(Ord. No. B-745, § 1, 2-23-2006)
[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:]
GARAGE SALE
The sale of tangible personal property or used or unwanted
household items that is held in the garage, driveway or yard of the
seller's residence; or the parking lot or sidewalk of a non-residential
property. The term garage sale includes the terms yard sale, estate
sale, occasional sale, and similar terms.
(Ord. No. B-745, § 1, 2-23-2006; Ord. No. B-745(B0911), § 1, 10-3-2011)
(a) Permit
required.
A permit shall be required to hold or have
a garage sale. The permit may be issued to the owner or tenant of
the residence, or to the owner of the non-residential property. The
permit for sales on a non-residential property shall be in addition
to any special event sales or temporary outdoor sales allowed by the
zoning regulations.
(b) Number
and duration of sales.
The number of garage sales on
a property shall not exceed two during any calendar year period from
January 1 to December 31. The duration of each sale shall not exceed
three consecutive calendar days.
(c) Conditions
of sale.
Tangible personal property shall be sold only
on the premises of the owner or tenant of the residential property
where the sale is conducted, or on the premises of the owner of the
non-residential property where the sale is conducted. Said owner or
tenant must be the legal owner of such tangible personal property
at the time of such sale. The items for sale shall be confined to
the garage, porch, patio or yard on the premises of the residence,
and to the parking lot or sidewalk on the premises of a non-residential
property. No new merchandise, i.e., merchandise acquired solely for
the purpose of resale, shall be sold at a garage sale.
(d) Sales
affected by rain or inclement weather.
If a property
owner or tenant has purchased a garage sale permit, and the majority
of the scheduled dates for the sale are affected by rain or other
inclement weather, as determined by the building official, a rain-out
permit may be issued. The new permit must be issued within 30 days
of the date of the original permit. If the permit was issued for two
or three days and the rain or inclement weather affects only one day
during the permit period, a rain-out permit shall not be issued.
(Ord. No. B-745, § 1, 2-23-2006; Ord. No. B-745(A0308), § 1, 4-10-2008; Ord. No. B-745(A0808), § 1, 8-28-2008; Ord. No. B-745(B0911), §
1, 10-3-2011)
(a) Size
and number of signs.
Signs to be used for a garage sale
shall be no larger than 15" × 22". No more than three signs
shall be allowed for each permit issued.
(b) On-premise
signs.
One sign shall be posted on the property where
the sale is being conducted. The sign shall be placed in a location
visible from the street.
(c) Off-premises
signs.
Up to two off-premises signs may be placed on
private property which is developed and occupied, subject to the permission
from the owner of the property on which the sign is to be placed.
(d) Sign
locations.
(1) Signs
shall not be placed on utility poles, street sign poles, or other
fixed objects in the city or state rights-of-way.
(2) Signs
shall not be placed within a street median or a visibility triangle.
(3) Signs
shall be placed at least ten feet from the back of curb or edge of
street pavement.
(4) Signs
shall not be placed on vehicles parked on city streets or any other
public rights-of-way.
(e) Posting
and removal of signs.
The permitted sign shall not be
posted more than 24 hours prior to the beginning of the sale and shall
be removed by the permitted not later than 24 hours following the
expiration of the permit.
(Ord. No. B-745(A0308), § 1, 4-10-2008)
If any person is cited for violation of this chapter two or
more times during any 12-month period, the city may refuse to issue
that individual a permit to hold a garage sale anytime during the
subsequent 12-month period.