In this division, the following words and terms shall have the
following meanings ascribed to them, unless the context indicates
otherwise:
Garage sale.
Sometimes also referred to but not limited to “backyard
sale,” “yard sale,” or “porch sale.”
A sale or an offer for sale of miscellaneous items to the general
public, upon residential property not otherwise being used for commercial
purposes.
Occupant.
Either the owner-occupant of the premises whereon such sale
is to be conducted, or the tenant of the owner, provided such tenant
is actually residing upon such premises, and dependent members of
the immediate family of such owner, occupant, or tenant.
(Ordinance 22-O-04.13-01, sec. 4.03.081,
adopted 4/13/2022)
(a) A
person commits an offense under this division if he fails to comply
with any of the requirements of this division, other ordinances or
laws of the city or the state.
(b) A
culpable mental state is not required for the commission of an offense
under this division.
(Ordinance 22-O-04.13-01, sec. 4.03.0082,
adopted 4/13/2022)
Any person found to be violating any term or provision of this
division shall be subject to a fine not to exceed five hundred dollars
($500.00) for each offense. Each day a violation continues shall constitute
a separate offense.
(Ordinance 22-O-04.13-01, sec. 4.03.083,
adopted 4/13/2022)
No person other than the occupant shall conduct a garage sale.
No occupant shall conduct a garage sale if such a sale has been conducted
upon the same property or premises within the period of six (6) months
immediately preceding the date of the commencement of the proposed
sale.
(Ordinance 22-O-04.13-01, sec. 4.03.084,
adopted 4/13/2022)
No person shall sell or offer for sale at a garage sale merchandise
other than used and discarded items of personal property.
(Ordinance 22-O-04.13-01, sec. 4.03.085,
adopted 4/13/2022)
A garage sale shall not be conducted for a period exceeding
three (3) consecutive calendar days.
(Ordinance 22-O-04.13-01, sec. 4.03.086,
adopted 4/13/2022)
All garage sales shall be conducted between the hours of 7:00
a.m. and 7:00 p.m.
(Ordinance 22-O-04.13-01, sec. 4.03.087,
adopted 4/13/2022)
The garage sale shall be conducted in such a manner by the occupant
so as not to create a disturbance or become a nuisance in the neighborhood,
including parking.
(Ordinance 22-O-04.13-01, sec. 4.03.088,
adopted 4/13/2022)
There shall be no more than two city-wide garage sales permitted
each calendar year unless previous permission is approved by the city
council.
(Ordinance 22-O-04.13-01, sec. 4.03.089,
adopted 4/13/2022)