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.
All sales entitled “garage sale,” “lawn
sale,” “attic sale,” “rummage sale,”
“flea market sale,” or any similar casual sale of tangible
personal property which is advertised by any means whereby the public
at large is or can be made aware of such sale.
Goods.
Any goods, warehouse merchandise or other property capable
of being the object of a sale regulated under this article.
Person.
Individuals, partnerships, voluntary associations and corporations.
(Ordinance 2005-01, sec. 1, adopted 4/12/05)
Any person who shall violate any of the terms or regulations
of this article shall be fined an amount not to exceed two hundred
dollars ($200.00) for conviction of each violation thereof.
(Ordinance 2005-01, sec. 7, adopted 4/12/05)
The provisions of this article shall not apply to affect the
following persons or sales:
(1) Persons
selling goods pursuant to an order or process of a court of competent
jurisdiction.
(2) Persons
acting in accordance with their powers and duties as public officials.
(3) Any
person selling or advertising for sale an item of personal property
which is specifically named or described in the advertisement and
which separate items do not exceed five in number.
(Ordinance 2005-01, sec. 2, adopted 4/12/05)
It shall be unlawful for any person to conduct a garage sale
within the city limits without first filing with the city secretary
the information hereinafter specified and obtaining from the city
secretary a permit to do so, to be known as a garage sale permit.
(Ordinance 2005-01, sec. 3, adopted 4/12/05)
A garage sale permit shall be issued to any one person or location
only six (6) times within a twelve-month period and no such permit
shall be issued for more than two (2) consecutive calendar days. Each
permit issued must be prominently displayed on the premises upon which
the garage sale is conducted throughout the entire period of the permitted
sale.
(Ordinance 2005-01, sec. 4, adopted 4/12/05)
The information to be filed with the city secretary pursuant
to this article shall be as follows:
(1) The
name of person, firm, group, corporation, association, or organization
conducting the sale.
(2) The
name of the owner of the property on which the sale is to be conducted,
and consent of the owner if the applicant is other than the owner.
(3) The
location at which the sale is to be conducted.
(4) The
number of days of the sale.
(5) Date
of sale and dates of past sales.
(6) Sworn
statement of affirmation by the person signing that the information
given is full and true and known to him to be so.
(Ordinance 2005-01, sec. 5, adopted 4/12/05)
(a) Signs
giving notice of or advertising garage sales in residential areas
shall not exceed four square feet in face area. They may not be illuminated,
may not be erected earlier than one day preceding the sale and shall
be removed within one day following the sale. Signs will show the
location and date(s) of the sale. A permit to hold a garage sale is
required separate from the signage. No permit is required for the
sign itself.
(b) The
placement or installation of garage sale signs in the right-of-way
of any street, alley or public property is prohibited. This section
shall not be construed so as to prohibit vehicular signs as long as
such comply with other provisions of this section, nor to prohibit
the carrying or display of signs by a person or persons as long as
such sign is not connected or affixed to the real property comprising
the public right-of-way, its fixtures and appurtenances.
(Ordinance 2005-01, sec. 6, adopted 4/12/05)