For purposes of this article, the following definitions shall
apply:
The sale of personal property on the same lot as a residential
dwelling within a residential zoning district and means to include
yard sales, estate sales, and moving sales. It shall not include the
sale of retail merchandise sold for the benefit of a commercial retail
establishment
A charitable, religious, educational, fraternal, governmental,
or civic organization that is located in the city.
(Ordinance O-12-13 adopted 10/22/13)
It shall be unlawful under this article for a commercial retail
establishment (e.g., department stores, warehouses, etc.) to sell
or offer for sale merchandise at a garage sale.
(Ordinance O-12-13 adopted 10/22/13)
Prior to the commencement date of any garage or home sale, the
person desiring to engage in the sale shall obtain from the city building
inspector a permit for such sale. Any person desiring a permit under
this article shall make application for such permit to the building
inspector or code enforcement officer, setting forth the location,
time and date of said sale, the name and address of the person holding
said sale and the type of goods, wares and merchandise to be sold.
(Ordinance O-12-13 adopted 10/22/13)
A nonrefundable permit fee as set forth in the fee schedule in appendix A of this code, as amended, shall accompany the permit application to cover the cost of administration of this provision. For permits issued after sale has commenced, the permit fee shall be double.
(Ordinance O-12-13 adopted 10/22/13)
Two garage or home sales may be held per year per household
covered by the permit application. No other such sales shall be held
at that location during that year, which year consists of 365 days,
between January and December 31st. Each sale may be held from Thursday
through Sunday, dawn to dusk, and no more than four consecutive days
in duration. If the sale continues for more than one day, the days
must be consecutive. No more than two permits shall be issued for
any one premises during said year.
(Ordinance O-12-13 adopted 10/22/13)
(a)
The
permittee shall be entitled to one on-premises sign placed one day
prior to the garage sale. The permittee shall be entitled to post
four additional signs off-premises for the purpose of notifying the
public of the date, time and location of the sale; provided, however,
no sign shall be placed in a public right-of-way, in any sight visibility
triangle, utility pole, official sign, tree, nor be in excess of three
(3) feet above ground level or exceed six (6) square feet in area.
(b)
All
off-premises signs shall have the address and date(s) of the sale
on the sign. The off-premises signs may be placed one day prior to
the sale.
(c)
All
signs or notices posted in regard to any garage or home sale for which
a permit is issued under the provisions of this article shall be located
so as not to constitute an impairment to or obstruction of traffic.
All signs must be removed within twenty-four (24) hours after the
sale has concluded.
(d)
All
signs shall be constructed from a weatherproof material. Cardboard
and paper signs are prohibited.
(Ordinance O-12-13 adopted 10/22/13)
A nonprofit organization may obtain a permit to engage in a
garage, yard, sidewalk or similar sale open to the public, conducted
from or on any property located in any residential zone or at the
premises of the organization. In the event that such sale is to be
held at a site that is not owned by the nonprofit organization, the
applicant shall furnish the city with satisfactory proof of its authority
to conduct the sale at that site. The city may require proof of the
nonprofit or similar status of the organization. The city may waive
the permit fee for such sale.
(Ordinance O-12-13 adopted 10/22/13)
Any person violating any of the provisions or terms of this
article shall, upon conviction in the municipal court, be punished
by a fine not to exceed the sum of two hundred dollars ($200.00) for
each offense, and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
(Ordinance O-12-13 adopted 10/22/13)
