or charitable organization.
FLEA MARKET
An event, transaction, occurrence, or regular business at which an owner, sponsor, or lessee at a premises makes space available to a person or persons who sells new, consignment, and/or used tangible personal property at retail or wholesale to the public on a daily, weekend, occasional, temporary, or permanent basis. A person, firm, or corporation selling tangible used or secondhand personal or collector's items to the general public in a temporary manner, without a fixed place of business is a flea market and not a yard sale.
FLEA MARKET VENDOR
Any person who sells tangible personal property at a flea market.
RESIDENTIAL PREMISES
A building having at least one dwelling unit, and the lot of land associated therewith and any accessory structures.
YARD SALE
The sale of tangible personal property from any given lot, whether conducted indoors or outdoors. A yard sale is also known as a "garage sale," "barn sale," "lawn sale," "rummage sale," or "moving sale" or other such names for similar sales or activities.
No person shall sell, offer for sale, or offer for free from any residential premises or tax-exempt religious or charitable organization premises, as defined herein, except as permitted by this chapter. Only the sale of donated personal property, as defined herein, and the sale of tangible personal property owned, used and maintained for personal use only by the seller and not for resale to the public shall be permitted to be sold from residential premises or tax-exempt religious or charitable organization premises, and only after issuance to the seller of a permit for such purposes. Permits under this chapter shall not be issued unless the City Clerk receives affirmation from the Inspection Team, that the applicant's proposed operation meets all applicable requirements. Any person carrying out such activity without a permit is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this chapter and is adequate grounds for the denial, revocation, or suspension of a permit.
No yard sale permit shall be issued for sales of personal property upon residential premises or tax-exempt religious or charitable organization premises for a period of more than four calendar days in one calendar year, and no more than four permits shall be issued for such sales upon a residential premises in any one calendar year.
The provisions of this chapter shall not apply to sales of tangible personal property made under court order or process.
Applications under this chapter shall be processed according to the procedures established in this chapter and Chapter 149, Licensing. A permit may be issued after the annual or daily fee required has been paid through the City Clerk's office. The fee shall be established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for a yard sale permit, flea market, and flea market vendor.
No person, firm or corporation may engage in the business of conducting a flea market, or engage in the business of flea market vending without first obtaining licenses for such purpose from the City. Licenses under this chapter shall not be issued unless the City Clerk receives affirmation from the Inspection Team that the applicant's proposed operation meets all applicable requirements. Any person carrying out such activity without a license is in violation of these provisions. Failure to comply with any of these requirements shall be deemed a violation of this chapter and is adequate grounds for the denial, revocation, or suspension of a license.
A. 
Any flea market must report the names and addresses of all flea market vendors in such flea market and the number of times the vendor has participated in the flea market since the previous March 1 to the City Clerk within three days after any such flea market.
B. 
Purchasing of goods by a flea market vendor from any person, except another flea market vendor at a flea market prior to the opening of the flea market to the general public, is prohibited.
C. 
Food will not be sold at a flea market, unless all applicable licenses have been obtained.
D. 
Persons under the age of 18 will not be allowed to obtain a flea market vendor license unless permission has been given by that person's parent or legal guardian at the time of application.