Garage sale.
Includes all sales entitled “garage sale,” “lawn sale,” “attic sale,” “rummage sales,” “flea market sale,” “yard sale,” or any similar sale of tangible personal property, whether new or used, from any occupied residence or household used as a single-family residence.
Goods.
Any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
Person.
Includes individuals, partnerships, voluntary associations, and corporations, which reside in, own, or rent an occupied residence.
Residence or household.
Any house, apartment, mobile home, townhouse, or other physical structure occupied and used as a place of dwelling by an individual, family or group of individuals.
(Ordinance 2037-B adopted 4/5/16)
It shall be unlawful for any person to conduct a garage sale in the city without first filing with the code enforcement department the information hereinafter specified and obtaining from such a permit to do so, to be known as a “garage sale permit.” The fee for such a permit shall be as listed in the fee schedule in appendix A to this code, under garage sale permits and shall only be issued for a specific residence or household.
(Ordinance 2037-B adopted 4/5/16)
The garage sale permit shall only be issued to and valid for one address per permit. The owner, renter or occupant shall be limited to four (4) permits within a twelve-month period and such permit shall allow the permittee to conduct a garage sale for a period not to exceed three consecutive calendar days, from 7:00 a.m. to 9:00 p.m.
(Ordinance 2037-B adopted 4/5/16)
The information to be provided to the code enforcement department at the time of the application for the garage sale permit pursuant to this article, shall be as follows:
(1) 
Full name, address and phone number of person, firm, group, corporation, association, or organization conducting said sale.
(2) 
Name of the legal owner of the property on which said sale is to be conducted, and written consent from the owner if applicant is other than the owner.
(3) 
Address of residence or household where the sale is to be conducted.
(4) 
Dates and number of days of sale, not to exceed three consecutive days.
(5) 
Whether or not applicant has been issued any other vendor’s license by any local, state or federal agency.
(6) 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him to be so.
(Ordinance 2037-B adopted 4/5/16)
The garage sale permit issued under this article shall be prominently displayed in a conspicuous place on the premises of the residence and shall remain so displayed so long as any goods or merchandise are displayed and sold under the authority of the permit.
(Ordinance 2037-B adopted 4/5/16)
In order to maintain the safety, health and welfare of the citizens of the city, the following provisions shall apply to all persons:
(1) 
No items may be sold or displayed for sale on any city or state public street, public right-of-way, easement, corner clip easement, sidewalk, alley, unimproved lot or parcel of land.
(2) 
The display or sale of merchandise shall not cause any restricted view of traffic.
(3) 
The garage sale permit issued shall not be transferable to another residence or to another individual.
(4) 
The garage sale permit is valid only for the date(s) and location specified on the permit, regardless of schedule change or inclement weather.
(5) 
The sale at a garage sale of any food or drink item, whether hot or cold, packaged, prepackaged or instant, is prohibited.
(6) 
The sale of live animals at a garage sale is prohibited.
(7) 
Garage sale permits shall be issued to qualified applicants for a residence or household within the corporate limits of the city.
(Ordinance 2037-B adopted 4/5/16)
(a) 
To protect the interests of the public, the state and the city and to protect the environment from damage, advertisement signs for any garage sale shall not be erected and/or placed along any highway, roadway, street, farm-to-market road, frontage, bridge, expressway, right-of-way and/or easement. The following are specifically prohibited at such locations:
(1) 
Signs that are erected and/or placed by adhesive, any type of tape, staples, stakes, poles, in ground or on a solid fixture;
(2) 
Signs that are erected and/or placed upon trees, rocks or other natural features;
(3) 
Signs that are erected and/or placed within the right-of-way of any public roadway;
(4) 
Signs erected and/or placed on a utility pole, light pole, street sign, traffic sign.
(b) 
Signs may only be placed on the actual property identified in the garage sale permit.
(1) 
Signs placed on sale location shall not impede traffic or cause a distraction to an operator of a vehicle.
(2) 
Signs shall not be glaring or cause any loss of visibility to an operator of a vehicle.
(c) 
Flyers, bills or any other type of notices left on vehicles, houses or any other type of personal property shall not be allowed.
(Ordinance 2037-B adopted 4/5/16)
The following entities are exempt from the requirements of this article as stated below:
(1) 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction are exempt entirely from this article.
(2) 
Persons acting in accordance with their powers and duties as public officials through the governing entity of the city for the sole purpose of auction, sale, bid and/or closed bid of real property, capital property and/or furnishings belonging to the city are exempt entirely from this article.
(3) 
Any person selling or advertising for sale an item of personal property specifically named or described in the advertisement, not to exceed two items in number, is exempt entirely from this article.
(4) 
Any nonprofit organization recognized by the Internal Revenue Service that has a valid tax identification number or a nonprofit religious church, so long as sales are held at the same location as identified in the tax identification number is exempt from the restriction of garage sales to a “residence or household,” from the restriction regarding the number of sales conducted in any twelve-month period, and from the restriction on the number of consecutive days on which the sale may be conducted, provided all sales will be solely for the purpose of raising funds for the tax exempt organization or nonprofit religious church. These entities must still obtain a permit to operate said sale and must comply with the restrictions on signage.
(Ordinance 2037-B adopted 4/5/16)
Any person, association or corporation conducting any sale without obtaining a permit as required by this article or who shall violate any provision of this article, shall, upon conviction, be fined not less than fifty ($50.00) dollars no more five hundred ($500.00) dollars per day per violation of this article.
(Ordinance 2037-B adopted 4/5/16)