[R.O. 2006 §610.010; CC 1986 §53.010]
For the purposes of this Chapter, the following terms shall have these prescribed meanings:
GARAGE SALES
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 held out for sale.
PERSONAL PROPERTY
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, but not including motor vehicles. It does not include merchandise which was purchased for resale or obtained on consignment.
[R.O. 2006 §610.020; CC 1986 §53.020]
No garage sale shall be conducted unless and until the individuals desiring to conduct such sales shall obtain a permit therefor from the City Clerk. Members of more than one (1) residence may join in obtaining a permit for a garage sale to be conducted at the residence of one (1) of them.
[R.O. 2006 §610.030; CC 1986 §53.030]
A. 
Prior to the issuance of any garage sale permit, the individuals conducting such sale shall file a written statement with the City Clerk setting forth the following information:
1. 
Full name and address of applicant, or applicants if multiple residence.
2. 
The location at which the proposed garage 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 garage 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 or consigned for the purposes of resale.
[R.O. 2006 §610.040; CC 1986 §53.040; Ord. No. 1290, 1-14-2002]
There shall be an administrative processing fee of two dollars ($2.00) for the issuance of such permit.
[R.O. 2006 §610.050; CC 1986 §53.050]
The permit shall set forth and restrict the time and location of such garage sale. No more than two (2) 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. 2006 §610.060; CC 1986 §53.060]
Such garage sales shall be limited in time to no more than the daylight hours of three (3) consecutive days duration.
[R.O. 2006 §610.070; CC 1986 §53.070]
A. 
A Sale Not Held Because Of Inclement Weather. If a garage sale is not held on the day for which the permit is issued or is terminated during the first (1st) day of the sale because of inclement weather conditions, and an affidavit by the permit holder to this effect is submitted, the City Clerk may issue another permit to the applicant for a garage sale to be conducted at the same location within thirty (30) days from the date when the first (1st) sale was to be held. No additional permit fee is required.
B. 
Third Sale Permitted. A third (3rd) 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.
[R.O. 2006 §610.080; CC 1986 §53.080]
Before issuing a permit, the City Clerk may conduct an investigation as may reasonably be necessary to determine if there is compliance with this Chapter.
[R.O. 2006 §610.090; CC 1986 §53.090]
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 garage sale shall be displayed in any public street or right-of-way.
[R.O. 2006 §610.100; CC 1986 §53.100]
Any permit in possession of the holder or holders of a garage sale shall be posted on the premises in a conspicuous place visible to the public.
[R.O. 2006 §610.110; CC 1986 §53.110; Ord. No. 1317 §§1 — 2, 4-14-2003]
A. 
Signs Permitted. Only the following specified signs may be displayed in relation to a pending garage sale:
1. 
Two (2) signs permitted. 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 garage sale is being conducted.
2. 
Directional signs. Four (4) signs of not more than two (2) square feet each are permitted, provided that written permission to erect signs is received from the property owners upon whose property such signs are to be placed. No signs shall be erected, placed, posted or otherwise displayed on public property without consent from City Hall upon receiving a garage sale permit, however, no such signs shall be erected, placed, posted or otherwise displayed on street signs and posts, traffic signs and posts or upon any public utility poles. A Police Officer or any other city official who deems the location of such sign to be unsafe or hinder safe passage of travelers on any road or street within the City limits, shall have the right to remove and discard such sign.
[Ord. No. 1498 § I, 10-1-2015]
B. 
Time Limitations — Removal. Such signs shall be erected not sooner than one (1) day prior to the date of the sale and shall be removed within twenty-four (24) hours of the last day upon which the sale is held. If signs are not removed, it shall be considered a misdemeanor upon which a fine of twenty-five dollars ($25.00) will be charged.
[R.O. 2006 §610.120; CC 1986 §53.120]
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 the City of Willow Springs in order to maintain the public health, safety and welfare.
[R.O. 2006 §610.130; CC 1986 §53.130]
A Police Officer or any other official designated by any City 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 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.
[R.O. 2006 §610.140; CC 1986 §53.140]
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 garage sale.
[R.O. 2006 §610.150; CC 1986 §53.150]
A. 
False Information. Any permit issued under this Chapter may be revoked or any application for issuance of a permit may be refused by the City Clerk if the application submitted by the applicant or permit holder contains any false, fraudulent or misleading statement.
B. 
Conviction Of Violation. If any individual is convicted of an offense under this Chapter, the City Clerk is instructed to cancel any existing garage sale permit held by the individual convicted and not to issue such individual another garage sale permit for a period of two (2) years from the time of conviction.
[R.O. 2006 §610.160; CC 1986 §53.160]
A. 
The provisions of this Chapter 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 the City of Willow Springs or under the protection of the non-conforming 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. 2006 §610.170; CC 1986 §53.170]
Every article sold and every day a sale is conducted in violation of this Chapter shall constitute a separate offense punishable as a misdemeanor in accordance with Section 100.220 of this Code.