This chapter shall be known as "Private Sales
and Auctions."
[Amended 12-3-2007 by Ord. No. 905]
The following words and phrases as used in this
chapter shall have the meanings and definitions indicated:
PRIVATE AUCTION
The sale, offering for sale to the highest bidder, barter,
exchange or display of any new or used goods, including but not limited
to furniture, sporting goods, fixtures, tools, equipment, food, clothing,
metal, glass, paper, rubber, synthetics, household goods or rummage,
conducted upon private premises, and conducted by a person employed
for said purpose whether compensated or not. "Estate sales" are deemed
to be private auctions and shall be governed by this definition.
PRIVATE PREMISES
Any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and shall include any yard, grounds, walk, driveway, porch, garage,
steps or vestibule belonging or appurtenant to such dwelling, house
or other structure.
PRIVATE SALE
The sale, barter, exchange or display of any new or used
goods, owned by the licensee or consigned to him/her, including but
not limited to furniture, sporting goods, fixtures, tools, equipment,
food, clothing, metal, glass, paper, rubber, synthetics, household
goods or rummage, conducted upon private premises. Private sales shall
include all sales entitled "private sale," "garage sale," "lawn sale,"
"rummage sale," "tag sale," or "flea market sale," or any similar
casual sale of tangible personal property which is advertised by any
means whereby the public-at-large is or can be made aware of said
sale.
Any person, firm or corporation violating any
provision of this chapter shall, upon conviction, be subject to a
fine of not less than $50 nor more than $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof. Each day that such violation
shall continue shall be considered a separate violation.
This section shall be enforced by the Police
Department. It shall be the duty of the Police Department to investigate
any violations of this section coming to its attention, whether by
complaints or arising from its own personal knowledge, and if a violation
is found to exist, it shall prosecute a complaint before the local
Municipal Court pursuant to the provisions of this section.