The following words and phrases, when used in this article, shall have the meaning ascribed to them by this article. All terminology used in this article and not specifically defined herein shall retain its meaning in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body or if not defined therein the latest volume of Merriam-Webster's Collegiate Dictionary.
Calendar year.
That period of time from January 1st through December 31st of any year.
Charitable entities.
Entities furthering philanthropic, religious or other nonprofit objectives, including for the benefit of poor, needy, sick, refugee or disabled persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; and, the benefit of any fraternal, social or civil organization, or the benefit of any educational institution. Charitable entities shall not be construed to include entities or individuals furthering the direct benefit of the individual engaging in the solicitation. Charitable entities shall not be construed to include the entities furthering any political group or political organization which is subject to financial disclosure under state or federal law.
Chief building official.
The official appointed by the city manager of the city, and charged with the responsibility of enforcing this article.
Consumer.
An individual who acquires real or personal property, services, money, or credit for personal, family or household purposes.
Dwelling.
Any building, or portion thereof, designed or used exclusively for residential occupancy or which is occupied, controlled or used by any person as defined in this article.
Garage sale.
An occasional sale, exchange, or barter to the general public, on properties with a residential use, for the purpose of disposing of surplus personal property. The term includes, but is not limited to, all sales entitled “garage,” “lawn,” “yard,” “room,” “estate,” “backyard,” “patio,” “rummage,” and “neighborhood.”
Parkway.
The area between the edge of the designated street and the adjacent owner's property line and including any public easement.
Person.
Any person, individually, or any group of persons collectively or any association organized for benevolent, charitable, religious or cultural purposes not for business or profit.
Property owners association.
A designated representative of the owners of property in a subdivision, condominium complex, or other property and may be referred to as a “homeowners association,” “neighborhood association,” “community association,” “civic association,” “civic club,” “association,” “committee,” or similar term. The membership of the association consists of the owners/tenants of property within the subdivision, condominium complex, or other residential property.
Religious organization.
An organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or organization.
Right-of-way.
The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the city has an interest.
Signs.
Only those signs, issued by the city, for purposes of advertising a garage sale.
Sidewalk.
Any surface provided for the exclusive use of pedestrians.
Street.
The right-of-way for a street and the portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which include parkways, alleys, sidewalks, drainage ditches and utility easements.
Traffic island.
A barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing streams of vehicular traffic.
(Ordinance 2018-05-14-04 adopted 5/14/18)
No person, firm, nonprofit, or corporation shall advertise, operate, or participate in a garage sale within the limits of the city without first obtaining a garage sale permit. The fee for a garage sale permit shall be established by the city council and is listed in the master fee schedule of this code.
(Ordinance 2018-05-14-04 adopted 5/14/18)
The following regulations apply in connection with the conduct and operation of a garage sale:
(1) 
Prior to holding or conducting a garage sale, a garage sale permit must be obtained in person at city hall. Only individuals who are residents of the city may apply for a garage sale permit.
(2) 
A garage sale permit, if issued, will be issued by the city secretary of the city or his/her designee(s).
(3) 
A garage sale permit must be obtained by an adult occupant of the property where the garage sale is to be conducted or their designated adult representative (herein referred to as the occupant). Proof of the ownership or occupancy of such property may be verified by the state/city documents (driver's license), or by water/sewer account information.
(4) 
A garage sale permit shall be issued by property address, not applicant name.
(5) 
A garage sale permit may only be issued for properties with a residential use, except for a sale authorized by subsection (10) below.
(6) 
A garage sale permit may be issued no more than four (4) times per calendar year for the same premises (the maximum number of garage sales), excluding community garage sales. At least thirty (30) days must elapse between garage sales occurring on the same property.
(7) 
A garage sale permit shall be valid for up to three (3) consecutive calendar days. On each such day, a garage sale may commence not earlier than thirty (30) minutes following sunrise and shall end not later than thirty (30) minutes prior to sunset.
(8) 
A current garage sale permit issued for the property must be posted on the property where the sale is conducted at all times while the garage sale is being conducted and must be displayed in a conspicuous location.
(9) 
No more than five (5) families may combine their property for sale at a single garage sale, except as provided in subsection (10) of this section.
(10) 
A property owners association shall be permitted to have a community garage sale and in connection therewith shall abide by and be subject to the provisions set forth in sections 4.06.002 and 4.06.003 of this article. For purpose of determining the number of garage sales conducted annually on a property, the holding of a community garage sale shall not be considered a garage sale conducted on an individual residential property which is subject to the jurisdiction of the association. Except as otherwise provided for in this article, all community garage sales shall be subject to the same terms and conditions applicable to a garage sale for an individual residential property including, without limitation, that no more than three (3) community garage sales may occur each calendar year.
(11) 
Garage sale items may be displayed for sale only in the following areas: residential yard including the front or back yard, garage, patio area, under a carport covering, driveway, or inside a residence.
(12) 
Garage sale items must be placed at least ten (10) feet from the back of the curb and at least five (5) feet from each side property line. Garage sale items shall not be located within the public right-of-way.
(13) 
Garage sale items including, but not limited to: items for sale, displays, tables, racks, tarps, and boxes must be removed by the occupant from the sale area by 8:00 a.m. the day following the last day of the sale. Items are strictly prohibited from remaining in the sale area or in the yard of the property.
(Ordinance 2018-05-14-04 adopted 5/14/18)
Should a permit be denied or revoked, the applicant or permit holder may appeal that action to the city council of the city by submitting a letter to the city secretary within ten (10) days to appeal that action. A hearing of the denial or revocation will then be scheduled for the next regular meeting of the city council, or a special meeting of the city council, to be held within fifteen (15) days of the appeal. The city council shall render a decision on the appeal upon conclusion of the hearing. The hearing shall be an administrative hearing. Adherence to formal rules of evidence shall not be required. The decision of the city council shall be final and binding. No new application for a permit will be considered for six months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the city police chief.
(Ordinance 2018-05-14-04 adopted 5/14/18)
All signs to be located in the city for garage sales shall be in conformance with section 3.06 of chapter 3 of this code, as amended, and the following regulations:
(1) 
Signs for garage sales conducted within the city must be used in connection with the garage sale for which a garage sale permit was received. Signs for garage sales located in the ETJ shall only be valid for the dates the signs are issued for. All other off-premises signs related to a garage sale are strictly prohibited.
(2) 
All garage sale signs must be posted on the ground using a wood or metal stake. All other posting methods are strictly prohibited.
(3) 
Garage sale signs shall not be placed, erected or installed any earlier than 8:00 a.m. the day of the sale. All garage sale signs must be removed by the occupant by 8:00 a.m. on the day following the last day of the garage sale.
(4) 
Nothing herein shall be construed as authorizing an applicant to erect or post a sign in the public rights-of-way, or on private property without first obtaining written permission from the property owner.
(Ordinance 2018-05-14-04 adopted 5/14/18)
The following regulations pertain to the cancellation of a garage sale:
(1) 
Subject to subsection (2) of this section, if inclement weather occurs on any part of three days of a scheduled garage sale, resulting in cancellation of the garage sale in its entirety each such day, the garage sale shall not count toward the maximum number of garage sales permitted within one calendar year.
(2) 
If the conditions of subsection (1) of this section apply, the occupant must contact city hall within three (3) business days following cancellation due to inclement weather to reschedule the date of the garage sale. If the occupant fails to do so, the garage sale shall be counted toward the maximum number of garage sales allowed per calendar year.
(3) 
Garage sales will only be rescheduled due to inclement weather. No exceptions.
(4) 
Permit fees will not be refunded under any circumstances.
(Ordinance 2018-05-14-04 adopted 5/14/18)
The following regulations shall apply to charitable, religious, educational, fraternal, governmental, or nonprofit organizations (collectively, “nonprofit organizations”):
(1) 
Nonprofit organizations may only conduct a garage sale on the nonprofit organization's property or other properties with written permission regardless of zoning or land use.
(2) 
If a nonprofit organization desires to conduct a garage sale on property not its own the nonprofit organization must present to the city a letter from the owner of the property authorizing the nonprofit organization to conduct a sale on the property. The letter must include the property address, the name of the nonprofit organization sponsoring the garage sale and the dates the garage sale is to take place and must be signed by the property owner.
(3) 
No fee to be charged for the garage sale permit.
(4) 
A nonprofit organization is permitted to conduct a maximum of twelve (12) garage sales per calendar year.
(5) 
The number of families participating in a garage sale sponsored by a nonprofit organization is not restricted.
(Ordinance 2018-05-14-04 adopted 5/14/18)
Any person, firm, corporation or business entity violating this article, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding five hundred dollars ($500.00). Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this article shall not preclude the city from filing suit to enjoin the violation. The city retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 2018-05-14-04 adopted 5/14/18)