[4-18-1988]
A. 
Definitions. For the purposes of §§ 5-3-1 and 5-3-2, the following terms and phrases and their derivations shall have the meaning given in this section.
GARAGE SALE
All general sales, open to the public conducted from or on residential premises in any residential zone, as defined by the Zoning Ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled garage, lawn, yard, attic, porch, room, backyard, patio, flea market, or rummage sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
PERSONAL PROPERTY
Property which is owned, utilized and maintained by an individual or members of his residence and acquired in the normal course of living or maintaining a residence, and also includes merchandise which was purchased for resale or obtained on consignment.
B. 
Exemptions. Sections 5-3-1 and 5-3-2 shall not apply to or affect:
1. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
2. 
Personnel acting in accordance with their powers and duties as public officials.
3. 
Any sale conducted by any merchant or mercantile or other business establishment or at a place of business wherein such sale would be permitted by the zoning regulations or any other sale by a manufacturer, dealer or vendor which would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
4. 
Any bona fide charitable eleemosynary, educational, cultural or governmental institution or organization when the proceeds from the sale are used directly for the institution or organization's charitable purposes and the goods or articles are not sold on a consignment basis.
C. 
Property Permitted to be Sold. It shall be unlawful for any individual to sell or offer for sale, under authority granted by §§ 5-3-1 and 5-3-2 property other than personal property.
D. 
Hours. Garage sales shall be limited in time to no more than the daylight hours of three consecutive days.
E. 
Display of Sale Property. Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or in a rear yard, but only in such areas. No personal property offered for sale at a garage sale shall be displayed in the front or side yard areas of any such premises or in any public right of way. However, a vehicle offered for sale may be displayed on a permanently constructed driveway within such front or side yards.
F. 
Advertising Signs.
1. 
Signs Permitted. Only the following signs may be displayed in relation to a pending garage sale:
a. 
Two signs of not more than four square feet shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
b. 
Two signs of not more than two square feet each are permitted provided that the premises upon which the garage sale is conducted is not on a major thoroughfare, and written permission to erect the signs is received from the property owners upon whose property such signs are to be placed.
2. 
Time Limitations. No sign or other form of advertisement shall be exhibited for more than two days prior to the day such sale is to commence.
3. 
Removal. Signs must be removed each day at the close of the garage sale activities or by the end of daylight, whichever first occurs.
G. 
Public Nuisance. The individual to whom such permit is issued and the owner or tenant of the premises on which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such individual shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any member of the Police or Fire Department of the Village in order to maintain the public health, safety and welfare.
H. 
Inspection; Arrest. A police officer or any other official designated by any Village ordinance to make inspections under the licensing or regulating ordinances or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale, or arrest any individual who violates the provisions of §§ 5-3-1 and 5-3-2.
I. 
Parking. All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. The Police Department may enforce temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
[Amended 12-15-1997; 4-18-1988]
A. 
Permit Required. No garage sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the Village Clerk. Members of more than one residence may join in obtaining a permit for a garage sale to be conducted at the residence of them.
B. 
Written Statement. Prior to issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the Village Clerk, at least five days in advance of the proposed sale (mailed applications must be postmarked at least seven days in advance of the sale), setting forth the following information:
1. 
Full name and address of applicant.
2. 
The location at which the proposed garage sale is to be held.
3. 
The date upon which the sale shall be held.
4. 
The date of any other garage sales within the current calendar year.
5. 
An affirmative statement that the property to be sold was owned by the applicant as his own personal property and was neither acquired nor consigned for the purpose of resale.
C. 
Investigation. Before issuing a permit, the Village Clerk may conduct an investigation as may reasonably be necessary to determine if there is compliance with §§ 5-3-1 and 5-3-2.
D. 
Refusal; Revocation.
1. 
False Information. Any permit issued under this section may be revoked or any application for issuance of a permit may be refused by the Village Clerk if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
2. 
Conviction of violation. If any individual is convicted of any offense under §§ 5-3-1 and 5-3-2, the Village Clerk is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for two years from the time of conviction.
E. 
Fee. There shall be an administrative processing fee of $5 for the issuance of such permit.
F. 
Conditions. The permit shall set forth and restrict the time and location of such garage sale. No more than two such permits may be issued to one residence and/or family household during any calendar year. If members of more than one residence join in requesting a permit, such permit shall be considered as having been issued for each and all of such residences.
G. 
Display. Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place so as to be seen by the public and the Building Inspector or Village Police.
H. 
Exceptions.
1. 
Sale Not Held Because of Inclement Weather. If a garage sale is not held on the dates for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the Village Clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within 30 days from the date when the first sale was to be held. No additional permit fee is required.
2. 
Change in Ownership of Property. A third garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the Village Clerk or her duly authorized representative.
[4-18-1988]
Any person violating any provision of this chapter shall be fined not less than $25 nor more than $100 for each offense. A separate and distinct offense shall be considered as committed for each and every day any violation of the provisions of this chapter occurs.