It is recognized that garage sales, rummage sales and the sale
of property from residential estates are an accepted part of the life
of the community; provided, that such sales do not become commercialized
and debase the residential character of the community.
(Res. 90-13, 1990)
means sales of personal property and goods from the estate
of a deceased person, sold from the residence of that deceased person.
means sales conducted by individuals in their homes, for
the purpose of disposing of personal property no longer needed by
the individual. Garage sales may at times be conducted by a combination
of residents at a single location; provided all material or goods
sold are the personal property of one of the persons conducting the
sale, acquired by that person prior to resale without the intent to
resell.
|
Merchandise offered for sale at a garage sale shall consist
of used or secondhand material owned by the seller for a period of
not less than six months prior to the date of such sale, except that
in the case of a seller leaving the community, a shorter period of
ownership will be allowed provided the merchandise was purchased for
actual use by the seller, and the necessity of such sale of the merchandise
could not have been foreseen at the time of such purchase.
|
shall include, but not be limited to, fraternal organizations,
hobby societies, educational societies, historical societies, museums,
hospital auxiliary groups, churches, church auxiliary organizations,
student groups, and parent-teacher organizations who regularly conduct
activities in the City.
means sales conducted by groups of individuals or nonprofit
organizations to raise funds for charitable purposes through the sale
of donated articles of clothing, art objects, household appliances
and utensils, and the like, either new or used.
(Res. 90-13, 1990)
A.
Garage
sales may be held only on property devoted to residential use. Personal
property offered for sale at a garage sale or yard sale may be displayed
on a driveway, in a garage in a rear yard, on the front lawn or elsewhere
upon the premises.
B.
Rummage
sales may be held only in the commercial districts or in structures
in the residential district of nonresidential character, such as churches
and schools.
C.
Estate
sales may be held only in structures which were used as bona fide
residences of the decedents whose property is to be disposed of in
the estate sale. Application for a permit shall be accompanied by
an inventory of all property to be offered for sale, certified to
be the property of the estate.
(Res. 90-13, 1990)
Before any garage sale, rummage sale or estate sale shall be
conducted, the person conducting the same shall file a written application
for a permit with the City Clerk, which shall set forth:
A.
The
name and address of the applicant, and the names and addresses of
any persons owning an interest in the property to be sold, if different
from the applicant, and an indication of the property owned by person
other than the applicant;
B.
The
location of the proposed sale;
C.
The
date or dates during which the proposed sale is to be conducted;
D.
An affidavit
or declaration under the penalty of perjury that the person or persons
conducting the sale is or are the owners of the property offered for
sale, that the property has not been acquired or assigned to the applicant
or applicants for the purpose of resale and the number of previous
sale that have been conducted by the applicant or on the premises
within the 12 month period immediately prior to the date of the application.
(Res. 90-13, 1990)
No more than four permits shall be issued to the same person
or for the same premises within any 12 month period. No permit shall
be transferable to another person or to another premises. Issuance
of a permit shall not relieve the permittee from the responsibilities
for obtaining such other permits and licenses as may be required by
the City, County or State.
(Res. 90-13, 1990)
No permit shall be approved and no sale shall be conducted for
more than three consecutive days. The sale shall not be conducted
before 9:00 a.m. or after 6:00 p.m. on the permitted days.
(Res. 90-13, 1990)
Any permittee granted a yard sale permit shall post the issued
permit in a place which is open to inspection by any peace officer,
fire prevention officer or Health Officer of the City. Such permit
must be posted only during that period of time that the yard sale
is open for business.
(Res. 90-13, 1990)
All identifiable and tangible personal property which is exhibited
for sale at a yard sale shall be made accessible by the permittee
to law enforcement officials at all times for their review and inspection,
and during any such sale the location thereof shall be open by permittee
to all fire prevention and Health Officers of the City for the purpose
of their inspection to determine that the sale complies with the City's
and State's fire prevention and health regulations.
(Res. 90-13, 1990)
Signs advertising or publicizing garage, rummage or estate sales
shall not exceed four square feet in area. No garage sale sign shall
be placed on any utility pole or street sign, or on public property.
Sale signs shall be erected not more than two days prior to the sale
and shall be removed not later than two days after such sale.
(Res. 90-13, 1990)
The violation of this chapter is an infraction and shall be
punishable by: (1) a fine not exceeding $50 for a first violation;
(2) a fine not exceeding $100 for a second violation within one year;
(3) a fine not exceeding $250 for each additional violation within
one year.
(Res. 90-13, 1990)
Sales ordered by or conducted under the direction of a court
of law are not subject to any of the regulations of this chapter.
(Res. 90-13, 1990)
The Chief of Police or the City Council shall have the right
and authority to revoke any permit issued under this chapter if, in
the opinion of the Chief of Police or the City Council, any law of
this City, the State or the County is or will be violated by the conduct
of the sale provided for in the permit.
(Res. 90-13, 1990)
