[R.O. 2016 § 235.010; Ord. No.
507 § 1, 10-5-2016]
A.
The Board of Aldermen of the City finds and declares that unregulated
garage sales are causing traffic congestion and causing dangerous
conditions for citizens in residential areas and on the streets of
Twin Oaks.
B.
The provisions contained in this Chapter are intended to:
C.
The provisions and prohibitions hereinafter contained are enacted
not to prevent but to regulate garage sales for the safety and welfare
of the citizens of Twin Oaks.
[R.O. 2016 § 235.020; Ord. No.
507 § 1, 10-5-2016]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
The City Clerk or anyone designated by him or her to act
in his or her place.
Includes all general sales, open to the public, conducted
from or on a residential premises or in any residential zoning district,
for the purpose of disposing of personal property or other property,
including but not limited to all sales entitled "garage," "lawn,"
"yard," "attic," "porch," "room," "backyard," "patio," "flea market"
or "rummage sale." This definition shall not include a situation where
no more than five (5) specific items are held out for sale and where
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 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.
A lot on which a building is located which has a certificate
of occupancy for a residential occupancy classification only as the
same is defined by the applicable building code, or any vacant lot
which abuts a residential premises.
[R.O. 2016 § 235.030; Ord. No.
507 § 1, 10-5-2016]
It shall be unlawful for any individual to sell or offer for
sale, under authority granted by this Chapter, property other than
personal property.
[R.O. 2016 § 235.040; Ord. No.
507 § 1, 10-5-2016]
A.
No garage sale shall be conducted unless and until the individuals
desiring to conduct such sale shall register their garage sale with
the City Clerk at least five (5) days prior to the date of the proposed
garage sale. Members of more than one (1) residence may join under
a single registration in a garage sale to be conducted at the residence
of one (1) of them.
B.
When registering for the proposed garage sale, the individuals conducting
such sale shall file a written application on a form provided by the
City Clerk setting forth the following information:
1.
The full name and address of applicant(s);
2.
The location at which the proposed garage sale is to be held;
3.
The date upon which the sale shall be held;
4.
An affirmative statement that the property to be sold was owned
by the applicant as his or her own personal property and was neither
acquired or consigned for the purposes of resale; and
5.
A verification that the applicant understands that certain private
covenants and restrictions governing the real property where the applicant
proposes to hold a garage sale may prohibit such activity.
[R.O. 2016 § 235.050; Ord. No.
507 § 1, 10-5-2016]
There shall be no fee for a timely registration. However, a
late fee of ten dollars ($10.00) may be charged to the applicant if
the applicant fails to register in a timely manner [i.e., less than
five (5) days prior to the garage sale but prior to the date of the
garage sale]. Anyone who fails to register a garage sale prior to
the date of the garage sale shall be subject to a fee of twenty-five
dollars ($25.00).
[R.O. 2016 § 235.060; Ord. No.
507 § 1, 10-5-2016]
At the time of registration, the City may impose any reasonable
conditions on parking or traffic control that may be necessitated
by such garage sale.
[R.O. 2016 § 235.070; Ord. No.
507 § 1, 10-5-2016]
All parking of vehicles shall be conducted in compliance with
all applicable laws and ordinances. Further, the City and its Police
Department may enforce such temporary controls to alleviate any special
hazards and/or congestion created by any garage sale, including installation
of temporary "no parking" signs or other traffic control devices.
[R.O. 2016 § 235.080; Ord. No.
507 § 1, 10-5-2016]
Such garage sales shall not begin before 7:00 A.M. on weekends
and 8:00 A.M. on weekdays, and shall conclude on all days prior to
dusk.
[R.O. 2016 § 235.090; Ord. No.
507 § 1, 10-5-2016]
Personal property offered for sale may be displayed within the
residence, in a garage, in a carport or in a yard, but only in such
areas. No personal property offered for sale at a garage sale shall
be displayed in any public right-of-way.
[R.O. 2016 § 235.100; Ord. No.
507 § 1, 10-5-2016]
A.
Temporary Signs Permitted. In addition to temporary signs permitted
by the sign code, two (2) additional signs of not more than four (4)
square feet each are permitted to be displayed on the property of
the residence where and during the time the garage sale is being conducted.
B.
Removal Of Signs. The additional temporary signs must be removed
each day at the close of the garage sale activities or at dusk, whichever
first occurs.
[R.O. 2016 § 235.110; Ord. No.
507 § 1, 10-5-2016]
The individual registering the garage sale and/or the owner
or tenant of the premises on which such sale 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 individual shall permit any loud or 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 member of the Police or Fire
Departments serving Twin Oaks in order to maintain the public health,
safety and welfare.
[R.O. 2016 § 235.120; Ord. No.
507 § 1, 10-5-2016]
Any person violating any of the provisions of this Chapter shall be deemed guilty of an ordinance violation and subject to penalty according to the General Penalty provisions set forth in Section 100.220 of this Municipal Code of Twin Oaks.
