It is the intent and purpose of the city council, in adopting the ordinance codified in this chapter, to regulate those activities which, in the most technical sense have business or commercial characteristics but which, because of the manner in which they are conducted or the purposes for which they are being operated are truly noncommercial in nature. Said regulations are intended to prevent the expansion of such noncommercial operations into truly commercial operations and to regulate the method of conducting the activity so that it will be confined to noncommercial type of operation. It is the purpose of this chapter to prevent such activities from unfairly competing with licensed revenue-producing commercial and business enterprises and to prevent the conduct of commercial enterprises upon other than commercially zoned property.
(Ord. 77-1 §2, 1977)
For the purposes of this chapter, the following terms shall be defined as follows:
"Garage sale"
means a sale conducted by a person or persons for the purpose of selling, trading, bargaining, exchanging or otherwise disposing of unwanted or surplus household furnishings or goods, or other tangible personal property, usually conducted in a garage, on a patio, upon a driveway, or on or in any portion of a premises in a residential zone or use and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. All sales designated "lawn sale," "attic sale," "rummage sale," "moving sale," "flea market sale" or other terms of similar or like intent and having the foregoing characteristics and purposes shall be deemed garage sales.
"Person"
means and includes a corporation, firm, partnership or association as well as an individual.
(Ord. 77-1 §3, 1977)
This chapter shall not apply to the following persons:
A. 
Persons selling goods pursuant to an order or process of a court of competent jurisdiction;
B. 
Persons acting in accordance with their powers and duties as public officials.
(Ord. 77-1 §11, 1977)
Any person or persons proposing to promote, advertise or conduct a garage sale shall, prior thereto, obtain a garage sale permit from the finance director.
(Ord. 77-1 §4, 1977)
Any person desiring the permit required by Section 5.28.040 shall make verified application therefor in a form satisfactory to the finance director. The application shall contain the following:
A. 
The name of the applicant;
B. 
The address of the applicant;
C. 
The location of the proposed garage sale;
D. 
The date or dates upon which it is proposed to conduct the garage sale;
E. 
A general description of the property proposed to be offered for sale, including serial numbers from those items assigned such numbers.
(Ord. 77-1 §5, 1977)
Upon receipt of the application, the finance director shall issue the applicant a garage sale permit; provided, that no garage sale permit has been issued to the applicant for a garage sale at any location in the city within the twelve-month period immediately preceding the date or dates of the proposed garage sale. The permit shall specify the following:
A. 
The name of the permittee;
B. 
The exact address or location where the garage sale is to be conducted;
C. 
The date or dates upon which the sale is to be conducted;
D. 
The hours of the day during which said sale is to be conducted;
E. 
The requirement that only one sign in the public right-of-way may be used to advertise said sale, which sign shall be displayed only at the location of the sale, and only during the date or dates and hours of said sale; and the further requirement that said sign shall not exceed six square feet in area nor six feet in height;
F. 
A general description of the property to be offered for sale;
G. 
The requirement that the permit shall be revoked for failure to comply with all terms and conditions thereof, or the provisions of this chapter or other applicable provisions of law;
H. 
The requirement that the permit shall be prominently displayed at the location of the garage sale; and
I. 
Such other conditions relating to the promotion, advertising and conducting of the garage sale which, in the opinion of the police chief, are necessary or proper for the preservation of the peace, elimination of traffic hazards, safety of pedestrians, preservation of public or private property, or like or similar matters.
(Ord. 77-1 §6, 1977)
Not more than one garage sale permit shall be issued to any person during any twelve-month period. No garage sale permit shall be issued permitting the promotion, advertising or conducting of a garage sale for more than three consecutive days.
(Ord. 77-1 §7, 1977)
For subsequent garage sales in any consecutive twelve-month period, a use permit must first be obtained from the planning commission, and shall comply with all requirements of the zoning and business license ordinances of the city.
(Ord. 77-1 §8, 1977)
The finance director shall have the power to revoke at any time any permit granted in accordance with this chapter upon determining that the garage sale permitted thereby has been promoted, advertised or conducted in violation of any of the provisions of this chapter, or in violation of the provisions or conditions of the garage sale permit issued for such sale, or in such manner as to deceive or defraud the public, or that the permittee has committed any of the following:
A. 
Made any material misstatement in the application for such permit;
B. 
Been guilty of any fraudulent practice, or practices in the promotion, advertising or conduct of the sale authorized by such permit;
C. 
Violated any of the provisions or conditions of the permit, or violated any of the provisions of this chapter or of any other provision or law in promoting, advertising, or conducting such sale.
(Ord. 77-1 §9, 1977)
Any person denied a permit, or aggrieved by the conditions attached thereto, or having had a permit revoked, may appeal the decision of the finance director or planning commission to the city council by filing, within ten days after notice of the denial or conditions or revocation, a written request for review of said decision and stating facts supporting such request. The council shall, upon the review, affirm, modify or reverse the decision of the finance director or planning commission.
(Ord. 77-1 §10, 1977)