The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any sale of tangible personal property at retail, including
but not limited to garage sales, patio sales, yard sales and all other
onsite sales in a residential district, as provided in this article,
by a person who does not hold himself out as engaged or does not habitually
engage in the business of selling tangible personal property at retail.
means all retail sales except “occasional sales”
as that term is defined in this section and as expressly prohibited
by the zoning ordinance, chapter 94, and which are prohibited in all
residential and multifamily zoning classification districts in the
city.
(Code 1974, § 10-50)
Occasional sales, including garage sales, patio sales and yard
sales, are hereby permitted in city zoning districts R-1 through R-5,
provided that:
(1)
The
number of such sales shall not exceed two in number during any 12-month
period.
(2)
Such
occasional sales are not conducted by any person or group of persons
holding themselves out as engaged or who do in fact habitually engage
in the business of selling tangible personal property at retail.
(3)
The
tangible personal property shall be sold only on the premises of the
owner or lessee of the property where the sale is conducted and such
owner or lessee must be the legal owner of such tangible personal
property at the time of such sale.
(4)
The
sale shall be confined to the garage or patio on such premises.
(5)
No new
merchandise (i.e., merchandise acquired solely for the purpose of
resale) shall be sold at such occasional sale.
(6)
The
duration of each such sale shall not exceed three consecutive calendar
days.
(Code 1974, § 10-51)
(a)
Any
individual desiring to conduct an occasional sale shall obtain from
the city manager, or his duly authorized representative, a permit
to conduct an occasional sale.
(b)
The
application for such permit shall set forth the name, age and address
of the applicant, and shall contain a statement that the provisions
of this article have been read by the applicant and that he agrees
to comply with all the provisions contained therein and all other
ordinances and regulations of the city. Such application shall further
contain the address and location of the proposed site where the occasional
sale is to be conducted and the dates of all previous occasional sales
conducted by the applicant within the last preceding 12-month period.
(Code 1974, § 10-52)
One sign shall be permitted to advertise occasional sales as
defined herein and such sign shall be provided by the city and must
be placed upon the premises where the sale is taking place. The city
will also issue up to three more signs that may be placed in a location
remote of the sale property providing the following conditions shall
be met. All signs will remain 25 feet from all intersections, 10 feet
behind all curbs and right-of-way and in no instance placed in any
median. All signs shall be removed by the person conducting the sale
immediately after the sale is completed.
(Ordinance 1526, § II, 3-26-02)
Any person who shall violate any of the provisions of this article or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a misdemeanor and shall be liable to punishment as provided in section 1-12, and each day such violation shall be permitted to exist shall constitute a separate offense. The owners of any building or premises, or part thereof, where anything in violation of this article shall be placed or shall exist, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and, upon conviction, shall be punished as provided in this section. The city, likewise, shall have the power to enforce the provisions of this article through civil court action as provided by state law.
(Code 1974, § 10-54; Ordinance 1526, § I, 3-26-02)
