No person residing in the city shall display for purposes of
sale, offer to sell or sell, upon residential property, used personal
property to a member of the general public, except in accordance with
this article.
(Ordinance 539 adopted 8/10/99; Ordinance
1353-2022 adopted 7/26/2022)
For the purpose of this article the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
An estate sale is a sale or auction to dispose of a substantial
portion of the materials owned by a person who is recently deceased
or who must dispose of their personal property to facilitate a move.
An estate sale is limited to only once within a calendar year without
special permitting from the city council.
Occasional or general sales open to the public conducted
from or on any property located in any commercial zone, as defined
by the zoning ordinance, for the purpose of disposing of donated personal
property for sale, including but not limited to all sales entitled
garage, lawn, yard, patio, rummage or estate sale at which items are
sold to benefit a nonprofit cause. A nonprofit yard sale does not
include a sale of ten or less specific items if all advertisements
of such sale specifically name each of those items to be sold.
That which is owned, used and maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence but does not include merchandise
which was purchased or acquired for resale or obtained on consignment.
Occasional or general sales, open to the public, conducted
from or on any property located in any residential zone, as defined
by the zoning ordinance, for the purpose of disposing of personal
property, including but not limited to all sales entitled garage,
lawn, yard, patio, occasional, rummage or estate sale, but a residential
yard sale does not include a sale of ten or less specific items if
all advertisements of such sale specifically name each of those items
to be sold.
(Ordinance 1242-2019, sec. 1, adopted 9/10/19; Ordinance
1353-2022 adopted 7/26/2022)
A person shall not conduct a yard sale without obtaining a yard
sale permit from the city prior to beginning the yard sale.
(Ordinance 539 adopted 8/10/99; Ordinance
1353-2022 adopted 7/26/2022)
Prior to issuance of a yard sale permit, a person shall make
a written application to the city secretary at least one business
day in advance of the proposed sale. The application shall include
the following information:
(1)
The
complete name and address of each applicant;
(2)
The
address/location at which the proposed sale is to be held;
(3)
The
date or dates upon which the sale is to be held;
(4)
The
date or dates of any other yard sales participated in or conducted
by each applicant within the current calendar year;
(5)
Must
have an active utility account in good standing with the city and
provide proof by a valid government issued picture identification
document with the property address of the sale named on it and that
applicant is at least 18 years of age or older; and
(6)
An
affirmative statement that the property to be sold at the yard sale:
(7)
The
name of the property owner and the address of the property on which
directional signs will be placed.
(Ordinance 548 adopted 1/11/00; Ordinance
1353-2022 adopted 7/26/2022)
An applicant shall pay to the city permit department a fee of
$10.00 unless otherwise established by the city council before the
issuance of any yard sale permit.
(Ordinance 548 adopted 1/11/00; Ordinance
1353-2022 adopted 7/26/2022)
(a)
A
charitable, religious, educational, fraternal or governmental organization
may not hold a yard sale on residential property.
(b)
A
yard sale permit may not be issued at the same residence or dwelling
more than four (4) times per calendar year except that this provision
would not apply to estate sales which would allow both sales to be
held without an estate sale counting against the time limit for yard
sales when being held from the same property. If members of more than
one residence in an area request a permit, a permit is required for
each residence.
(c)
A
yard sale permit shall only be issued to a water utility account holder
in good standing within the city. The property address of the sale
must correspond to the valid government issued picture identification
document of the utility account holder. A yard sale permit shall not
be issued for vacant lots where no principal structure is located
unless otherwise approved by the city manager or his or her designee.
An estate sale may be permitted when applied for by the executor or
other person proven to be the responsible party for that property.
A permit for an estate sale may not be issued at the same residence
or dwelling more than once in a calendar year without the issuance
of a special permit from the city council.
(d)
Yard
sale applications must be made and approved no later than 24 hours
before the day of the sale.
(e)
A
person conducting a yard sale shall place the sign displaying the
yard sale permit, issued by the city, in the dwelling at which the
sale is to be conducted, so that it is clearly visible from the street.
(f)
The
duration of any yard sale shall not exceed three consecutive calendar
days and may be held only on Thursday, Friday, Saturday, and/or Sunday.
(g)
If
inclement weather occurs on any part of two days of a scheduled and
permitted yard sale, resulting in cancellation, the sale shall not
be charged against the frequency of sales permitted. The applicant
shall notify the permits department on the next regular working day
of the cancellation due to weather. Permit fees are not refunded for
weather cancellations.
(h)
All
personal property offered for sale may be displayed in the yard, in
the residence, in the garage, in the carport, or on the driveway.
Property shall not be displayed or sold within 15 feet of a public
street or sidewalk.
(i)
Property
sold at the yard sale must not be acquired nor consigned for the purpose
of resale, and must not be from an inventory or stock of goods in
trade.
(j)
The
permittee shall only use yard sale signs issued by the city. With
each yard sale permit, the applicant will receive two directional
signs and one permit sign. The permit sign must be placed on the property
where the yard sale is located so that it is readily observed from
the street. The applicant shall place the directional signs on private
property with permission of the property owner, to aid the public
in finding the location of the sale. The permission of the property
owner must be indicated by the property owner's signature on the back
of the sign. Signs must be placed on a post or stake; no box stands
and appropriate signage only. If an applicant wants more directional
signs than the two issued with the permit, the applicant may obtain
up to three additional signs upon payment of the approved applicable
fee of the signage for each additional sign.
(k)
Signs
may be displayed 24 hours before the sale begins and must be removed
within 24-hours of the end of the yard sale. A person shall not display
a yard sale sign on a utility pole, street signs or in the public
right-of-way or in the highway median or along the highway.
(l)
At
the conclusion of a yard sale, the person conducting the sale shall
remove all items displayed for sale and all display tables and other
display items from the yard or other area visible from the street.
This removal must be completed by 8:00 a.m. on the morning following
the last day of the sale.
(Ordinance 1242-2019, sec. 2, adopted 9/10/19; Ordinance
1353-2022 adopted 7/26/2022)
A permit shall be issued if a proper application is submitted
and the applicant has not already been issued four permits during
the calendar year, except that:
(1)
The
city manager or his designee may revoke any permit or refuse any application
for the issuance of a permit if the application submitted by the applicant
or permit holder contains any false, fraudulent or misleading information.
(2)
If
any person is found to be in violation of an offense under this article,
that person and any person residing in the same residence may not
obtain a permit for a yard sale until the expiration of 12 consecutive
months from the date of violation.
(Ordinance 1294-2020 adopted 10/27/20; Ordinance
1353-2022 adopted 7/26/2022)
(a)
Enforcement. The enforcement of this article shall be
the responsibility of the code enforcement officer, ordinance officer,
and/or police officers.
(b)
Citation.
Any code enforcement officer, ordinance officer
or police officer shall have authority to issue citations for any
violation of this article.
(Ordinance 539 adopted 8/10/99; Ordinance
1353-2022 adopted 7/26/2022)
