These rules and regulations are designed to control and restrict garage
and yard sales in order to protect the public health, safety and convenience
and to restrict such sales to casual and/or occasional occurrences only, in
keeping with the character of the neighborhood where this activity is carried
on. The intent of this chapter is to eliminate perpetual, prolonged and extended
garage and yard sales in residential areas. Such sales, if continued indefinitely,
tend to become retail businesses in residential areas and zones, create a
nuisance and often violate zoning regulations. The provisions of this chapter
arise from the need to limit, regulate, restrict and control garage and yard
sales.
As used in this chapter, the following terms shall have the meanings
indicated:
GARAGE SALE
The sale or offering of new, used or secondhand items of personal
property at any one residential premises at any one time. Includes all sales
in residential areas entitled "garage sale," "yard sale," "tag sale," "porch
sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market
sale" or any similar casual sale of tangible personal property.
PERSON
Individuals, partnerships, family groups, voluntary associations
and corporations.
PERSONAL PROPERTY
Property which is owned, utilized and maintained by an individual
or members of his or her residence and acquired in the normal course of living
in or maintaining a residence. It does not include merchandise which was purchased
for resale or obtained on consignment.
Sales shall be limited in time to no more than the daylight hours of
three consecutive days or two consecutive weekends (Saturday and Sunday).
Sales shall offer only unwanted items of personal property owned by
those conducting the sale.
No sign shall be placed on the public right-of-way. No lighted sign
shall be used. The sign shall be displayed only during the sale and shall
be promptly removed after the sale.
Whoever shall violate or fail to comply with any of the provisions of
this chapter shall be punishable, upon conviction thereof, by a fine not exceeding
$250 or imprisonment for up to 15 days, or both, and each day that the violation
continues shall constitute a separate offense.
This chapter shall be enforced by the Code Enforcement Officer, whose
duty it shall be to investigate and prosecute any violation thereof.