[Ord. No. 1098 § 1, 11-17-2008]
Yard and garage sales are permitted within the municipal limits
of the Town of Carrollton under certain terms and conditions as herein
set forth. The term "garage sale" means and includes such terms as
yard sale, basement sale, carport sale, moving sale, rummage sale,
flea market sale or any other type of residential sale of tangible
personal property, such as, but not limited to, household items, clothing,
tools, recreation equipment or other used or secondhand items normally
found in and about the home and advertised to the public.
[Ord. No. 1098 § 2, 11-17-2008]
A.
A permit shall be required for any person(s) conducting a yard sale.
The permit must be procured prior to the commencement of the sale
and may be obtained in the office of the Financial Assistant. The
Financial Assistant is authorized to prepare a permit application
form which shall include all pertinent information necessary to identify
the sale site, the applicants, and the date and time for the permitted
sale and shall contain such other information as the Town deems appropriate.
The permit application shall not require the disclosure of the applicant's
social security number.
B.
There shall be a fee for such permit, which shall be two dollars
($2.00).
[Ord. No. 1098 § 3, 11-17-2008]
A.
A property location may not be permitted for a garage sale more than
four (4) times in a calendar year. The property location shall be
identified as the post office address assigned thereto and shall include
the dwelling or any part thereof, yard, open field, barn, accessory
building and parking area.
B.
A sale may be conducted by a single person, multiple persons, churches,
social, civic or charitable organizations. All items to be sold must
originate as the legal property of the applicant, other persons participating
in the sale or members of the organizations. Goods must be surplus
to the needs of the owner and shall not include items purchased new
for resale at the garage sale.
C.
A permitted garage sale shall be limited to three (3) consecutive
days of operation and must be conducted during daylight hours only.
D.
Garage sales may be conducted on private property or public property
with permission and provided no merchandise shall be placed upon public
rights-of-way, including streets and sidewalks. All merchandise must
be displayed a sufficient distance from public roadways in order to
avoid obstruction of view or traffic hazards.
E.
All unsold garage sale merchandise remaining on the permitted site
at the conclusion of the sale must be removed therefrom immediately.
Merchandise sold to purchasers must be removed from the permitted
sale site within twenty-four (24) hours of the conclusion of the sale.
F.
The issuance of a garage sale permit shall signify the consent and
permission for personnel of the Town of Carrollton, including law
enforcement officers, to enter the permitted sale site to monitor,
inspect and determine compliance with this Chapter.
[Ord. No. 1098 § 4, 11-17-2008]
A.
A garage sale may be advertised to the public by means of newspapers,
radio, handbills and signs. In the event an applicant chooses to advertise
a permitted garage sale by means of signage or handbills, the following
restrictions shall apply, to wit:
1.
No more than two (2) signs may be placed upon the permitted
property.
2.
Signs may not be placed on private property which is not the
permitted site. Handbills may be posted on private bulletin boards
or inside places of business with the consent of the owner.
3.
A sign is limited to four (4) square feet or less and shall
not be illuminated or animated.
4.
A sign may not be displayed more than one (1) day prior to the
commencement date of the sale and must be removed within twenty-four
(24) hours of the conclusion of the sale.
[Ord. No. 1098 § 5, 11-17-2008]
A.
This Chapter shall not apply to or affect the following persons or
sales:
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 or as court-appointed personal representatives of
estates.
3.
Persons selling or advertising for sale an item of personal
property which is specifically named or described in the advertisement
and which separate items do not exceed ten (10) in number.
4.
Sales conducted by bona fide civic or charitable organizations
where the net proceeds are distributed to charity, public purposes
or community goals or projects.
[Ord. No. 1098 § 6, 11-17-2008]
Any person conducting a garage sale without being properly permitted
or who should violate any of the other terms and regulations contained
in this Chapter shall upon conviction be guilty of an ordinance violation
and may be punished by a fine not less than twenty five dollars ($25.00)
nor more than five hundred dollars ($500.00) at the discretion of
the Municipal Judge.
