The following words or phrases shall have the
following meanings when used in this chapter.
GARAGE/YARD SALES
Occasional sales by a householder of personal property accumulated
in the normal use of a dwelling as a residence and no longer needed
by the occupants, such as used crockery, kitchenware, dishes, toys,
furniture, costume jewelry, used clothing, used appliances, rugs,
drapes, and the like, offered for sale in the dwelling, appurtenant
garage or other outbuilding on the property or appurtenant yards.
No garage/yard sale shall be conducted except
in the following circumstances:
A. The merchandise offered at the sale shall be only
merchandise acquired for normal use by the householder or other persons
occupying the dwelling on the premises where the sale is held.
B. No more than four garage sales shall be permitted
on the same premises in any one calendar year, and no such sale shall
continue longer than two days.
[Amended 8-15-2023 by Ord. No. 23-19]
All sales shall comply with the following provisions:
A. Application(s) for a license to hold such sale(s)
shall be made, in writing, to the Tax Office at least one business
day before the date the sale is to be held. The application form shall
show:
[Amended 8-15-2023 by Ord. No. 23-19]
(1) The name and address of the applicant.
(2) The place, date and time when the sale is to be held.
(3) The name, address and phone number of the person who
assumes responsibility for compliance with the provisions of this
chapter, which person shall also sign the application.
(4) The name of the auctioneer, if an auction sale.
(5) The nature of the sale and the merchandise to be sold.
(6) Whether or not any signs pertaining to the sale are
to be posted and, if so, where. The application shall be accompanied
by the written permission of the utility or person on whose property
such sign is to be posted.
(7) The date the last sale was conducted on such property.
B. For the purpose of administering the provisions of
this chapter, there is imposed and the applicant shall pay at the
time of filing the application the sum of $5 for each sale.
C. No sales of any kind shall be held before 7:00 a.m.
or after 6:00 p.m. on any day.
D. No merchandise offered for sale shall be displayed
more than one day before the commencement of the sale or allowed to
remain more than 24 hours after the termination of the sale.
E. No signs pertaining to the sale, directional or otherwise,
shall be posted on any utility pole, tree or property without the
written consent of the utility or owner of such tree or property.
No nails shall be driven into trees, and no sign shall be any larger
than three feet by two feet. No sign shall be posted more than 48
hours before the sale, and all signs must be removed within 24 hours
after the conclusion of the sale.
F. Sales shall be conducted wholly within the confines
of the property and in such a manner so as to cause no obstruction
or encroachment on neighboring property or public sidewalks, streets
or other public ways.
G. The person responsible for the conduct of the sale
shall be responsible to see that no disorder occurs, that there is
no littering of adjoining property or public ways, that there is no
trespassing on adjoining property and that these regulations are adhered
to.
H. No device or amplifying sound, music or other sound
device shall be allowed, and any necessary sound shall be kept sufficiently
low so as not to be audible within 50 feet of the property where the
sale is held.
[Amended 8-15-2023 by Ord. No. 23-19]
A first violation of this chapter shall not
require a court appearance unless a not guilty plea is entered; the
fine for a first offense shall be $50. A second violation of this
chapter shall not require a court appearance unless a not guilty plea
is entered; the fine for a second offense shall be $75. Third or subsequent
violations shall require a mandatory court appearance; third or subsequent
offenses shall be punishable by a fine of not less than $100 nor more
than $1,250, at the discretion of the Municipal Court Judge.