[R.O. 2012 §650.010; Ord. No. 94-8-7(2) §1, 9-6-1994]
For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein:
- GARAGE SALE
- Shall mean and include all general sales, open to the public, conducted from or on a residential premise in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage", "lawn", "yard", "attic", "porch", "room", "backyard", "patio", "crafts", "flea market", "rummage" or "moving" sale.
- Any person, firm, partnership, association, organization or corporation of any kind.
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained by any individual or members of his/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.
- RESIDENTIAL PREMISE
- A building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family and multiple dwellings.
[R.O. 2012 §650.020; Ord. No. 94-8-7(2) §2, 9-6-1994]
No garage sale shall be conducted unless and until the person desiring to conduct such sale shall obtain a permit thereof from the Community Development Department. Members of more than one (1) residence may join in obtaining a permit for a garage sale to be conducted at the residence of one of them; however, individuals of more than one (1) residence joining together to conduct concurrent garage sales must obtain a garage sale permit for each residence. Said permit shall be provided at no fee.
[R.O. 2012 §650.030; Ord. No. 94-8-7(2) §3, 9-6-1994]
Prior to the issuance of any garage sale permit, the person conducting such sale shall file a written application which may be obtained from the Department of Community Development during regular business hours. Persons may request the Community Development Department to mail application forms. The written application shall set forth the following information:
Full name and address of each applicant, or applicants if multiple residence.
The location at which the proposed garage sale is to be held.
The date, or dates upon which the sale shall be held.
The date or dates of any other garage sales within the current calendar year.
An affirmative statement that the property to be sold was owned by the applicant as his/her own personal property and was neither acquired or consigned for the purposes of resale.
An affirmative statement that the applicant agrees to abide by all Excelsior Springs City ordinances in conjunction with the operation of the garage sale.
[R.O. 2012 §650.040; Ord. No. 94-8-7(2) §4, 9-6-1994]
The permit shall set forth and restrict the time and location of such garage sale. No more than three (3) such permits may be issued to one (1) residential premise during any calendar year. The applicant agrees to abide by all Excelsior Springs City ordinances in conjunction with the operation of the garage sale.
[R.O. 2012 §650.050; Ord. No. 94-8-7(2) §5, 9-6-1994]
Each garage sale shall be limited to no more than the daylight hours of three (3) consecutive days.
[R.O. 2012 §650.060; Ord. No. 94-8-7(2) §6, 9-6-1994]
A Sale Not Held Because of Inclement Weather. If a garage sale is not held on the day for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the Department of Community Development may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held.
Fourth Sale Permitted. A fourth (4th) garage sale shall be permitted in a calendar year if satisfactory proof of a bonafide change in ownership of the real property is first presented to the Department of Community Development.
[R.O. 2012 §650.070; Ord. No. 94-8-7(2) §7, 9-6-1994]
The Department of Community Development may conduct an investigation as may reasonably be necessary to determine if there is compliance with this Chapter.
[R.O. 2012 §650.080; Ord. No. 94-8-7(2) §8, 9-6-1994]
Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or yard, but only such areas. No personal property offered for sale at a garage sale shall be displayed in any public street or right-of-way.
[R.O. 2012 §650.090; Ord. No. 94-8-7(2) §9, 9-6-1994]
Any permit in possession of the holder of a garage sale shall be posted on the premises during the time the sale is conducted in a conspicuous place visible to the public.
[R.O. 2012 §650.100; Ord. No. 94-8-7(2) §10, 9-6-1994]
It shall be unlawful for any person to sell goods at a garage sale that have been purchased for resale; or to sell goods accepted or taken in for sale from any commercial business or enterprise on a consignment basis, or to sell goods not accumulated in ordinary dwelling usage.
[R.O. 2012 §650.110; Ord. No. 94-8-(7) §11, 9-6-1994]
Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale:
On-site signs permitted. Two (2) signs of not more than four (4) square feet each shall be permitted to be displayed on the property of the residence where the garage sale is being conducted.
Off-site signs permitted. Two (2) signs of not more than four (4) square feet each are permitted provided that permission to erect such signs is received from the property owners upon whose property such signs are to be placed. Signs may be erected in the right-of-way providing that the sign is placed seven (7) feet from the curb or edge of the street pavement and the height of the sign does not impede traffic visibility.
Institutional, organizational on-site signs permitted. One (1) sign of not more than four (4) feet by eight (8) feet or a cumulative total of sixty-four (64) square feet shall be permitted to be displayed on the property of the organization where the garage sale is being conducted.
Prohibited signs. NO signs shall be erected, placed, posted or otherwise displayed on any public property, including street signs and posts, traffic signs and posts, or upon public utility pole or street light standard.
Time limitations. Such signs shall not be erected sooner than twenty-four (24) hours prior to the time and date of the sale. Signs must be removed at the close of the garage sale activities.
Removal of signs. The person responsible for conducting such garage sale shall be responsible for removing any such sign.
[R.O. 2012 §650.120; Ord. No. 94-8-7(2) §12, 9-6-1994]
The person to whom such permit is issued and the owner or tenant of the premises upon which such sale or activity is conducted shall be jointly and severally responsible for the maintenance of good order and decorum on the premises during all hours of such sale or activity. No such person shall permit any loud boisterous conduct on said premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of such premises. All such individuals shall obey the reasonable orders of any City employee designated by the City Manager of the City of Excelsior Springs in order to maintain the public health, safety and welfare.
[R.O. 2012 §650.130; Ord. No. 94-8-7(2) §13, 9-6-1994]
A Police Officer, Code Enforcement Officer or any other Official designated by any City ordinance to make inspections pursuant to a licensing or regulating ordinance or to enforce the same, shall have the right of entry to any premises showing evidence of a garage sale for the purpose of enforcement or inspection and may close the premises from such a sale or City any individual who violates the provisions of this Chapter.
[R.O. 2012 §650.140; Ord. No. 94-8-7(2) §14, 9-6-1994]
All parking of vehicles shall be conducted in compliance with all applicable laws and ordinances. Further, the Police Department may enforce such temporary controls to alleviate any special hazards and/or congestion created by any garage sale.
[R.O. 2012 §650.150; Ord. No. 94-8-7(2) §15, 9-6-1994]
False Information. Any permit issued under this Chapter may be revoked or any application for issuance of a permit may be refused by the Community Development Department if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
Conviction of Violation. If any person is convicted of an offense under this Chapter, the Department of Community Development is instructed to cancel any existing garage sale permit held by the person convicted and not to issue such person another garage sale permit for a period of one (1) year from the time of conviction.
[R.O. 2012 §650.160; Ord. No. 94-8-7(2) §16, 9-6-1994]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be punished by a fine not exceeding five hundred dollars ($500.00), or be punished by incarceration for a period not to exceed ninety (90) days, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Chapter shall constitute a separate and distinct offense.