[Ord. 687, 2-2-1987]
As used in this chapter, residential sale shall mean any sale held out to be, or commonly known as a garage, porch, room, backyard, front yard or patio sale, or any other type of general sale conducted from or on any premises located in a residential zoning district. This definition shall not include a situation where specific items are held out for sale, and all advertisements of such sale specifically name the items to be sold.
[Ord. 687, 2-2-1987; amended by Ord. 688, 4-6-1987; 5-1-2023 by Ord. No. 1354-2023]
A. 
No person shall hold, conduct, engage in or participate in any manner in a residential sale at any place within the limits of the City without first having obtained a license therefor. The issuance of a license under the provisions of this chapter shall not exempt such person from the terms and provisions of any other ordinance of the City, and for the issuance of the license the City Clerk shall collect a fee as set by the Council; provided that for any residential sale to be conducted on the first Friday or first Saturday in June of each year, the license shall be issued without fee.
B. 
A separate license shall be required for each location at which a residential sale is to be held, and no location shall be eligible for more than one license in any six-month period, and if more than one family group is participating in the sale, each family or group participating therein shall obtain such a license.
[Ord. 687, 2-2-1987]
A. 
An applicant for a license under this chapter shall furnish the Clerk with the following information:
1. 
Full name and address of the applicant;
2. 
The location at which the proposed residential sale is to be held;
3. 
The date or dates upon which the sale shall be held; and
4. 
An affidavit from the applicant to the effect that all goods to be sold at the subject residential sale are owned by the applicant and have not been obtained for the purpose of reselling the articles at the sale.
[Ord. 687, 2-2-1987]
A. 
The Clerk is authorized to grant a license for a residential sale for a period not to exceed three consecutive days to any person applying therefor and who otherwise complies with the requirements of this chapter and the other ordinances of the City. When a residential sale is not held on the dates for which the license is issued or is terminated during the first day of such sale because of inclement weather conditions, and an affidavit by the license holder to this effect is submitted, the Clerk may issue another license to the applicant for a residential sale to be conducted at the same location within 30 days from the date when the first sale was to be held.
B. 
Before issuing a residential sale license, the Clerk may conduct such investigation as may reasonably be necessary to determine if there is compliance with the ordinances of the City.
[Ord. 687, 2-2-1987]
Any license issued under this chapter may be revoked, or any application for issuance of such license may be refused by the Clerk in the event the ordinances of this City are not complied with or if the application submitted by the applicant or license holder contains any false, fraudulent or misleading statement.
[Ord. 687, 2-2-1987]
No person shall hold, conduct, engage in or participate in any manner in a residential sale or allow a residential sale to be held or conducted on premises under his control or ownership more than one time in any six month period, except as provided in Section 9-404 of this chapter.
[Ord. 687, 2-2-1987]
Not more than one sign or other device used for the purpose of advertising or otherwise calling attention to a residential sale shall be allowed for each residential sale license. The sign or device shall be located on the immediate premises where the sale is to be conducted, but in no event shall the sign or device be more than 200 square feet from the sale area. The display surfaces of such sign or device shall not exceed 12 square feet on each side and shall be removed upon completion of the sale.
[Ord. 687, 2-2-1987]
The sale area at any residential sale shall be confined to the premises for which the license has been issued. In no event shall articles or goods be so displayed as to attract attention or be conspicuously in view from any public street.
[Ord. 687, 2-2-1987]
A. 
This chapter shall not apply to or affect the following persons:
1. 
Persons acting pursuant to an order or process of a court of competent jurisdiction;
2. 
Persons acting in accordance with their powers and duties as public officials;
3. 
Duly licensed auctioneers selling at auctions; or
4. 
Charitable organizations or persons, when the proceeds from the sale are used directly for charitable purposes and the goods or articles are not said on a consignment basis.
[Ord. 687, 2-2-1987]
Any person, firm or corporation violating the provisions of this chapter shall be guilty of a public offense and shall be fined as provided in Section 1-108 of this Code, and each day of violation of this chapter shall constitute a separate offense.