[R.O. 2008 §607.010; Ord. No. 388 §1, 7-11-1988]
For the purpose of this Chapter, the following terms shall have the meaning given therewith:
- PERSONAL PROPERTY
- Property which is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in, or maintaining a residence, but not including motor vehicles. It does not include merchandise which was purchased for resale or obtained on consignment.
- PUBLIC SALE
- Includes all general sales, open to the public, conducted from or on a residential premise in any residential zone, as defined by the Zoning Code, for the purpose of disposing of personal property, including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," or "rummage sale." This definition shall not include a situation where no more than five (5) specific items are being held out for sale.
[R.O. 2008 §607.020; Ord. No. 388 §2, 7-11-1988]
No public sale shall be conducted unless and until the individuals desiring to conduct such sale shall obtain a permit therefor from the Police Department of this City, without cost. Members of more than one (1) residence may join in obtaining a permit for a public sale to be conducted at the residence of one (1) of them.
[R.O. 2008 §607.030; Ord. No. 388 §3, 7-11-1988]
Prior to the issuance of any public sale permit, the individuals conducting such sale shall file a written statement with the Police Department setting forth the following information:
Full name and address of applicant, or applicants if multiple residence.
The location at which the proposed public sale is to be held.
The date, or dates, upon which the sale shall be held.
The date or dates of any other public sales within the current calendar year.
An affirmative statement that the property to be sold was owned by the applicant as his/her own personal property and was neither acquired nor consigned for the purposes of resale.
[R.O. 2008 §607.040; Ord. No. 388 §4, 7-11-1988]
The permit shall set forth and restrict the time and location of such public sale. No more than three (3) such permits may be issued to one (1) residence and/or family household during any calendar year. If members of more than one (1) residence join in requesting the permit, then such permit shall be considered as having been issued for each and all residences.
[R.O. 2008 §607.050; Ord. No. 388 §5, 7-11-1988]
Such public sales shall be limited in time to no more than the daylight hours of two (2) consecutive days' duration.
[R.O. 2008 §607.060; Ord. No. 388 §6, 7-11-1988]
Under extenuating circumstances as described below, the following exceptions to the above regulations shall be allowed:
A Sale Not Held Because Of Inclement Weather. If a public sale is not held on the day for which the permit is issued or is terminated during the first day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the Police Department may issue another permit to the applicant for a public sale to be conducted at the same location within thirty (30) days from the date when the first sale was to be held.
Fourth Sale Permitted. A fourth public 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 Police Department.
[R.O. 2008 §607.070; Ord. No. 388 §7, 7-11-1988]
Before issuing a permit, the Police Department may conduct an investigation as may be reasonably necessary to substantiate compliance with the provisions of this Chapter.
[R.O. 2008 §607.080; Ord. No. 388 §8, 7-11-1988]
Personal property offered for sale may be displayed within the residence, in a garage, carport, and/or yard, but only such areas. No personal property offered for sale at a public sale shall be displayed in any public street or right-of-way.
[R.O. 2008 §607.090; Ord. No. 388 §9, 7-11-1988]
Any permit in possession of the holder or holders of a public sale shall be posted on the premises in a conspicuous place visible to the public.
[R.O. 2008 §607.100; Ord. No. 388 §10, 7-11-1988]
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 public sale is being conducted. Such signs shall be erected not sooner than one (1) day prior to the date of the sale, and shall be removed at the end of the last day upon which the sale is held. No signs shall be erected, placed, posted or otherwise displayed on any public property, including street signs and posts, traffic signs and posts, or upon public utility poles.
[R.O. 2008 §607.110; Ord. No. 388 §11, 7-11-1988]
The individual to whom such permit is issued and the owner or tenant of the premises upon 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 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 or Fire Department of this City in order to maintain the public health, safety, and welfare.
[R.O. 2008 §607.120; Ord. No. 388 §12, 7-11-1988]
A Police Officer or any other official designated by any 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 public 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.
[R.O. 2008 §607.130; Ord. No. 388 §13, 7-11-1988]
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 public sale.
[R.O. 2008 §607.140; Ord. No. 388 §14, 7-11-1988]
The following are grounds for which permits shall not be issued or be revoked.
False Information. Any permit issued under this Chapter may be revoked or any application for issuance of a permit may be refused by the Police Department if the application submitted by the applicant or permit holder contains any false, fraudulent, or misleading information.
Conviction Of Violation. If any individual is convicted of an offense under this Chapter, the Police Department is instructed to cancel any existing public sale permit held by the individual convicted and not to issue such individual another public sale permit for a period of two (2) years from the time of conviction.
[R.O. 2008 §607.150; Ord. No. 388 §15, 7-11-1988]
The provisions of this Chapter relating to permit acquisition shall not apply to or affect the following:
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
Persons acting in accordance with their powers and duties as public officials.
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 this City or under the protection of the nonconforming use Section thereof, or any other sale conducted by manufacturer, dealer, or vendor and which sale would be conducted from properly zoned premises and not otherwise prohibited in other ordinances.
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.
[R.O. 2008 §607.160; Ord. No. 388 §16, 7-11-1988]
Any person convicted of a violation of this Chapter shall be deemed guilty of an ordinance violation and punished in accordance with Section 100.220.