(B)
An itinerant merchant shall be any person, firm or corporation traveling
from house to house or from place to place within the City of Hometown
and offering merchandise for sale or who, from a place or residence
in Hometown, communicates by telephone, letter or circular to other
places in Hometown or elsewhere and offers merchandise for sale or
who, at any place in Hometown other than his place of business (which
place of business is hereby defined as one who rents a store loft,
warehouse, yard, storeroom, or office space in Hometown by the year,
or part of a year), offers for sale merchandise which is ultimately
delivered to the consumer at his place of business or residence.
Upon the issuance of a license after application, the licensee
may be required to wear a badge identifying himself or his business.
The City Clerk shall forward a copy of the license to the Police Department
when issued. In no case shall an application be valid for a period
in excess of six months.
[Amended 5-27-2014 by Ord. No. 4-2014]
(A)
For purposes of this section, "yard sales" shall mean and include
all general sales, open to the public, for the purpose of disposing
of personal property owned, utilized, or maintained by an individual
or members of his or her residence and acquired in the normal course
of living in or maintaining a residence.
(B)
It shall be unlawful for any person to conduct or operate a yard
sale, except on the following conditions:
(1)
No yard sale may be conducted without first obtaining a permit
from the City Clerk. The permit fee shall be $5. Additionally, the
property owner shall post a cash bond of $25 to guarantee compliance
with the provisions of this section and the return of the yard sale
permit by the property owner to the City Clerk at the conclusion of
the yard sale. The cash bond will be forfeited in the event of noncompliance.
The yard sale permit must be obtained at least seven days prior to
the event.
(2)
A property owner is limited to one yard sale per calendar year.
Yard sales are restricted to the hours of 9:00 a.m. through 5:00 p.m.
on Fridays and Saturdays. "Early bird specials" or sales otherwise
outside the restricted hours are strictly prohibited. A yard sale
may be held on consecutive days (Friday and Saturday) during the foregoing
hours.
(3)
All personal property being offered for sale at the yard sale
shall be removed from display in the yard by 6:00 p.m. on each date
of the yard sale.
(4)
Yard sales are only permitted between the first Friday in the
month of April through the first Saturday in the month of October.
If rain or inclement weather results in the cancellation of the yard
sale, the resident must renew the permit application for a future
date, at no additional charge, within seven days of the cancellation.
(5)
All yard sales shall be confined to the property owner's front
yard. No yard sale activities shall be conducted in the garage, rear
yard or driveway. No public sidewalk, parkway, or street shall be
obstructed or used for the sale or display of goods. The property
owner is required to cordon off the property line between the duplexes
and the driveway side of the yard. However, if the property owner
is conducting a yard sale simultaneously with his duplex neighbor
or driveway neighbor, there is no requirement that the neighbor's
property be cordoned off.
(6)
Only personal property owned, utilized or maintained in the
normal course of living or maintained in the residence shall be offered
for sale at the yard sale. Personal property purchased for resale
may not be offered for sale.
(7)
Two adjoining buildings (four addresses) may join in requesting
a driveway permit. While only one permit is required, the permit will
operate as a permit issued to each property owner participating in
the yard sale.
(8)
Signs advertising the yard sale must be no more than four square
feet in area and located on private property with the consent of the
property owner. No sign shall be attached to utility poles or otherwise
posted in the public right-of-way.
(9)
The yard sale permit must be displayed so that it is capable
of being observed from the street.
(10)
The City reserves the right to summarily close the yard sale
for violations of this section.
