[HISTORY: Adopted by the City Council of the City of Mendota
by Ord. No. 10-04-10. Amendments noted where applicable.]
For the purpose of this chapter, the following definitions apply
unless the context clearly indicates or requires a separate meaning:
All general sales open to the public conducted from a residential
premises for the purpose of disposing of personal property, including,
but not limited to, all sales entitled "garage," "lawn," "yard," "attic,"
"porch," "room," "backyard," "patio," "flea market" or "rummage" sales.
This definition shall not include a situation where no more than five
specific items are held out for sale and all advertisement of such
sale specifically names those items to be sold.
Property which is owned, utilized and maintained by an individual
or members of his 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.
No person shall engage in or conduct a garage sale as defined
in this chapter from any residence, structure or lot in the City without
first obtaining a permit for such from the City Clerk of the City
of Mendota during normal business hours. Application for a garage
sale permit shall be made on a form provided. There shall be no fee
charged for each garage sale permit. The permit authorizing the garage
sale shall be posted in the front yard of the residence holding the
sale while the sale is in process so as to be seen by the public.
A permit may be issued only to the owner or lessee of the premises
where such garage sale is to take place. Permits issued hereunder
shall be nontransferable.
It shall be unlawful for any individual to sell or offer for
sale property other than personal property. However, members of more
than one residence may join in a garage sale to be conducted at the
residence of one of them.
No more than three garage sales may be conducted by members
of one residence and/or family household during any calendar year.
Garage sales shall be conducted only from the hours of 8:00
a.m. to 8:00 p.m. and are limited to no more than three consecutive
days.
Personal property offered for sale may be displayed within the
residence, in a garage, driveway, carport and/or a front or rear yard.
No personal property offered for a sale at a garage sale shall be
displayed in the side yard areas of any such premises or in any public
right-of-way. All goods or items for sale shall be brought inside
after each day of sale.
One sign advertising a garage sale may be displayed on the property
of the residence where the garage sale is being conducted during the
time the sale is in progress, and may not exceed four square feet
(two feet by two feet) of surface area. If the residence is on a corner
lot, two signs may be permitted (one on each street). Not more than
two signs advertising a garage sale may also be placed in the public
right-of-way, so long as the size, number and location of such signs
does not present a potential danger to drivers, pedestrians or other
residents by impeding the line of sight for vehicular or pedestrian
traffic. Signs must identify the address of the sale location and
the date on which it will be held in letters and numbers at least
1 1/2 inches high. All signs on the property of the garage sale
permit holder and in the public right-of-way must be removed by sunset
at the conclusion of the garage sale. Failure to remove all signs
advertising a garage sale within said time of the conclusion of the
garage sale shall be a violation of this section and subject the garage
sale permit holder to fines as set forth in this chapter.
