For the purposes of this chapter, a "garage sale" shall be defined as a sale conducted by an individual homeowner or occupant of a home, or apartment owners, or occupant of an apartment unit, or owner or occupant of any other residential or dwelling unit, 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 premises in a residential zone and for which no inventory or permanent or detailed records are kept on the transactions thus carried out. It may, at times, be conducted by a combination of residential dwellers at a single location and may take on the nature and character of a rummage sale or a fund-raising event for civic or charitable purposes. 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.
(Code 1964 § 11A-1; Ord. 560 § 1)
Any person proposing to promote, advertise or conduct a garage sale shall, prior thereto, obtain a garage sale permit from the City Clerk.
(Code 1964 § 11A-2; Ord. 560 § 1)
Any person desiring the permit required by HMC § 5.12.020 shall make application therefor in a form satisfactory to the City Clerk. 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.
F. 
A statement that no garage sale permit has been issued to the applicant within the 12-month period immediately preceding the date of the proposed garage sale for which application is being made.
G. 
A statement that no garage sale permit has been issued permitting a garage sale to be conducted at the location of the proposed garage sale for which application is being made within the 12-month period immediately preceding the date of such proposed garage sale.
(Code 1964 § 11A-3; Ord. 560 § 1)
Upon receipt of the application and processing fee, the City Clerk shall issue the applicant a garage sale permit; provided, that no garage sale permit has been issued (1) to the applicant for a garage sale at any location in the City within the 12-month period immediately preceding the date or dates of the proposed garage sale, nor (2) to any person for a garage sale at the location of the proposed garage sale within such 12-month period. 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 requirement that only one sign may be used to advertise such sale, which sign shall be displayed only at the location of the sale, and only during the date or dates and hours of such sale; and the further requirement that such sign shall not exceed six square feet in area nor six feet in height.
E. 
A general description of the property to be offered for sale.
F. 
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.
G. 
The requirement that the permit shall be prominently displayed at the location of the garage sale.
H. 
Such other conditions relating to the promotion, advertising and conducting of the garage sale which, in the opinion of the City Clerk, 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.
(Code 1964 § 11A-4; Ord. 560 § 1)
Not more than one garage sale permit shall be issued to any person during any 12-month period, nor shall a garage sale permit be issued for the promotion, advertising or conducting of a garage sale at the same location more than once in any 12-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.
(Code 1964 § 11A-5; Ord. 560 § 1)
The City Clerk 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.
(Code 1964 § 11A-6; Ord. 560 § 1)
Any person denied a permit, or aggrieved by the conditions attached thereto or having had a permit revoked, may appeal the decision of the City Clerk to the City Council by filing with the City Clerk within five days after notice of the denial or conditions, or revocation, a written request for review of such decision and stating facts supporting such request. The City Council shall, upon the review, affirm, modify or reverse the decision of the City Clerk.
(Code 1964 § 11A-7; Ord. 560 § 1)
It shall be unlawful for any person to promote, advertise or conduct any garage sale without a permit issued pursuant to the provisions of this chapter, or in violation of any of the conditions of such permit, or the provisions of this chapter or after revocation of a permit.
(Code 1964 § 11A-8; Ord. 560 § 1)
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.
C. 
Any person promoting, advertising or selling an item or items of personal property which is or are specifically named or described in any advertisement therefor and which separate items do not exceed 10 in number.
(Code 1964 § 11A-9; Ord. 560 § 1)