It is the purpose of this article to enhance the public health, safety and welfare of the city and its residents by regulating and controlling the proliferation of garage sales, estate sales and the signage associated with such sales. Garage sales are being regulated because there are, at times, perpetual, prolonged and extended yard sales on residential premises; and these sales, if continued indefinitely, tend to become retail businesses in residential areas and neighborhoods. The perpetual, prolonged and extended yard sales are not in keeping with the character of residential areas and create noise, traffic congestion, unsightly signage, and other nuisances in residential areas.
(Ordinance 20-872, sec. 1, adopted 7/9/20)
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:
Estate sale
means any type of garage sale, yard sale or auction overseen by a professional estate sale company, consultant, or auctioneer to dispose of a substantial portion of the personal property or goods previously owned by a person who is recently deceased, or one who must dispose of personal property or goods to facilitate a move.
Garage sale
means any sale entitled “garage sale,” “lawn sale,” “attic sale,” “rummage sale,” “flea market sale,” or any similar casual sale of personal property or goods which is advertised by any means whereby the public at large is or can be made aware of such sale.
Goods
means any goods, warehouse merchandise or other personal property capable of being the object of a sale regulated under this article.
(Ordinance 20-872, sec. 1, adopted 7/9/20)
(a) 
Permit required.
No person shall hold or advertise either a garage sale or an estate sale within the city limits without first obtaining a permit.
(b) 
Application for permit.
A person desiring to have a garage or estate sale shall be required to apply for a garage or estate sale permit for each sale. All applications must be received by the building and permit and permit department [sic] at least 24 hours prior to the sale.
(c) 
Number and duration of sales.
No more than four (4) garage and estate sale permits shall be issued for any one location in any twelve (12) month period. Each sale shall be for a duration not to exceed three (3) consecutive days and each sale must be separated from any other permitted sale at the location by at least four (4) calendar days.
(d) 
Display of permit.
Such permit must be prominently displayed on the premises upon which the garage or estate sale is being conducted throughout the entire period of the permitted sale.
(e) 
Permit fee.
The fee for such permit shall be as set forth in the fee schedule in appendix A of this code. All fees shall be paid prior to the issuance of the permit.
(f) 
Required information.
The information to be provided by an applicant for a garage sale permit shall include:
(1) 
The name of the person conducting such sale;
(2) 
The name of owner of the property on which such sale is to be conducted, and consent of the owner if the applicant is other than the owner;
(3) 
Location at which the sale is to be conducted;
(4) 
Number of days of the sale;
(5) 
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him/her to be so.
(g) 
Home owner’s associations shall be allowed to conduct community-sponsored garage sales under a single master permit that is applied for by the home owner’s association on behalf of its residents. The permit shall be applied for and issued in the same manner as an individual permit and the same regulations as set forth in this article shall apply. The fee for such permit shall be in the amount provided in the fee schedule in appendix A of this code and shall be paid prior to the issuance of the permit. Subsection (c) of this section shall not apply to garage sales conducted under a master permit issued for a community-sponsored garage sale.
(Ordinance 20-872, sec. 1, adopted 7/9/20; Ordinance 22-926 adopted 4/14/22; Ordinance adopting 2022 Code)
(a) 
Each sale shall be allowed no more than five (5) signs per sale. Signs must display the permit number provided by the city.
(b) 
No signs shall be allowed in public rights-of-way, [or] attached to utility poles, trees, public buildings, street signs or traffic-control devices.
(c) 
Signs shall be displayed no earlier than 5:00 a.m. on the day before the first day of the sale and must be removed by 8:00 p.m. of the final day of the permitted sale.
(Ordinance 20-872, sec. 1, adopted 7/9/20)
At the conclusion of a garage or estate sale, all items within sight of any public right-of-way or neighboring property, including display tables or other display items, shall be removed from the yard or driveway no later than sunset on the last day of the sale.
(Ordinance 20-872, sec. 1, adopted 7/9/20)
The provisions of this article requiring a garage or estate sale permit shall not apply to or affect the following persons or sales:
(1) 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
(2) 
Any person selling or advertising for sale items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five (5) in number.
(Ordinance 20-872, sec. 1, adopted 7/9/20)