[Ord. 5-7-1984]
The offering for purchase to the general public of items
of personal property owned by the seller upon real estate of which
the seller is the owner or lessee and which sale does not constitute
the seller's business or occupation. 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.
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course
of living or in maintaining a residence. It does not include merchandise
which was purchased for resale or obtained on consignment.
[Ord. 5-7-1984]
No person shall engage in or conduct a garage, attic, basement
or house sale from any residence, structure or lot in the Village
without first having obtained a specific permit for such from the
Village Clerk or Deputy Clerk of the Village.
[Ord. 5-7-1984; amended by Ord. 9-15-1986, §§ 1, 2; Ord. 90-20, 10-1-1990, § 1; Ord. 97-38, 11-3-1997, § 1; 4-6-2020 by Ord. No. 2020-14]
(a)Â
The special permit may only be issued to the owner or lessee of the
premises where such sale is to be held. In the case of a lessee, written
permission of the building owner must be presented by the applicant
at the time of license application. The special permit shall be nontransferable.
(b)Â
No permit shall be issued, and no such person or premises shall be
eligible for such a permit to conduct a sale of personal property
items, except on those dates specified by the President and Board
of Trustees.
(1)Â
The President and Board of Trustees shall annually designate
four weekends, each weekend consisting of three consecutive days,
when such sales shall be permitted. No sales shall be permitted except
on those dates specified. No permittee shall conduct more than two
such sales during a twelve-month period.
(c)Â
The special permit shall show in bold type in conspicuous caption
the common address of the sales premises and the date or dates of
the sale.
(d)Â
A permit shall be valid only for the particular sale and premises
designated thereon.
(e)Â
There shall be no fee charged for this special permit. However, a deposit in the amount of $50 shall be collected from the applicant at the time of application. Such deposit shall be returned to the applicant within 45 days after the last date of the sale as shown on the permit issued pursuant to this section, provided that no violations of § 22A-4(d) of this chapter have occurred in relation to the permit or the premises specified in said permit. In the event a violation of § 22A-4(d) of this chapter has occurred in relation to the permit or the premises specified in said permit, the $50 deposit shall be forfeited to the Village as reimbursement to the Village for the cost of removing such illegally posted sale signs, handbills or other advertising material. It shall be presumed, for the purposes of this section, that any sales sign, handbill or other advertising material located or posted upon any public parkway, building, or public property in the Village and bearing the address of the premises for which such permit was issued was located or posted with the knowledge and/or consent of the applicant. Such deposit shall be required in connection with any permits issued pursuant to Subsection (f) of this section.
(f)Â
Notwithstanding the provisions of Subsection (b) of this section, a permit may be issued to any person who is selling, or has sold, his premises, as evidenced by a duly executed sales contract, and such sale shall take place within 90 days of the date of execution of said sales contract; or to any person for the purposes of conducting an estate sale, and such estate sale shall take place within 12 months of the date of death of the decedent. A special permit shall be issued for either of these types of sales, which permit shall show in bold type and in conspicuous caption the nature of the sale, the common address of the sales premises and the dates of the sale. Only one permit may be issued pursuant to this subsection for each premises until there occurs a change of ownership of such premises.
(g)Â
The Village Manager is hereby authorized to designate additional dates for garage or house sales in the event any dates designated by the President and Board of Trustees pursuant to Subsection (b) of this section are rendered impracticable, in the Manager's opinion, due to weather conditions or other circumstances, and such dates shall be deemed valid as if so designated by the President and Board of Trustees.
[Ord. 5-7-1984; amended 4-6-2020 by Ord. No. 2020-14]
The sale authorized by such special permit shall be subject
to the following conditions:
(a)Â
The sale shall be limited to a consecutive permit of not more than
three days and shall be conducted only during the hours of 8:00 a.m.
to 6:00 p.m.
(b)Â
No such similar sale shall be conducted by the same applicant on the same premises, except as provided in § 22A-3(b) of this chapter.
(c)Â
The special permit authorizing the sale shall be posted in the front
yard area so as to be seen by the public.
(d)Â
Notwithstanding the provisions of the Village's Sign Ordinance
and the signing provisions of the Elmwood Park Zoning Code, signs
advertising the sale, not exceeding three feet by five feet, may be
located in the front yard of the premises. With the exception of one
sign that may be located upon the public parkway at the end of the
block, no sales signs, handbills or other advertising material shall
be located or posted upon any public parkway, building or public property
in the Village. All signs advertising the sale must be removed within
24 hours after expiration of the time limit for such sale.
(e)Â
The sale will be conducted without the use of outdoor loudspeakers,
amplification equipment or illuminated advertising devices.
(f)Â
No sale items shall be located and no sales activities shall be conducted
in the front yard area on the premises or on any public sidewalk,
parkway area or other public property.
(g)Â
The sale will be conducted in accordance with all other laws or ordinances
in effect in the Village.
[Ord. 5-7-1984]
The Police Department may enforce temporary traffic and parking
controls to alleviate any hazards or congestion created by any garage
or house sale.
[Ord. 5-7-1984]
Any person violating any of the provisions of this chapter shall
be subject to a fine of not less than $50 and not more than $500.
Each day that a garage or house sale is conducted in violation of
this chapter shall constitute a separate offense.
[Ord. 5-7-1984; amended 4-6-2020 by Ord. No. 2020-14]
(a)Â
The Village Clerk shall be responsible for the issuance of special
permits required by this chapter and shall keep a log of all such
permits that have been issued that is accessible to all Village officials
and available for public view during normal business hours. The Village
Clerk may make the log of permits issued pursuant to this chapter
available to the public by posting such log on the Village's
website. The Village Clerk shall submit a summary report of all permits
issued currently and on an accumulative basis delineated by Village
census tracts at least once per month to the Village Board.
(b)Â
The Village Clerk may issue a copy of this chapter to each applicant
for a special permit. The Chief of Police shall be responsible for
the enforcement of the other provisions of this chapter and shall
report monthly on such enforcement activities to the Village Board.
[Ord. 5-7-1984]
This chapter shall take effect upon its passage and publication.
