[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:
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.
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]
A.
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:
1.
Full name and address of applicant, or applicants if multiple
residence.
2.
The location at which the proposed public sale is to be held.
3.
The date, or dates, upon which the sale shall be held.
4.
The date or dates of any other public sales within the current
calendar year.
5.
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]
A.
Under extenuating circumstances as described below, the following
exceptions to the above regulations shall be allowed:
1.
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.
2.
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]
A.
The following are grounds for which permits shall not be issued or
be revoked.
1.
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.
2.
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]
A.
The provisions of this Chapter relating to permit acquisition shall
not apply to or affect the following:
1.
Persons selling goods pursuant to an order or process of a court
of competent jurisdiction.
2.
Persons acting in accordance with their powers and duties as
public officials.
3.
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.
4.
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.
