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:
Building
means any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind.
Commercial or business building
means a building that was originally constructed and occupied for a commercial, retail, or business use, or a building that has been rewired and modified to comply with the building code for commercial occupancy and uses. A building having any portion of the building utilized as a dwelling shall not be considered a commercial or business building.
Continuous sale
means any sale lasting three or more consecutive days that is permitted, allowed or conducted on a lot, tract or parcel of land that has located thereon a dwelling, a portion of a building used as a dwelling, or that is located in a residential area, where any goods or merchandise are displayed outdoors and the public is invited by signs, advertising, or any other manner to come for the purpose of purchasing goods or merchandise.
Dwelling
means any building or any portion thereof, including homes built on-site, apartments, duplexes, houses, modular buildings and mobile homes, or other structures designed or used for human habitation.
Garage sale
means and includes all sales commonly known or advertised as garage sale, lawn sale, attic sale, rummage sale, flea market sale, or any similar casual sale of goods or merchandise which is advertised by any means whereby the public at large is or can be made aware of such sale in a residential area.
Goods and merchandise
means tangible personal property for sale. Motor vehicles for sale on a lot, tract or parcel shall not be considered goods and merchandise.
Outdoor sales
means the sale of goods or merchandise outdoors, or outside of a permanent commercial or business building, where any goods or merchandise are displayed outside the confines of a building and the public is invited by signs, advertising, or in any other manner to come for the purpose of offering for sale goods, wares or merchandise. A tent, vehicle, trailer or similar shelter, including a dwelling, shall not be an authorized structure for outdoor sales.
Residential area
means any lot, tract or parcel of land within the city that:
(1) 
Was laid out and platted for the location of a dwelling;
(2) 
Has a dwelling located on the lot, tract or parcel and is not designated commercial or retail use; or
(3) 
Is occupied and used, in whole or in part, as a dwelling; that has not been designated by the city as being within a zoning area other than a residential area.
Retail use
means a lot, tract or parcel used for the sale or rental of commonly used goods and merchandise for personal, business or household use. Typical uses may include department stores, furniture stores, or establishments providing the following products or services:
(1) 
Home furnishings and appliances, household cleaning and maintenance products;
(2) 
Drugs, cards, stationery, notions, books, tobacco products, cosmetics, or specialty items;
(3) 
Apparel, jewelry, fabrics, and like items;
(4) 
Cameras or photography services;
(5) 
Household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing, arts and antiques, paint, interior decorating services, or office supplies;
(6) 
Bicycles, wallpaper, carpeting and floor covering;
(7) 
Hardware;
(8) 
Food;
(9) 
Feeds, seeds and fertilizer; or
(10) 
Automotive parts and accessories.
Right-of-way or ROW
means a strip of land publicly owned, that is used, set aside, dedicated, reserved or platted as public street, highway, roadway, or sidewalk. The usage of the term "right-of-way" or "ROW" means every right-of-way within the city that is shown on an official map of the city or state, to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
Sidewalk sale
means any sales activity conducted from or within a sidewalk area of any lot, tract or parcel of land within the city, or within the right-of-way, or on other public property.
Structure
means any permanent building or structure constructed or erected on the ground or which is attached to something located on the ground. The term "structure" includes buildings, telecommunications towers, and sheds that are a primary use of a lot, tract or parcel of land.
(Ordinance 458, § 2, adopted 11/1/2004)
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $500.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ordinance 458, § 8, adopted 11/1/2004)
The owner or occupant of property within a residential area may conduct one continuous sale each calendar year within the residential area. If an owner or occupant elects to hold a continuous sale, the owner or occupant may not conduct more than one garage sale in the same 12 calendar months. The sale may include surplus goods or merchandise that are owned and controlled by the owner or occupant. A person conducting such sale shall comply with all applicable laws, and the sale shall not last longer than five consecutive days.
(Ordinance 458, § 3, adopted 11/1/2004)
Not more than one continuous sale and one garage sale or two garage sales shall be held within any consecutive 12 calendar months, on any lot, tract or parcel of land that is within a residential area. No garage sale shall be held on a lot, tract or parcel of land within the five days immediately preceding or immediately after a continuous sale on the same lot, tract or parcel of land. A garage sale shall not be held for more than two consecutive days. No outdoor sales may be conducted in a residential area. Sales shall not begin before 8:00 a.m. nor last beyond 6:00 p.m. on any day.
(Ordinance 458, § 4, adopted 11/1/2004)
No continuous sale, outdoor sale or garage sale shall be held on any lot, tract or parcel of land that does not have an occupied building.
(Ordinance 458, § 5, adopted 11/1/2004)
Except when holding a garage sale or continuous sale as authorized by this article, it shall be unlawful for any person to display any goods or merchandise outdoors in a residential area. Garage and continuous sales shall abide by the following additional requirements:
(1) 
It shall be unlawful to store or display goods and merchandise outdoors:
a. 
On a sidewalk, except during a festival, homecoming or other special event sponsored or permitted by the city; or
b. 
In a manner that will attract or harbor snakes or rodents.
(2) 
It shall be unlawful to fail to move goods and merchandise that are displayed outdoors during garage sale or continuous sale hours into a building or behind by a solid wood or masonry fence at least six feet tall sufficient to block the view of the goods or merchandise from the view of the public at the end of the sale.
(3) 
It shall be unlawful to deposit, display or store any goods, merchandise, food or other economic good upon any portion of a sidewalk or public right-of-way, or to otherwise thereon construct, erect, install or place any case, stand, table or other type of receptacle, structure or fixture whatsoever for any such purpose, except as specifically authorized by this article or a vote of the city council at a duly posted city council meeting.
(4) 
Except as otherwise specifically excepted, exempted or authorized by ordinance, it shall be unlawful to store or display goods or merchandise outdoors in an area located closer than 25 feet from the boundary line of the property on which it is stored or displayed, unless the goods and merchandise are screened from public view by a solid wood or masonry fence at least six feet tall. An outside storage or outside use area established after the effective date of this article shall be screened by a solid wood or masonry fence at least six feet in height. No materials may be stored higher than the screening provided.
(5) 
All city fire, building and other codes shall be strictly complied with.
(Ordinance 458, § 6, adopted 11/1/2004)
(a) 
The provisions of section 11-245 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, authority and duty as a public employee or official;
(3) 
Persons and businesses participating in a special program or festival that is sponsored or permitted by the city for a period of not more than ten consecutive days during the term of the special program or festival, for the purpose of promoting the local economy or community; and
(4) 
Sales of operable vehicles and automobiles, farming implements, trailers, farming and construction equipment, construction supplies, feed, seed, hay and similar goods and merchandise that is customarily stored and displayed outdoors for lengthy periods of time. The following items and similarly packaged items may be displayed and/or stored outside the main building subject to the conditions contained in this article:
a. 
Bagged grass seed;
b. 
Bagged fertilizer;
c. 
Bagged mulch;
d. 
Bagged bark chips;
e. 
Bagged play sand and similar seasonal bagged products that can be stored in an orderly manner and will not rust, decay or deteriorate during the season they are stored outdoors;
f. 
Rock and soil;
g. 
Firewood stacked not more than four feet high;
h. 
Christmas trees; and
i. 
A maximum of ten portable boxes, bins or other such containers, not to exceed 96 gallon capacity each, for the purpose of collecting aluminum cans, glass, grocery bags or plastic bottles.
(b) 
The prohibitions in this article shall not apply to the movement of merchandise or economic goods over or across sidewalks when such movement is made or accomplished as one continuous transaction of temporary duration to or from buildings or vehicles in a sale, storage or other transfer for a lawful purpose.
(c) 
The prohibitions in this article shall not prohibit the display of merchandise normally placed on gasoline pumps and/or gasoline pump islands.
(d) 
The prohibitions in this article shall not be construed to apply to merchandise dispensing units, e.g., soft drink machines, newspaper racks, pay telephones, ATMs, etc., placed adjacent to and outside of a commercial or business building, where at least five feet of sidewalk or other area between the display and the travel lanes of any street or highway remains unobstructed for pedestrian use.
(Ordinance 458, § 7, adopted 11/1/2004)
Unless otherwise specifically required, allegations and evidence of culpable mental state are not required for proof of an offense under this article.
(Ordinance 458, § 9, adopted 11/1/2004)