[R.O. 2011 § 640.020; R.O. 2009
§ 119.30; CC 1981 § 16-401; Ord.
No. 87-136, 6-19-1987]
For the purpose of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
All general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by Chapter 400 of this Code of Ordinances, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "back yard," "patio," "flea market" or "rummage" sale. This definition shall not include situations where no more than five (5) specific items are held out for sale and all advertisements of such sale specifically name those items to be sold.
Property which is owned, utilized and maintained by an 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.
[R.O. 2011 § 640.030; R.O. 2009
§ 119.31; CC 1981 § 16-402; Ord.
No. 87-136, 6-19-1987]
It shall be unlawful for any individual
to sell or offer for sale, under authority granted by this Article,
property other than personal property.
[R.O. 2011 § 640.040; R.O. 2009
§ 119.32; CC 1981 § 16-403; Ord.
No. 87-136, 6-19-1987]
No more than four (4) garage sales
may be held at any one (1) residence during any calendar year.
[R.O. 2011 § 640.050; R.O. 2009
§ 119.33; CC 1981 § 16-404; Ord.
No. 87-136, 6-19-1987]
Each garage sale shall be limited
to no more than the daylight hours of three (3) consecutive days or
two (2) consecutive weekends (Saturday and Sunday).
[R.O. 2011 § 640.060; R.O. 2009
§ 119.34; CC 1981 § 16-405; Ord.
No. 87-136, 6-19-1987]
A.
Signs Permitted. Only the following specified
signs may be displayed in relation to a garage sale:
1.
Two (2) Signs Permitted. Two (2)
signs of not more than four (4) square feet shall be permitted to
be displayed on the property of the residence where the garage sale
is being conducted.
2.
Directional Signs. Two (2) signs
of not more than two (2) square feet each are permitted, provided
permission to erect such signs is received from the property owners
upon whose property such signs are to be placed.
B.
Time Limitation. No sign shall be exhibited
for more than two (2) days prior to the day such sale is to commence.
C.
Removal Of Signs. Signs must be removed
each day at the close of the garage sale activities or by the end
of daylight, whichever first occurs.
[R.O. 2011 § 640.070; R.O. 2009
§ 119.35; CC 1981 § 16-406; Ord.
No. 87-136, 6-19-1987]
The display of more than five (5)
items for sale upon any residential premises in any residential zone
or the advertising of such sale upon the premises or in other locations
within the City shall create a rebuttable presumption that such person
is conducting a garage sale.
[R.O. 2011 § 640.080; R.O. 2009
§ 119.36; CC 1981 § 16-407; Ord.
No. 87-136, 6-19-1987]
A.
The provisions of this Article shall not
apply to or affect the following:
1.
Persons selling goods pursuant to
an order or process of a court of competent jurisdiction.
2.
Persons acting in accordance with
their powers or duties as public officials.
3.
Any sale conducted by any merchant
or mercantile or other business establishment from or at a place of
business wherein such sale would be permitted by the zoning regulations
of the City or under the protection of the non-conforming use section
thereof or any other sale conducted by a manufacturer, dealer or vendor
wherein such sale would be conducted from properly zoned premises
and not otherwise prohibited in other ordinances.
4.
Any bona fide charitable, eleemosynary,
educational, cultural or governmental institution or organization
when the proceeds for the sale are used directly for the institution
or organization's charitable purpose and the goods or articles are
not sold on a consignment basis.
