[CC 1961 §19.1; Ord. No. 2025 §1, 7-1-1974]
For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
- GARAGE SALE, LAWN SALE, ATTIC SALE, RUMMAGE SALE, or FLEA MARKET SALE
- Shall include all sales or any similar sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale.
- Any goods, warehouse merchandise or other property capable of being the object of a sale regulated hereunder.
- Individuals, partnerships, voluntary associations, and corporations.
[CC 1961 §19.2; Ord. No. 2025 §1, 7-1-1974; Ord. No. 3335 §1, 6-19-1995]
It shall be unlawful for any person to conduct a garage sale in the City of Berkeley, Missouri, without first filing with the Director of Finance the information hereinafter specified, and obtaining from such Director of Finance a permit to be known as a "Garage Sale Permit". No fee shall be charged for the issuance of said permit.
Such permit shall be issued to any one (1) person on the same premises twice within a twelve (12) month period, and no such license shall be issued for more than four (4) consecutive calendar days. The sale shall be restricted to between the hours of 7:00 A.M. and 7:00 P.M. More than two (2) permits may be granted during a twelve (12) month period with the approval of the City Council. Extensions may be granted by the Director of Finance in cases of inclement weather or for other legitimate delays.
Each permit issued under this Chapter must be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
[CC 1961 §19.3; Ord. No. 2025 §1, 7-1-1974]
This information to be filed with the Director of Finance pursuant to this Chapter, shall be as follows:
Name of person, firm, group, corporation, association, or organization conducting said sale.
Name of owner of the property on which said sale is to be conducted and consent of owner, if applicant is other than owner or lessee.
Location at which sale is to be conducted.
Number of days of sale.
Date, nature of any past sale.
Relationship or connection applicant may have had with any other person, firm, group, organization, association, or corporation conducting said sale and the date or dates of such sale.
Whether or not applicant has been issued any other vendor's license by any local, State or Federal agency.
Sworn statement or affirmation by the person signing that the information therein given is full and true and known to him/her to be so.
Statement that all property to be sold is the personal property of the applicant(s) and same has not been acquired or consigned to the said applicant for purposes of resale.
[CC 1961 §19.4; Ord. No. 2025 §1, 7-1-1974; Ord. No. 3335 §1, 6-19-1995]
All persons are prohibited from making, causing to be made, or erecting signs pertaining to the sale, with the following exceptions: one (1) double-faced sign, not exceeding six (6) square feet in area, and said sign may be permitted on the said property two (2) days before the sale, and on the sale days only; and one (1) sign may be permitted at the entrance to the street wherein the sale is to be held. Said signs must be removed at the close of the sale.
[CC 1961 §19.5; Ord. No. 2025 §1, 7-1-1974]
The provisions of this Chapter shall not apply to or affect the following persons or sales:
Persons selling goods pursuant to an order of process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five (5) in number.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive or misleading character or without knowledge that the provisions of this Chapter have not been complied with.
Any sale conducted by any merchant or mercantile or other business wherein such sale would be permitted by the zoning regulations of the City of Berkeley 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 the revised ordinances.
[CC 1961 §19.6; Ord. No. 2025 §1, 7-1-1974]
This Chapter shall be enforced by the Director of Public Works who shall investigate any violations of this chapter coming to his/her attention, whether by complaint or arising from his/her own personal knowledge, and if a violation is found to exist, he/she shall prosecute a complaint before the Municipal Court pursuant to the provisions of this Chapter. It shall be the duty of the Police Department of the City of Berkeley to bring to the attention of the Director of Public Works for further investigation any violations of this Chapter which the Police Department becomes aware during the course of its normal duties.
The person to whom such license is issued and the resident owner of, or the 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 person shall permit any loud or boisterous conduct on said premises. All such persons shall obey the reasonable orders of any member of the Police or Fire Departments and Director of Pubic Works of the City of Berkeley, Missouri, in order to maintain the public health, safety and welfare.
[CC 1961 §19.7; Ord. No. 2025 §1, 7-1-1974]
Any person, association or corporation conducting any such sale or similar activity without being properly licensed therefore, or who shall violate any of the other terms and regulations of this Chapter, shall upon conviction, be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Each day that such violation occurs shall be considered a separate offense.