Village of New Haven, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Council of the Village of New Haven 12-8-1981 by Ord. No. 183. Amendments noted where applicable.]
GENERAL REFERENCES
Handbills — See Ch. 288.

§ 277-1 Definitions.

The following words and phrases shall have the following meanings with respect to this chapter, unless the context otherwise dictates or requires:
GARAGE SALE
Includes all sales commonly known as or referred to as "garage sale," "rummage sale," "flea market sale" or any other similar casual sale of tangible personal property, not otherwise regulated by Village ordinances of New Haven, and which is advertised by any means whereby the public at large is or can be aware of such sale.
GOODS
Any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
PERSON
Includes any individual co-partnership, corporation, association, joint venture and any other group or combination acting as a unit and the individuals constituting such group or unit.

§ 277-2 Permit required.

No person shall conduct or cause to be conducted a garage sale as herein defined in the Village of New Haven without first filing with the Village Clerk a written application, as hereinafter provided, on forms prescribed by the Clerk, and further without first obtaining from said Clerk a permit to conduct or cause to be conducted such a garage sale as defined in § 277-1.

§ 277-3 Application for permits; information required; fee; limitations.

A. 
Applications for a garage sale permit shall be filed with the Village Clerk on forms prescribed by said Clerk.
(1) 
Said written applications shall contain the following information:
(a) 
Name and address of the person, firm, group, corporation, association or organization conducting said garage sale.
(b) 
The location at which said sale is to be conducted and the date and nature of any prior sales conducted at the same location within the preceding twelve-month period.
(c) 
The dates on which the garage sale is to be conducted within the time limitations hereinafter prescribed.
(d) 
A general description of the items or goods proposed to be sold at said garage sale.
(e) 
The date, nature and location of any past garage sale conducted by the applicant in the Village of New Haven within the preceding twelve-month period at a location other than the proposed location for which a permit is requested or at said same location.
(2) 
Said written application shall be signed by the applicant therein stating that the information contained in said application is truthful to the best of the applicant's information, knowledge and belief.
B. 
A permit fee in the amount of $5 shall be paid to the Village Clerk at the time of filing the application for a garage sale permit, except that the permit fee of $5 shall not be charged on a permit issued to any one individual for a permit which is the first to occur within a twelve-month period at the location described in the permit.
C. 
A garage sale as defined in this chapter shall not be conducted for any period of time in excess of three consecutive calendar days.
D. 
No garage sale permit as herein provided shall be granted and issued to any one person more than three times within any twelve-month period, and no such garage sale permit shall be issued authorizing any such garage sale to be conducted for a period longer than three consecutive calendar days.
E. 
The garage sale permit authorizing such garage sale shall be displayed in the front window of the building on the property or other prominent place on said property, clearly visible from the street, at each location where a garage sale is being conducted, and said display of such garage sale permit shall be throughout the entire period of such garage sale.

§ 277-4 Persons and sales exempted.

The provisions of this chapter shall not apply to or affect the following person or sales:
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 selling or advertising for sale an item or items of personal property which are specifically named or described in an advertisement and which separate items do not exceed five in number.
D. 
Any sale regulated under any other provision or provisions of the ordinances of the Village of New Haven.
E. 
Any bona fide charitable, educational, cultural, or governmental institution or organization; provided, however, that the burden of establishing the exemption under this subsection shall be upon the organization or institution claiming such exemption.

§ 277-5 Signs.

All signs permitted under this chapter advertising the holding of a garage sale must conform with the following requirements:
A. 
Signs shall not be larger than four square feet in area.
B. 
Only one sign advertising such garage sale may be located at the location and premises of said garage sale.
C. 
Two other signs advertising such garage sale may be placed within a radius of 1/2 mile of the garage sale during the period of the garage sale, as hereinafter limited.
D. 
No signs advertising a garage sale shall be placed in any manner on public property. Such signs may only be placed on private property with the consent of the property owner.
E. 
Under no circumstances shall any such sign be attached to any tree, traffic control device, street sign, or utility pole on any public right-of-way or land either by nail, screw, wire, cord or by any manner whatsoever.
F. 
No sign advertising a garage sale shall be erected or placed more than three days prior to the first date of the garage sale, and all such signs shall be removed by the person conducting said garage sale within 24 hours following the last date of the garage sale.

§ 277-6 Violations and penalties.

[Amended 1-13-2015 by Ord. No. 333]
Any person or persons violating any of the above provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 59, Municipal Civil Infractions, of the Code of the Village of New Haven.