[R.O. 1993 § 637.010; Ord. No.
2578 § 1, 8-9-2005]
As used in this Chapter, the following words or terms shall
have the meanings set forth below:
The sale of personal property, whether new, used or secondhand,
conducted wholly or partially inside or under the cover of a residential
dwelling or commercial building or other structure, including a rummage
sale or other similar sale, which is publicly announced or advertised
to the public by sign or other means.
Any corporation, partnership or other legal entity, and any
individual or members of a family or household who reside together
in the same dwelling.
The sale of personal property, whether new, used or secondhand,
conducted wholly or partially outside in a yard or vacant lot or other
open area, including a rummage sale, patio sale or other similar sale,
which is publicly announced or advertised to the public by sign or
other means.
[R.O. 1993 § 637.020; Ord. No.
2578 § 1, 8-9-2005]
No person shall advertise, conduct, carry on or permit any garage sale or yard sale within any dwelling or other building or structure or upon any yard, lot or grounds within the City without having been issued a permit for such garage sale or yard sale as set forth in this Chapter unless such person is exempt from the provisions of this Chapter as provided in Section 635.030 below.
[R.O. 1993 § 637.030; Ord. No.
2578 § 1, 8-9-2005]
The provisions of this Chapter shall not be applicable to any
sale conducted by a person holding a valid merchant's license or other
business license for the sale of goods upon the premises where such
sale is conducted, nor to any sale conducted by the personal representative
or conservator (or agent thereof) of an estate, nor to any sale conducted
pursuant to court order by a Sheriff, bankruptcy trustee or similar
government official.
[R.O. 1993 § 637.040; Ord. No.
2578 § 1, 8-9-2005]
A.
Individual
applicants must be eighteen (18) years of age or older and a resident
of the City. All permit applications shall be submitted, in writing,
to the Director of the Department of Public Safety (or if absent his/her
designee) on a form approved by the City and shall be signed by the
individual applicant or an authorized official of the corporation,
partnership or other legal entity. The application shall contain the
following information:
1.
The name and address of the applicant;
2.
The date or inclusive dates of the sale;
3.
The street address of the location where the sale will be conducted;
and
4.
The beginning and ending time of the sale each date which shall not
be earlier than 7:00 A.M. nor later than 8:00 P.M. No fee shall be
required for filing an application nor for the issuance of a permit
under this Chapter.
[R.O. 1993 § 637.050; Ord. No.
2578 § 1, 8-9-2005]
A.
The
Director of the Department of Public Safety (or, if absent, his/her
designee) may issue a permit to advertise for and conduct a garage
sale and/or yard sale to an applicant who satisfies all requirements
for the issuance of the permit. All permits shall contain the following
restrictions:
1.
Person Conducting Sale. The permit shall only authorize the applicant
to advertise and conduct the garage sale and/or yard sale. The applicant
must remain upon the premises at all times during the sale.
2.
Date, Time And Place. The permit is limited to the specific date(s)
[not to exceed two (2) consecutive days], street location and time
(which shall not be earlier than 7:00 A.M. nor later than 8:00 P.M.)
as set forth in the permit.
3.
Miscellaneous. Any other restrictions or conditions which the Director
of the Department of Public Safety may deem appropriate to protect
public health and safety (e.g., parking restrictions to avoid street
congestion, noise, etc.).
[R.O. 1993 § 637.060; Ord. No.
2578 § 1, 8-9-2005]
A.
No
garage sale or yard sale shall be held for more than two (2) consecutive
days in the same location by the same person, nor shall more than
two (2) permits for any garage sale and/or yard sale be issued to
any person within one (1) calendar year.
B.
Exception
For Sale Canceled Due To Inclement Weather. In the event a garage
sale and/or yard sale for which a permit has been issued is completely
canceled due to rain, snow or other inclement weather which prevents
the sale from being conducted for more than two (2) hours on the date(s)
specified in the permit, then the applicant may apply for the reissuance
of another permit to conduct such garage sale and/or yard sale on
a subsequent date(s) and such permit shall be construed as a replacement
permit for the original permit. However, a written application for
a replacement permit must be filed not later than two (2) days after
the date(s) of the original permit in order for the Director of Public
Safety to verify and note in the records the inclement weather that
caused the cancellation of the original sale, and no replacement permit
shall be issued unless the Director of Public Safety is satisfied
that inclement weather forced the complete cancellation of the original
sale and that it was impossible for the permit holder to conduct the
sale for not more than two (2) hours on the date(s) of the original
permit. A replacement permit shall be considered the same as the original
permit and shall not be considered as a second or additional permit
for purposes of counting the number of permits issued in a calendar
year to the applicant.
[R.O. 1993 § 637.070; Ord. No.
2578 § 1, 8-9-2005]
The Director of the Department of Public Safety (or, in his/her
absence, any Public Safety Officer) may summarily suspend or revoke
the permit of any person for filing an application containing false
or fraudulent information, for violation of the terms or restrictions
of the permit or violation of any other ordinance or order issued
by a Public Safety Officer to protect public health or safety or to
keep and preserve the peace.
[R.O. 1993 § 637.080; Ord. No.
2578 § 2, 8-9-2005]
Any person who violates the provisions of this Chapter, upon
conviction, shall be deemed guilty of an ordinance violation punishable
by a fine not less than one dollar ($1.00) nor more than five hundred
dollars ($500.00) or imprisonment not exceeding ninety (90) days,
or both such fine and imprisonment.
