[CC 1988 §13.100]
As used in this Chapter, the following terms shall have the
following definitions:
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.
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; Ord. No. 11-2018, 5-8-2018]
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 five dollars ($5.00) 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]
A.Â
The
provisions of this Chapter shall not apply to or affect the following:
1.Â
Auction sales;
2.Â
Sale of goods pursuant to an order or process of a court of competent
jurisdiction;
3.Â
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.
4.Â
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.
