No resident of the city shall conduct a garage sale in the city except in accordance with the rules, regulations and restrictions in this article.
(1998 Code, sec. 34-200; Ordinance 2010-02-002, sec. 2 (34-200), adopted 2/2/10; 2013 Code, sec. 12-174)
The following words, terms, or 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
means the sale of tangible personal property or used or unwanted household items which is conducted on the premises of a residentially owned property and held completely within the confines of the garage, yard, patio, or driveway of said premises. The term “garage sale” may include but is not limited to the following terms: yard sale, estate sale, moving sale, patio sale, rummage sale, occasional sale, temporary sale and other similar terms.
Household items
means property which is used, acquired and/or maintained in the normal course of living in or maintaining a residence.
Prohibited items
means new merchandise which was acquired solely for the purpose of resale or obtained on consignment; this is to include the selling of prepared food or food items.
(1998 Code, sec. 34-201; Ordinance 2010-02-002, sec. 2 (34-201), adopted 2/2/10; 2013 Code, sec. 12-175)
(a) 
A permit shall be required to conduct a garage sale. The permit shall only be issued to the property owner and/or the occupant of the premises once a written application has been submitted to the permit department. The permit shall be posted during the entire course of the garage sale.
(b) 
Any person who desires to conduct a garage sale shall make a written application to the permit department which shall contain the following information:
(1) 
Name of the applicant.
(2) 
Address where the garage sale is to be conducted.
(3) 
The beginning and ending dates of the garage sale.
(4) 
The hours of operation the garage sale shall be conducted.
(5) 
List names and addresses of other participants in the garage sale.
(6) 
Proposed “rain-out” dates for another garage sale should the permitted garage sale be cancelled due to inclement weather.
(7) 
An affirmative statement that the items to be sold at the garage sale are personal property owned by the applicant and were not acquired for the purpose of resale.
(1998 Code, sec. 34-202; Ordinance 2010-02-002, sec. 2 (34-202), adopted 2/2/10; 2013 Code, sec. 12-176)
(a) 
Number and duration of sales.
No more than two garage sales shall be permitted at any one location or address during a 12-month calendar year starting January 1 to December 31. No sale shall last more than three consecutive days. All sales must start and end on the days listed on the written application.
(b) 
Deferment to next weekend.
Only one garage sale per year may be deferred to the next weekend of the scheduled sale per the application at the discretion of the applicant with written notification to the permit department.
(c) 
Number of participants.
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 addresses of the persons participating in the garage sale with the applicant. All persons involved in the garage 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.
(d) 
Inclement weather.
Should rain or inclement weather affect two or more of the dates on the garage sale application then a new permit shall be issued for the rain-out dates on the initial garage sale permit at no cost to the applicant. A rain-out permit will only be issued for the dates selected by the applicant at the time the original garage sale permit was issued.
(e) 
Signs.
Only three signs advertising the sale are allowed per garage sale and the following regulations must be adhered to:
(1) 
All signs to be used for a garage sale shall be those signs issued by the city at the time of permitting. One sign shall be issued with the permit. Up to two additional signs may be purchased for an additional charge as approved in the fee schedule. No other garage sale signs shall be permitted.
(2) 
Signs shall have the permit number clearly and legibly marked on each sign in one-inch lettering.
(3) 
One on-premises sign and two off-premises signs are allowed per garage sale.
(4) 
Such signs may not be placed so as to impair the corner visibility of intersections of streets, driveways and alleys pursuant to section 4.07.006(b).
(5) 
Such signs shall not be placed within the public right-of-way.
(6) 
Such signs shall not be placed on public property including but not limited to parks, public facilities and public open spaces.
(7) 
The sign area shall not exceed six square feet.
(8) 
The height of such signs shall not exceed three feet.
(9) 
All such signs must be placed on private property only, with written consent of the property owner.
(10) 
Only one sign for every 50 feet of linear frontage of private property shall be permitted.
(11) 
Such signs shall not be affixed to utility poles, official signs, or vehicles parked on a city street.
(12) 
Signs may be placed 24 hours prior to the commencement of the sale and must be removed within 24 hours after the conclusion of the sale.
(13) 
Any and all garage sale signs not in compliance with the rules, regulations and restrictions of this section shall be subject to removal and/or fine.
(1998 Code, sec. 34-203; Ordinance 2010-02-002, sec. 2 (34-203), adopted 2/2/10; 2013 Code, sec. 12-177)
During the weekend of the city-wide garage sale, each property must apply for a permit in writing and obtain a permit at no cost to the applicant. Choosing to participate in the city-wide garage sale does not lessen the number of allowable garage sales per year.
(1998 Code, sec. 34-204; Ordinance 2010-02-002, sec. 2 (34-204), adopted 2/2/10; 2013 Code, sec. 12-178(a))
The congregation for churches in residentially zoned portions of the city may conduct two garage sales per calendar year provided that all the rules, regulations, and restrictions in this article are adhered to.
(1998 Code, sec. 34-204; Ordinance 2010-02-002, sec. 2 (34-204), adopted 2/2/10; 2013 Code, sec. 12-178(b))
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 multi-family residential districts only.
(1998 Code, sec. 34-204; Ordinance 2010-02-002, sec. 2 (34-204), adopted 2/2/10; 2013 Code, sec. 12-178(c))
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 sale anytime during the subsequent 12-month period whether or not said person resides at the same property where the violation occurred.
(1998 Code, sec. 34-204; Ordinance 2010-02-002, sec. 2 (34-204), adopted 2/2/10; 2013 Code, sec. 12-178(d))