For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Garage or home sale.
Refers to 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.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.01)
It shall be unlawful under this article for a commercial retail establishment (e.g., department stores, warehouses, and the like) to sell or offer for sale merchandise at a garage sale.
(Ordinance O-162010 adopted 10/12/10; 1997 Code, sec. 99.02)
(a) 
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.
(b) 
Any person desiring a permit under this article shall make application for such permit to the building inspector, 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.
(c) 
The permittee shall be responsible for compliance with the requirements of this article.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.03)
A nonrefundable permit fee in the amount set forth in the fee schedule in appendix A of this code shall accompany the permit application to cover the cost of administration of this provision.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.04; Ordinance adopting 2023 Code)
(a) 
Four 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 1st and December 31.
(b) 
Each sale may be held from Thursday through Saturday, dawn to dusk, and no more than three consecutive days in duration.
(c) 
If the sale continues for more than one day, the days must be consecutive.
(d) 
No more than four permits shall be issued for any one premises during said year.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.05)
(a) 
The permittee shall be entitled to one on-premises sign placed one day prior to the garage sale.
(b) 
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, on a utility pole, official sign, or tree, nor be in excess of three feet above ground level or exceed six square feet in area.
(c) 
The off-premises signs may be placed one day prior to the sale.
(d) 
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.
(e) 
All signs must be removed before 8:00 a.m. the day after the sale has concluded.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.06)
No more than two extra persons may participate in the garage sale with the applicant. At the time of application, the applicant must list the names and address of the persons participating in the garage or home sale with the applicant. All persons involved in the sale, the applicant as well as the other participants, must be a person who does not hold himself out as engaging in, or does not habitually engage in, the business of selling such property at retail.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.07)
The congregation for churches in residentially zoned portions of the city may conduct sales provided that all the rules, regulations, and restrictions in this article are adhered to (fee exempt).
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.08)
Any property that is not in a residentially zoned district may not conduct a garage sale at any time. Residentially zoned districts are to include single-family residential, two-family residential, and multifamily residential districts only.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.10)
Should any person be cited or warned for violations of this article two or more times during any 12-month period, the city may refuse to issue that individual a permit to conduct a garage/home sale anytime during the subsequent 12-month period whether or not said person resides at the same property where the violation occurred.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.11)
It shall be an offense to:
(1) 
Hold a garage sale without a permit;
(2) 
Have more than four garage sales in one year;
(3) 
Exceed the sign limitations in section 5.03.006;
(4) 
Fail to remove the signs as indicated;
(5) 
Have more than two extra people participating.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.12)
Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this article.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.13)
Each violation under this article is a misdemeanor offense punishable upon conviction by a fine not to exceed $500.00.
(Ordinance O-16-10 adopted 10/12/2010; 1997 Code, sec. 99.99)