[1]
Editor's note—Ord. No. B-745, adopted Feb. 23, 2006, superseded former Art. II, which pertained to similar subject matter and derived from Code 1983, § 11-1; Ord. No. B-135, adopted Dec. 21, 1970; Ord. No. B-332, adopted Oct. 13, 1983; Ord. No. B-503, adopted Sept. 26, 1991; Ord. No. B-534, adopted Dec. 2, 1993.
(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.