[CC 1988 §13.100]
As used in this Chapter, the following terms shall have the following definitions:
- GARAGE SALE
- A sale of goods for profit offered to the public conducted at any location zoned "R-1", "R-2", "R-3".
- Any goods, wares, merchandise, articles or other personal property capable of being the object of a sale regulated hereunder.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PERSONAL PROPERTY
- 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 1988 §13.110]
It shall be unlawful for any person to sell or offer for sale, under authority granted by this Chapter, property other than personal property.
[CC 1988 §13.120]
It shall be unlawful to conduct a garage sale lasting longer than three (3) days' duration. The City Clerk may extend permits in case of inclement weather.
[CC 1988 §13.130]
It shall be unlawful to conduct a garage sale before 7:00 A.M. or after 7:00 P.M.
[CC 1988 §13.140; Ord. No. 1647 §1(13.140), 10-22-1996; Ord. No. 1937 §1, 3-23-2004]
Any person conducting a garage sale shall be required to first obtain a permit therefor from the City. Applications for such permit shall be made to the City Collector in such form as may from time to time be required by the City. A fee of two dollars ($2.00) shall be required for every permit issued. The permits issued shall be displayed in public view during the duration of the garage sale. The City Clerk shall maintain a record of all permits issued and each permit shall have recorded on the face thereof the name of the person or organization to whom issued and location at which said sale shall be held. No person shall be entitled to more than three (3) permits in any calendar year and not more than three (3) permits shall be issued for any specific location in any calendar year. The restriction of not more than three (3) permits at any specific location shall not apply to locations which have more than fifteen (15) unrelated individuals living in separate quarters but sharing common spaces and utilizing a common address, such as adult care facilities.
[CC 1988 §13.150]
It shall be unlawful for any person to erect, place, post or mark any sign advertising a garage sale on any public property, including street signs and posts, traffic signs and posts or on any public utility pole. Advertisement may be placed on any private property so long as the consent of the property owner has first been obtained. No signs shall exceed one (1) square foot in size. Such advertisement signs shall not be displayed more than twenty-four (24) hours prior to the start of the garage sale. All such signs shall be removed on the final day of the garage sale.
[CC 1988 §13.160]
It shall be unlawful for any person to display goods on public property.
[CC 1988 §13.170]
It shall be the responsibility of the permit recipient to see that order is maintained at the sale, that traffic is not impeded because of improper customer parking and to obey the orders of any Police or Fire Department official. Failure to comply with the terms of this Chapter shall result in a revocation of the permit by the Police Chief or his/her duly authorized representatives.
[CC 1988 §13.180]
The provisions of this Chapter shall not apply to or affect the following:
Sale of goods pursuant to an order or process of a court of competent jurisdiction;
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.
Garage sales where four (4) or fewer items are available for sale and where the items are specifically advertised.
[CC 1988 §13.190]
A fourth (4th) garage sale shall be permitted in a calendar year if satisfactory proof of a bona fide change in ownership of the real property is first presented to the City Clerk or his/her duly authorized representatives.
[CC 1988 §13.200]
A Police Officer 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 sale or arrest any individual who violates the provisions of this Chapter.
[CC 1988 §13.210]
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and fined in an amount not less than ten dollars ($10.00) or greater than one hundred dollars ($100.00) for the first (1st) offense, not less than twenty-five dollars ($25.00) or greater than two hundred fifty dollars ($250.00) for the second (2nd) offense, not less than fifty dollars ($50.00) or greater than five hundred dollars ($500.00) for the third (3rd) offense. Each day during which any violation of this Chapter continues or exists shall be deemed a separate violation.