Cross Reference — Zoning, ch. 405.
[CC 1979 §14-59; Ord. No. 81-024 §1, 12-21-1981]
A.
The Board
of Aldermen for the City of Manchester finds and declares that:
1.
The
intrusion of non-regulated garage sales is causing annoyance to citizens
in residential areas in the City of Manchester.
2.
The
provisions contained in this Chapter are intended to prohibit the
infringement of any businesses in any established residential areas
by regulating the term and frequency of garage sales so as not to
disturb or disrupt the residential environment of the area.
3.
The
provisions and prohibitions hereinafter contained are enacted not
to prevent but to regulate garage sales, for the safety and welfare
of the City's citizens.
[CC 1979 §14-60; Ord. No. 81-024 §1, 12-21-1981]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the singular number the plural
number. The word "shall" is always mandatory and
not merely directory.
Includes all general sales, open to the public, conducted
from or on a residential premises which is owned or occupied by the
person conducting the sale 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", "rummage" or "estate" sale. This definition shall not include
a situation where no more than five (5) 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/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.
[CC 1979 §14-61; Ord. No. 81-024 §1, 12-21-1981]
It shall be unlawful for any individual to sell or offer for
sale, under authority granted by this Chapter, property other than
personal property.
[CC 1979 §14-62; Ord. No. 81-024 §1, 12-21-1981; Ord. No. 95-846 §1, 12-18-1995]
No garage sale shall be conducted unless and until the individuals
desiring to conduct such sale shall obtain a permit therefor from
the City. Up to two (2) persons may be issued a single permit by the
City for the same location and date or dates of the sale provided
that, of such persons, at least one (1) shall own or occupy the premises
from which the personalty is to be sold. No permit shall be issued,
except for single family properties.
[CC 1979 §14-63; Ord. No. 81-024 §1, 12-21-1981]
A.
Prior
to issuance of any garage sale permit, the individuals conducting
such sale shall file a written statement with the City, at least five
(5) days in advance of the proposed sale (mailed applications must
be postmarked at least seven (7) days in advance of the sale), setting
forth the following information:
1.
Full
name and address of applicant;
2.
The
location at which the proposed garage sale is to be held;
3.
The
date or dates upon which the sale shall be held;
4.
The
date or dates of any other garage sales within the current calendar
year;
5.
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.
[CC 1979 §14-64; Ord. No. 81-024 §1, 12-21-1981]
There shall be no fee for the first (1st) and second (2nd) issuance
of such permits. Thereafter, there shall be a fee of fifty dollars
($50.00) for the third (3rd) issuance of said permit.
[CC 1979 §14-65; Ord. No. 81-024 §1, 12-21-1981]
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) residence and/or household during any calendar year.
[CC 1979 §14-66; Ord. No. 81-024 §1, 12-21-1981]
Such garage sales shall be limited in time to no more than the
daylight hours of three (3) consecutive days or two (2) consecutive
weekend days (Saturday and Sunday) or a combination thereof but not
exceeding three (3) days in the aggregate.
[CC 1979 §14-67; Ord. No. 81-024 §1, 12-21-1981]
If a garage sale is not held on the dates for which the permit
is issued or is terminated during the first (1st) day of the sale
because of inclement weather conditions, and a signed statement by
the permit holder to this effect is submitted, the City 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 (1st) sale was to be held. No additional permit fee is required.
[CC 1979 §14-68; Ord. No. 81-024 §1, 12-21-1981]
Before issuing a permit, the City may conduct an investigation
as may reasonably be necessary to determine if there is compliance
with this Chapter.
[CC 1979 §14-69; Ord. No. 81-024 §1, 12-21-1981]
Personal property offered for sale may be displayed within the
residence, in a garage, carport and/or in a rear yard, but only in
such areas. No personal property offered for sale at a garage sale
shall be displayed in the front or side yard areas of any such premises
or in any public right-of-way. However, a vehicle offered for sale
may be displayed on a permanently constructed driveway within such
front or side yards.
[CC 1979 §14-70; Ord. No. 81-024 §1, 12-21-1981; Ord. No. 95-846 §2, 12-18-1995]
A.
Signs Permitted. Only the following specified signs may
be displayed in relation to a pending 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 that the premises upon which
the garage sale is conducted is not on or adjacent to a roadway which
is part of the State of Missouri or St. Louis County road system,
in which event no such directional signs may be permitted, and further
provided that written permission to erect said signs is received from
the property owner(s) upon whose property such signs are to be placed.
B.
Time Limitations. No sign or other form of advertisement
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.
D.
Except as may be specifically provided for herein to the contrary, the terms and provisions of Section 405.320(N) of the zoning ordinance of the City of Manchester shall govern advertising signs employed for garage sales in the City.
[CC 1979 §14-71; Ord. No. 81-024 §1, 12-21-1981]
The individual to whom such permit is issued and the owner or
tenant of the premises on 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 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 Department of the City in order to maintain the public
health, safety and welfare.
[CC 1979 §14-72; Ord. No. 81-024 §1, 12-21-1981]
A Police Officer or any other official designated by any City
ordinance to make inspections under the 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 arrest any
individual who violates the provisions of this Chapter.
[CC 1979 §14-73; Ord. No. 81-024 §1, 12-21-1981]
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.
[CC 1979 §14-74; Ord. No. 81-024 §1, 12-21-1981]
A.
False Information. Any permit issued under this Chapter
may be revoked or any application for issuance of a permit may be
refused by the City if the application submitted by the applicant
or permit holder contains any false, fraudulent or misleading statement.
B.
Conviction Of Violation. If any individual is convicted
of an offense under this Article, the City is instructed to cancel
any existing garage sale permit held by the individual convicted and
not to issue such individual any other garage sale permit for the
premises owned or occupied by the said convicted individual for a
period of one (1) year from the date of said conviction that the said
individual owns or occupies the premises.
[CC 1979 §14-75; Ord. No. 81-024 §1, 12-21-1981]
A.
The provisions
of this Chapter 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 and 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 and which sale would be conducted
from properly zoned premises and not otherwise prohibited in other
ordinances; or
4.
Any
bona fide charitable, eleemosynary, educational, cultural or governmental
institution or organization when the proceeds from the sale are used
directly for the institution or organization's charitable purposes
and the goods or articles are not sold on a consignment basis.
