(a)
Garage sale
Goods
Person
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:
means and includes all sales entitled “garage sale,”
“lawn sale,” “attic sale,” “rummage
sale,” or “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 and
is not associated with a commercial business properly licensed to
do business in the city limits within an area properly designated
for such commercial business, which is advertised by any means whereby
the public at large is or can be made aware of the garage sale.
includes any goods, warehouse merchandise or other property
capable of being the object of a sale regulated under this article.
means and includes individuals, partnerships, voluntary associations,
and corporations.
(Ordinance 274-092908, sec. 2, adopted 9/29/08; Ordinance 274-092908, sec. 2, adopted 12/6/10)
Any person, firm or corporation violating any of the provisions or terms of this article or owning or occupying real property on which a violation occurs shall be guilty of a misdemeanor and upon conviction shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each and every day such violation is continued shall be deemed to constitute a separate offense.
(Ordinance 274-092908, sec. 9, adopted 9/29/08; Ordinance 274-092908, sec. 9, adopted 12/6/10; Ordinance
adopting 2023 Code)
The provisions of this article shall not apply to or 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 or items of personal
property which are specifically named or described in the advertisement
and which separate items do not exceed five (5) in number.
(Ordinance 274-092908, sec. 4, adopted 9/29/08; Ordinance 274-092908, sec. 4, adopted 12/6/10)
It shall be unlawful for any person to conduct a garage sale
in the city without first filing with the city clerk the information
herein specified and obtaining from such clerk a permit to do so,
to be known as a garage sale permit. The required permit fee is at
no charge and this permit shall be good for only one (1) garage sale
which consists of three (3) consecutive days.
(Ordinance 274-092908, sec. 5, adopted 9/29/08; Ordinance 274-092908, sec. 5, adopted 12/6/10)
A garage sale permit shall be issued to any one person or location
only one time within a month and no such permit shall be issued for
more than three (3) consecutive calendar days and in no event shall
a garage sale be conducted before 7:00 a.m. or after 8:00 p.m. on
any one day of sale. 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 274-092908, sec. 6, adopted 9/29/08; Ordinance 274-092908, sec. 6, adopted 12/6/10)
The information to be filed with the city clerk pursuant to
the permit being issued shall be as follows:
(1)
Name
of the person, firm, group, corporation, association, or organization
conducting the sale;
(2)
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)
Location
at which the sale is to be conducted;
(4)
Number
of days of the sale (3);
(5)
Date
of the sale;
(6)
Number
of citations for noncompliance;
(7)
ID
is required and a sworn statement of affirmation by the person signing
that the information given is complete and true and known to him to
be so.
(Ordinance 274-092908, sec. 7, adopted 9/29/08; Ordinance 274-092908, sec. 7, adopted 12/6/10)
(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 (1) day preceding the sale and
shall be removed within one (1) day following the sale. Signs will
show the 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. No sign shall
be erected or affixed within or project over any public right-of-way
or across the public right-of-way line extended across a railroad
right-of-way. 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 and/or creating a
public hazard, its fixtures and appurtenances.
(Ordinance 274-092908, sec. 8, adopted 9/29/08; Ordinance 274-092908, sec. 8, adopted 12/6/10)
